No Child Left Behind Act of 2001
PL 107-110 (H.R.1), enacted 01/08/2002

PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1425 
Public Law 107-110 
107th Congress 
An Act 
To close the achievement gap with accountability, flexibility, and choice, so that 
Jaa. 8, 2002 
no child is left behind. 
fH.R. 1] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled^ 
No CMd Left 
Behind Act of 
SECTION 1. SHORT TITLE. 
2001. 
This title may be cited as the "No Child Left Behind Act 
fjf^J:'*^°°-
01 zUUl . 
governmental 
SEC. 2. TABLE OF CONTENTS. 
20^UsSsOl 
The table of contents for this Act is as follows: 
note. 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective date. 
Sec. 6. Table of contents of Elementary and Secondary Education Act of 1965. 
TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DISADVANTAGED 
Sec. 101. Improving the academic achievement of the disadvantaged. 
TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY 
TEACHERS AND PRINCIPALS 
Sec. 201. Teacher and principal training and recruiting fund. 
Sec. 202. Continuation of awards. 
TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 
AND IMMIGRANT STUDENTS 
Sfec. 301. Language instruction for limited English proficient children and immi-
grant children and youth. 
TITLE IV—21ST CENTURY SCHOOLS 
Sec. 401. 21st Century schools. 
TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 
PROGRAMS 
Sec. 501. Innovative programs and parental choice provisions. 
Sec. 502. Continuation of awards. 
TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 
Sec. 601. Flexibility and accountability. 
Sec. 602. Amendment to the National Education Statistics Act of 1994. 
TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION 
Sec. 701. Indians, Native Hawaiians, and Alaska Natives. 
Sec. 702. Conforming amendments. 
Sec. 703. Savings provisions. 
TITLE VIII—IMPACT AID PROGRAM 
Sec. 801. Payments relating to Federal acquisition of real property. 
115 STAT. 1426 
PUBLIC LAW 107-110—JAN. 8, 2002 
Sec. 802. Payments for eligible federally connected children. 
Sec. 803. Construction. 
Sec. 804. State consideration of payments in providing State aid. 
Sec. 805. Authorization of appropriations. 
TITLE IX—GENERAL PROVISIONS 
Sec. 901. General provisions. 
TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER 
STATUTES 
PART A—REPEALS 
Sec. 1011. Repeals. 
Sec. 1012. Conforming clerical and technical amendments. 
PART B—REDESIGNATIONS 
Sec. 1021. Comprehensive Reaional Assistance Centers. 
Sec. 1022. National Diffusion Network. 
Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia. 
Sec. 1024. Technology-based technical assistance. 
Sec. 1025. Conforming amendments. 
PART C—HOMELESS EDUCATION 
Sec. 1031. Short title. 
Sec. 1032. Education for homeless children and youths. 
Sec. 1033. Conforming amendment. 
Sec. 1034. Technical amendment. 
PART D—NATIVE AMERICAN EDUCATION IMPROVEMENT 
Sec. 1041. Short title. 
Sec. 1042. Amendments to the Education Amendments of 1978. 
Sec. 1043. Tribally Controlled Schools Act of 1988. 
Sec. 1044. Lease payments by the Ojibwa Indian School. 
Sec. 1045. Enrollment and general assistance payments. 
PART E—HIGHER EDUCATION ACT OF 1965 
Sec. 1051. Preparing tomorrow's teachers to use technology. 
Sec. 1052. Continuation of awards. 
PART F—GENERAL EDUCATION PROVISIONS ACT 
Sec. 1061. Student privacy, parental access to information, and administration of 
certain physical examinations to minors. 
Sec. 1062. Technical corrections. 
PART G—^MISCELLANEOUS OTHER STATUTES 
Sec. 1071. Title 5 of the United States Code. 
Sec. 1072. Department of Education Organization Act. 
Sec. 1073. Education Flexibility Partnership Act of 1999. 
Sec. 1074. Educational Research, Development, Dissemination, and Improvement 
Act of 1994. 
Sec. 1075. National Child Protection Act of 1993. 
Sec. 1076. Technical and conforming amendments. 
SEC. 
3
. 
REFERENCES. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.). 
20 u s e 6301 
SEC. 4. TRANSITION. 
°° ®
' 
(a) MULTI-YEAR AWARDS.—^Except as otherwise provided in this 
Act, the recipient of a multi-year award under the Elementary 
and Secondary Education Act of 1965, as that Act was in effect 
prior to the date of enactment of this Act, shall continue to receive 
funds in accordance with the terms of that award, except that 
no additional funds may be awarded after September 30, 2002. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1427 
(b) PLANNING AND TRANSITION.—Notwithstanding any other 
provision of law, a recipient of funds under the Elementary and 
Secondary Education Act of 1965, as that Act was in effect prior 
to the date of enactment of this Act, may use funds available 
to the recipient under that predecessor authority to carry out nec-
essary and reasonable planning and transition activities in order 
to ensure an orderly implementation of programs authorized by 
this Act, and the amendments made by this Act. 
(c) ORDERLY TRANSITION.—The Secretary shall take such steps 
as are necessary to provide for the orderly transition to, and 
implementation of, programs authorized by this Act, and by the 
amendments made by this Act, from programs authorized by the 
Elementary and Secondary Education Act of 1965, as that Act 
was in effect prior to the date of enactment of this Act. 
SEC. 5. EFFECTIVE DATE. 
20 USC 6301 
(a) IN GENERAL.—Except as otherwise provided in this Act, 
this Act, and the amendments made by this Act, shall be effective 
upon the date of enactment of this Act. 
(b) NONCOMPETITIVE PROGRAMS.—^With respect to noncompeti-
tive programs under which any funds are allotted by the Secretary 
of Education to recipients on the basis of a formula, this Act, 
and the amendments made by this Act, shall take effect on July 
1, 2002. 
(c) COMPETITIVE PROGRAMS.—^With respect to programs that 
are conducted by the Secretary on a competitive basis, this Act, 
and the amendments made by this Act, shall take effect with 
respect to appropriations for use under those programs for fiscal 
year 2002. 
(d) IMPACT AID.—^With respect to title VIII (Impact Aid), this 
Act, and the amendments made by this Act, shall take effect with 
respect to appropriations for use under that title for fiscal year 
2002. 
SEC. 
6
. 
TABLE 
OF 
CONTENTS 
OF 
ELEMENTARY 
AND 
SECONDARY 
EDU-
CATION 
ACT 
OF 
1
9
6
5
. 
The Act is amended— 
(1) in the heading of section 1, by striking "TABLE OF 20USC6301 
CONTENTS" and inserting "SHORT TITLE"; and 
note. 
(2) by adding after section 1 the following new section: 
"SEC. 2. TABLE OF CONTENTS. 
"The table of contents for this Act is as follows: 
"Sec. 1. Short title. 
"Sec. 2. Table of contents. 
"TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DISADVANTAGED 
"Sec. 1001. Statement of purpose. 
"Sec. 1002. Authorization of appropriations. 
"Sec. 1003. School improvement. 
"Sec. 1004. State administration. 
"PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 
"Subpart 1—Basic Program Requirements 
"Sec. 1111. State plans. 
"Sec. 1112. Local educational agency plans. 
"Sec. 1113. Eligible school attendance areas. 
"Sec. 
''4. School 
wide programs. 
115 STAT. 1428 
PUBLIC LAW 107-110-^AN. 8, 2002 
"Sec. 1115. Targeted assistance schools. 
"Sec. 1116. Academic assessment and local educational agency and school improve-
ment. 
"Sec. 1117. School support and recognition. 
"Sec. 1118. Parental involvement. 
"Sec. 1119. Qualifications for teachers and paraprofessionals. 
"Sec. 1120. Participation of children enrolled in private schools. 
"Sec. 1120A. Fiscal requirements. 
"Sec. 1120B. Coordination requirements. 
"Subpart 2—Allocations 
"Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. 
"Sec. 1122. Allocations to States. 
"Sec. 1124. Basic grants to local educational agencies. 
"Sec. 1124A. Concentration grants to local educational agencies. 
"Sec. 1125. Targeted grants to local educational agencies. 
"Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies 
in fiscal years after fiscal year 2001. 
"Sec. 1125A. Education finance incentive grant program. 
"Sec. 1126. Special allocation procedures. 
"Sec. 1127. Carryover and waiver. 
"PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS 
"Subpart 1—Reading First 
"Sec. 1201. Purposes. 
"Sec. 1202. Formula grants to State educational agencies. 
"Sec. 1203. State formula grant applications. 
"Sec. 1204. Targeted assistance grants. 
"Sec. 1205. External evaluation. 
"Sec. 1206. National activities. 
"Sec. 1207. Information dissemination. 
"Sec. 1208. Definitions. 
"Subpart 2—Early Reading First 
"Sec. 1221. Purposes; definitions. 
"Sec. 1222. Local Early Reading First grants. 
"Sec. 1223. Federal administration. 
"Sec. 1224. Information dissemination. 
"Sec. 1225. Reporting requirements. 
"Sec. 1226. Evaluation. 
"Subpart 3—William F. Goodling Even Start Family Literacy Programs 
"Sec. 1231. Statement of purpose. 
"Sec. 1232. Program authorized. 
"Sec. 1233. State educational agency programs. 
"Sec. 1234. Uses of funds. 
"Sec. 1235. Program elements. 
"Sec. 1236. Eligible participants. 
"Sec. 1237. Applications. 
"Sec. 1238. Award of subgrants. 
"Sec. 1239. Evaluation. 
"Sec. 1240. Indicators of program quality. 
"Sec. 1241. Research. 
"Sec. 1242. Construction. 
"Subpart 4—Improving Literacy Through School Libraries 
"Sec. 1251. Improving literacy through school libraries. 
"PART C—EDUCATION OF MIGRATORY CHILDREN 
"Sec. 1301. Program purpose. 
"Sec. 1302. Program authorized. 
"Sec. 1303. State allocations. 
"Sec. 1304. State applications; services. 
"Sec. 1305. Secretarial approval; peer review. 
"Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized 
activities. 
"Sec. 1307. Bypass. 
"Sec. 1308. Coordination of migrant education activities. 
"Sec. 1309. Definitions. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1429 
"PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH 
W
H
O ARE NEGLECTED, DELINQUENT, OR AT-RISK 
"Sec. 1401. Purpose and program authorization. 
"Sec. 1402. Payments for programs under this part. 
"Subpart 1—State Agency Programs 
"Sec. 1411. Eligibihty. 
"Sec. 1412. Allocation of funds. 
"Sec. 1413. State reallocation of funds. 
"Sec. 1414. State plan and State agency applications. 
"Sec. 1415. Use of funds. 
"Sec. 1416. Institution-wide projects. 
"Sec. 1417. Three-year programs or projects. 
"Sec. 1418. Transition services. 
"Sec. 1419. Evaluation; technical assistance; annual model program. 
"Subpart 2—Local Agency Programs 
"Sec. 1421. Purpose. 
"Sec. 1422. Programs operated by local educational agencies. 
"Sec. 1423. Local educational agency applications. 
"Sec. 1424. Uses of funds. 
"Sec. 1425. Program requirements for correctional facilities receiving funds under 
this section. 
"Sec. 1426. Accountability. 
"Subpart 3—General Provisions 
"Sec. 1431. Program evaluations. 
"Sec. 1432. Definitions. 
"PART E—NATIONAL ASSESSMENT OF TITLE I 
"Sec. 1501. Evaluations. 
"Sec. 1502. Demonstrations of innovative practices. 
"Sec. 1503. Assessment evaluation. 
"Sec. 1504. Close Up fellowship program. 
"PART F—COMPREHENSIVE SCHOOL REFORM 
"Sec. 1601. Purpose. 
"Sec. 1602. Program authorization. 
"Sec. 1603. State applications. 
"Sec. 1604. State use of funds. 
"Sec. 1605. Local applications. 
"Sec. 1606. Local use of funds. 
"Sec. 1607. Evaluation and reports. 
"Sec. 1608. Quality initiatives. 
"PART G—^ADVANCED PLACEMENT PROGRAMS 
"Sec. 1701. Short title. 
"Sec. 1702. Purposes. 
"Sec. 1703. Funding distribution rule. 
"Sec. 1704. Advanced placement test fee program. 
"Sec. 1705. Advanced placement incentive program grants. 
"Sec. 1706. Supplement, not supplant. 
"Sec. 1707. Definitions. 
"PART H—SCHOOL DROPOUT PREVENTION 
"Sec. 1801. Short title. 
"Sec. 1802. Purpose. 
"Sec. 1803. Authorization of appropriations. 
"Subpart 1—Coordinated National Strategy 
"Sec. 1811. National activities. 
"Subpart 2—School Dropout Prevention Initiative 
"Sec. 1821. Definitions. 
"Sec. 1822. Program authorized. 
"Sec. 1823. Applications. 
"Sec. 1824. State reservation. 
"Sec. 1825. Strategies and capacity building. 
"Sec. 1826. Selection of local educational agencies for subgrants. 
115 STAT. 1430 
PUBLIC LAW 107-110-^AN. 8, 2002 
"Sec. 1827. Community based organizations. 
"Sec. 1828. Technical assistance. 
"Sec. 1829. School dropout rate calculation. 
"Sec. 1830. Reporting and accountability. 
"PART I—GENERAL PROVISIONS 
"Sec. 1901. Federal regulations. 
"Sec. 1902. Agreements and records. 
"Sec. 1903. State administration. 
"Sec. 1904. Local educational agency spending audits. 
"Sec. 1905. Prohibition against Federal mandates, direction, or control. 
"Sec. 1906. Rule of construction on equalized spending. 
"Sec. 1907. State report on dropout data. 
"Sec. 1908. Regulations for sections 1111 and 1116. 
'TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY 
TEACHERS AND PRINCIPALS 
"PART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND 
"Sec. 2101. Purpose. 
"Sec. 2102. Definitions. 
"Sec. 2103. Authorizations of appropriations. 
"Subpart 1—Grants to States 
"Sec. 2111. Allotments to States. 
"Sec. 2112. State applications. 
"Sec. 2113. State use of funds. 
"Subpart 2—Subgrants to Local Educational Agencies 
"Sec. 2121. Allocations to local educational agencies. 
"Sec. 2122. Local applications and needs assessment. 
"Sec. 2123. Local use of funds. 
"Subpart 3—Subgrants to Eligible Partnerships 
"Sec. 2131. Definitions. 
"Sec. 2132. Subgrants. 
"Sec. 2133. Applications. 
"Sec. 2134. Use of funds. 
"Subpart 4—^Accountability 
"Sec. 2141. Technical assistance and accountability. 
"Subpart 5—National Activities 
"Sec. 2151. National activities of demonstrated effectiveness. 
"PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS 
"Sec. 2201. Purpose; definitions. 
"Sec. 2202. Grants for mathematics and science partnerships. 
"Sec. 2203. Authorization of appropriations. 
"PART C—INNOVATION FOR TEACHER QUALITY 
"Subpart 1—Transitions to Teaching 
"CHAPTER A—TROOPS-TO-TEACHERS PROGRAM 
"Sec. 2301. Definitions. 
"Sec. 2302. Authorization of Troops-to-Teachers Program. 
"Sec. 2303. Recruitment and selection of program participants. 
"Sec. 2304. Participation agreement and financial assistance. 
"Sec. 2305. Participation by States. 
"Sec. 2306. Support of innovative preretirement teacher certification programs. 
"Sec. 2307. Reporting requirements. 
"CHAPTER B—TRANSITION TO TEACHING PROGRAM 
"Sec. 2311. Purposes. 
"Sec. 2312. Definitions. 
"Sec. 2313. Grant program. 
"Sec. 2314. Evaluation and accountability for recruiting and retaining teachers. 
"CHAPTER C—GENERAL PROVISIONS 
"Sec. 2321. Authorization of appropriations. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1431 
"Subpart 2—National Writing Project 
"Sec. 2331. Purposes. 
"Sec. 2332. National Writing Project. 
"Subpart 3—Civic Education 
"Sec. 2341. Short title. 
"Sec. 2342. Purpose. 
"Sec. 2343. General authority. 
"Sec. 2344. We the People program. 
"Sec. 2345. Cooperative civic education and economic education exchange programs. 
"Sec. 2346. Authorization of appropriations. 
"Subpart 4—Teaching of Traditional American History 
"Sec. 2351. Establishment of program. 
"Sec. 2352. Authorization of appropriations. 
"Subpart 5—Teacher Liability Protection 
"Sec. 2361. Short title. 
"Sec. 2362. Purpose. 
"Sec. 2363. Definitions. 
"Sec. 2364. Applicability. 
"Sec. 2365. Preemption and election of State nonapplicability. 
"Sec. 2366. Limitation on liability for teachers. 
"Sec. 2367. Allocation of responsibility for noneconomic loss. 
"Sec. 2368. Effective date. 
"PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY 
"Sec. 2401. Short title. 
"Sec. 2402. Purposes and goals. 
"Sec. 2403. Definitions. 
"Sec. 2404. Authorization of appropriations. 
"Subpart 1—State and Local Technology Grants 
"Sec. 2411. Allotment and reallotment. 
"Sec. 2412. Use of allotment by State. 
"Sec. 2413. State applications. 
"Sec. 2414. Local applications. 
"Sec. 2415. State activities. 
"Sec. 2416. Local activities. 
"Subpart 2—National Technology Activities 
"Sec. 2421. National activities. 
"Sec. 2422. National education technology plan. 
"Subpart 3—Ready-to-Leam Television 
"Sec. 2431. Ready-to-Leam Television. 
"Subpart 4—Limitation on Availability of Certain Funds for Schools 
"Sec. 2441. Internet safety. 
'TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 
AND IMMIGRANT STUDENTS 
"Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts. 
"PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND 
ACADEMIC ACHIEVEMENT ACT 
"Sec. 3101. Short title. 
"Sec. 3102. Purposes. 
"Subpart 1—Grants and Subgrants for English Language Acquisition and Language 
Enhancement 
"Sec. 3111. Formula grants to States. 
"Sec. 3112. Native American and Alaska Native children in school. 
"Sec. 3113. State and specially qualified agency plans. 
"Sec. 3114. Within-State allocations. 
"Sec. 3115. Subgrants to eligible entities. 
"Sec. 3116. Local plans. 
"Subpart 2—Accountability and Administration 
"Sec. 3121. Evaluations. 
115 STAT. 1432 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"Sec. 3122. Achievement objectives and accountability. 
"Sec. 3123. Reporting requirements. 
"Sec. 3124. Coordination with related programs. 
"Sec. 3125. Rules of construction. 
"Sec. 3126. Legal authority under State law. 
"Sec. 3127. Civil rights. 
"Sec. 3128. Programs for Native Americans and Puerto Rico. 
"Sec. 3129. Prohibition. 
"Subpart 3—National Activities 
"Sec. 3131. National professional development project. 
"Subpart 4—Definitions 
"Sec. 3141. Eligible entity. 
"PART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS 
"Sec. 3201. Short title. 
"Sec. 3202. Purpose. 
"Sec. 3203. Native American children in school. 
"Sec. 3204. Residents of the territories and freely associated states. 
"Subpart 1—Program Development and Enhancement 
"Sec. 3211. Financial assistance for language instruction educational programs. 
"Sec. 3212. Program enhancement activities. 
"Sec. 3213. Comprehensive school and system 
wide improvement activities. 
"Sec. 3214. Applications. 
"Sec. 3215. Capacity building. 
"Sec. 3216. Programs for Native Americans and Puerto Rico. 
"Sec. 3217. Evaluations. 
"Sec. 3218. Construction. 
"Subpart 2—Research, Evaluation, and Dissemination 
"Sec. 3221. Authority. 
"Sec. 3222. Research. 
"Sec. 3223. Academic excellence awards. 
"Sec. 3224. State grant program. 
"Sec. 3225. Instruction materials development. 
"Subpart 3—Professional Development 
"Sec. 3231. Professional development grants. 
"Subpart 4—Emergency Immigrant Education Program 
"Sec. 3241. Purpose. 
"Sec. 3242. State administrative costs. 
"Sec. 3243. Withholding. 
"Sec. 3244. State allotments. 
"Sec. 3245. State applications. 
"Sec. 3246. Administrative provisions. 
"Sec. 3247. Uses of funds. 
"Sec. 3248. Reports. 
"Subpart 5—^Administration 
"Sec. 3251. Release time. 
"Sec. 3252. Notification. 
"Sec. 3253. Coordination and reporting requirements. 
"PART C—GENERAL PROVISIONS 
"Sec. 3301. Definitions. 
"Sec. 3302. Parental notification. 
"Sec. 3303. National Clearinghouse. 
"Sec. 3304. Regulations. 
"TITLE IV—21ST CENTURY SCHOOLS 
"PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
"Sec. 4001. Short title. 
"Sec. 4002. Purpose. 
"Sec. 4003. Authorization of appropriations. 
"Subpart 1—State Grants 
"Sec. 4111. Reservations and allotments. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1433 
"Sec. 4112. Reservation of State funds for safe and drug-free schools. 
"Sec. 4113. State application. 
"Sec. 4114. Local educational agency program. 
"Sec. 4115. Authorized activities. 
"Sec. 4116. Reporting. 
"Sec. 4117. Programs for Native Hawaiians. 
"Subpart 2—National Programs 
"Sec. 4121. Federal activities. 
"Sec. 4122. Impact evaluation. 
"Sec. 4123. Hate crime prevention. 
"Sec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee. 
"Sec. 4125. National coordinator program. 
"Sec. 4126. Community service grant program. 
"Sec. 4127. School Security Technolo^ and Resource Center. 
"Sec. 4128. National Center for School and Youth Safety. 
"Sec. 4129. Grants to reduce alcohol abuse. 
"Sec. 4130. Mentoring programs. 
"Subpart 3—Gun Possession 
"Sec. 4141. Gun-free requirements. 
"Subpart 4—General Provisions 
"Sec. 4151. Definitions. 
"Sec. 4152. Message and materials. 
"Sec. 4153. Parental consent. 
"Sec. 4154. Prohibited uses of funds. 
"Sec. 4155. Transfer of school disciplinary records. 
"PART B—21ST CENTURY COMMUNITY LEARNING CENTERS 
"Sec. 4201. Purpose; definitions. 
"Sec. 4202. Allotments to States. 
"Sec. 4203. State application. 
"Sec. 4204. Local competitive grant program. 
"Sec. 4205. Local activities. 
"Sec. 4206. Authorization of appropriations. 
"PART C—ENVIRONMENTAL TOBACCO SMOKE 
"Sec. 4301. Short title. 
"Sec. 4302. Definitions. 
"Sec. 4303. Nonsmoking policy for children's services. 
"Sec. 4304. Preemption. 
"TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 
PROGRAMS 
"PART A—INNOVATIVE PROGRAMS 
"Sec. 5101. Purposes, State and local responsibility. 
"Subpart 1—State and Local Programs 
"Sec. 5111. Allotment to States. 
"Sec. 5112. Allocation to local educational agencies. 
"Subpart 2—State Programs 
"Sec. 5121. State uses of funds. 
"Sec. 5122. State applications. 
"Subpart 3—Local Innovative Education Programs 
"Sec. 5131. Local uses of funds. 
"Sec. 5132. Administrative authority. 
"Sec. 5133. Local applications. 
,, 
"Subpart 4—General Provisions 
"Sec. 5141. Maintenance of effort. 
"Sec. 5142. Participation of children enrolled in private schools. 
"Sec. 5143. Federal administration. 
"Sec. 5144. Supplement, not supplant. 
"Sec. 5145. Definitions. 
"Sec. 5146. Authorization of appropriations. 
89-194 0 -03-15 QL3 Part 2 
115 STAT. 1434 
PUBLIC LAW 107-110-^AN. 8, 2002 
"PART B—PUBLIC CHARTER SCHOOLS 
"Subpart 1—Charter School Programs 
"Sec. 5201. Purpose. 
"Sec. 5202. Program authorized. 
"Sec. 5203. Applications. 
"Sec. 5204. Administration. 
"Sec. 5205. National activities. 
"Sec. 5206. Federal formula allocation during first year and for successive enroll-
ment expansions. 
"Sec. 5207. Solicitation of input from charter school operators. 
"Sec. 5208. Records transfer. 
"Sec. 5209. Paperwork reduction. 
"Sec. 5210. Definitions. 
"Sec. 5211. Authorization of appropriations. 
"Subpart 2—Credit Enhancement Initiatives To Assist Charter School Facility 
Acquisition, Construction, and Renovation 
"Sec. 5221. Purpose. 
"Sec. 5222. Grants to eligible entities. 
"Sec. 5223. Applications. 
"Sec. 5224. Charter school objectives. 
"Sec. 5225. Reserve account. 
"Sec. 5226. Limitation on administrative costs. 
"Sec. 5227. Audits and reports. 
"Sec. 5228. No full faith and credit for grantee obligations. 
"Sec. 5229. Recovery of funds. 
"Sec. 5230. Definitions. 
"Sec. 5231. Authorization of appropriations. 
"Subpart 3—^Voluntary Public School Choice Programs 
"Sec. 5241. Grants. 
"Sec. 5242. Uses of funds. 
"Sec. 5243. Applications. 
"Sec. 5244. Priorities. 
"Sec. 5245. Requirements and voluntary participation. 
"Sec. 5246. Evaluations. 
"Sec. 5247. Definitions. 
"Sec. 5248. Authorization of appropriations. 
"PART C—MAGNET SCHOOLS ASSISTANCE 
"Sec. 5301. Findings and purpose. 
"Sec. 5302. Definition. 
"Sec. 5303. Program authorized. 
"Sec. 5304. EligibiUty. 
"Sec. 5305. Applications and requirements. 
"Sec. 5306. Priority. 
"Sec. 5307. Use of funds. 
"Sec. 5308. Prohibition. 
"Sec. 5309. Limitations. 
"Sec. 5310. Evaluations. 
"Sec. 5311. Authorization of appropriations; reservation. 
"PART D—FUND FOR THE IMPROVEMENT OF EDUCATION 
"Sec. 5401. Authorization of appropriations. 
"Subpart 1—Fund for the Improvement of Education 
"Sec. 5411. Programs authorized. 
"Sec. 5412. Applications. 
"Sec. 5413. Program requirements. 
"Sec. 5414. Studies of national significance. 
"Subpart 2—Elementary and Secondary School Counseling Programs 
"Sec. 5421. Elementary and secondary school counseling programs. 
"Subpart 3—Partnerships in Character Education 
"Sec. 5431. Partnerships in Character Education program. 
"Subpart 4—Smaller Learning Communities 
"Sec. 5441. Smaller learning communities. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1435 
"Subpart 5—Reading Is Fundamental—Inexpensive Book Distribution Program 
"Sec. 5451. Inexpensive book distribution program for reading motivation. 
"Subpart 6—Gifted and Talented Students 
"Sec. 5461. Short title. 
"Sec. 5462. Purpose. 
"Sec. 5463. Rule of construction. 
"Sec. 5464. Authorized programs. 
"Sec. 5465. Program priorities. 
"Sec. 5466. General provisions. 
"Subpart 7—Star Schools Program 
"Sec. 5471. Short title. 
"Sec. 5472. Purposes. 
"Sec. 5473. Grant program authorized. 
"Sec. 5474. Applications. 
"Sec. 5475. Other grant assistance. 
"Sec. 5476. Administrative provisions. 
"Sec. 5477. Definitions. 
"Subpart 8—Ready to Teach 
"Sec. 5481. Grants. 
"Sec. 5482. Application required. 
"Sec. 5483. Reports and evaluation. 
"Sec. 5484. Digital educational programming grants. 
"Sec. 5485. Administrative costs. 
"Subpart 9—Foreign Language Assistance Program 
"Sec. 5491. Short title. 
"Sec. 5492. Program authorized. 
"Sec. 5493. Applications. 
"Sec. 5494. Elementary school foreign language incentive program. 
"Subpart 10—Physical Education 
"Sec. 5501. Short title. 
"Sec. 5502. Purpose. 
"Sec. 5503. Program authorized. 
"Sec. 5504. Applications. 
"Sec. 5505. Requirements. 
"Sec. 5506. Administrative provisions. 
"Sec. 5507. Supplement, not supplant. 
"Subpart 11—Community Technology Centers 
"Sec. 5511. Purpose and program authorization. 
"Sec. 5512. Eligibility and application requirements. 
"Sec. 5513. Uses of funds. 
"Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for 
Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading 
Partners in Massachusetts 
"Sec. 5521. Short title. 
"Sec. 5522. Findings and purposes. 
"Sec. 5523. Program authorization. 
"Sec. 5524. Administrative provisions. 
"Sec. 5525. Availability of funds. 
"Sec. 5526. Definitions. 
"Subpart 13—Excellence in Economic Education 
"Sec. 5531. Short title. 
"Sec. 5532. Purpose and goals. 
"Sec. 5533. Grant program authorized. 
"Sec. 5534. Applications. 
"Sec. 5535. Requirements. 
"Sec. 5536. Administrative provisions. 
"Sec. 5537. Supplement, not supplant. 
"Subpart 14—Grants to Improve the Mental Health of Children 
"Sec. 5541. Grants for the integration of schools and mental health systems. 
115 STAT. 1436 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"Sec. 5542. Promotion of school readiness through early childhood emotional and 
social development. 
"Subpart 15—^Arts in Education 
"Sec. 5551. Assistance for arts education. 
"Subpart 16—Parental Assistance and Local Family Information Centers 
"Sec. 5561. Purposes. 
"Sec. 5562. Grants authorized. 
"Sec. 5563. Applications. 
"Sec. 5564. Uses of funds. 
"Sec. 5565. Administrative provisions. 
"Sec. 5566. Local family information centers. 
"Subpart 17—Combatting Domestic Violence 
"Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic vio-
lence on elementary and secondary school children. 
"Subpart 18—Healthy, High-Performance Schools 
"Sec. 5581. Grant program authorized. 
"Sec. 5582. State uses of funds. 
"Sec. 5583. Loc£d uses of funds. 
"Sec. 5584. Report to Congress. 
"Sec. 5585. Limitations. 
"Sec. 5586. Healthy, high-performance school building defined. 
"Subpart 19—Grants for Capital Expenses of Providing Equitable Services for 
Private School Students 
"Sec. 5591. Grant program authorized. 
"Sec. 5592. Uses of funds. 
"Sec. 5593. Allotments to States. 
"Sec. 5594. Subgrants to local educational agencies. 
"Sec. 5595. Capital expenses defined. 
"Sec. 5596. Termination. 
"Subpart 20—^Additional Assistance for Certain Local Educational Agencies 
Impacted by Federal Property Acquisition 
"Sec. 5601. Reservation. 
"Sec. 5602. Eligibility. 
"Sec. 5603. Maximum amount. 
"Subpart 21—^Women's Educational Equity Act 
"Sec. 5611. Short title and findings. 
"Sec. 5612. Statement of purpose. 
"Sec. 5613. Programs authorized. 
"Sec. 5614. Applications. 
"Sec. 5615. Criteria and priorities. 
"Sec. 5616. Report. 
"Sec. 5617. Administration. 
"Sec. 5618. Amount. 
"TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 
"PART A—IMPROVING ACADEMIC ACHIEVEMENT 
"Subpart 1—^Accountability 
"Sec. 6111. Grants for State assessments and related activities. 
"Sec. 6112. Grants for enhanced assessment instruments. 
"Sec. 6113. Funding. 
"Subpart 2—Funding Transferability for State and Local Educational Agencies 
"Sec. 6121. Short title. 
"Sec. 6122. Purpose. 
"Sec. 6123. Transferability of funds. 
"Subpart 3—State and Local Flexibility Demonstration 
"Sec. 6131. Short title. 
"Sec. 6132. Purpose. 
"Sec. 6133. General provision. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1437 
"CHAPTER A—STATE FLEXIBILITY AUTHORITY 
"Sec. 6141. State flexibility. 
"Sec. 6142. Consolidation and use of funds. 
"Sec. 6143. Performance review and penalties. 
"Sec. 6144. Renewal of grant of flexibility authority. 
"CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION 
"Sec. 6151. Local flexibility demonstration agreements. 
"Sec. 6152. Consolidation and use of funds. 
"Sec. 6153. Limitations on administrative expenditures. 
"Sec. 6154. Performance review and penalties. 
"Sec. 6155. Renewal of local flexibility demonstration agreement. 
"Sec. 6156. Reports. 
"Subpart 4—State Accountability for Adequate Yearly Progress 
"Sec. 6161. Accountability for adequate yearly progress. 
"Sec. 6162. Peer review. 
"Sec. 6163. Technical assistance. 
"Sec. 6164. Report to Congress. 
"PART B—RURAL EDUCATION INITIATIVE 
"Sec. 6201. Short title. 
"Sec. 6202. Purpose. 
"Subpart 1—Small, Rural School Achievement Program 
"Sec. 6211. Use of applicable funding. 
"Sec. 6212. Grant program authorized. 
"Sec. 6213. Accountability. 
"Subpart 2—Rural and Low-Income School Program 
"Sec. 6221. Program authorized. 
"Sec. 6222. Uses of funds. 
"Sec. 6223. Applications. 
"Sec. 6224. Accountability. 
"Subpart 3—General Provisions 
"Sec. 6231. Annual average daily attendance determination. 
"Sec. 6232. Supplement, not supplant. 
"Sec. 6233. Rule of construction. 
"Sec. 6234. orization of appropriations. 
"PART C—GENERAL PROVISIONS 
"Sec. 6301. Prohibition against Federal mandates, direction, or control. 
"Sec. 6302. Rule of construction on equalized spending. 
"TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION 
"PART A—INDIAN EDUCATION 
"Sec. 7101. Statement of policy. 
^ 
"Sec. 7102. Purpose. 
"Subpart 1—Formula Grants to Local Educational Agencies 
"Sec. 7111. Purpose. 
"Sec. 7112. Grants to local educational agencies and tribes. 
"Sec. 7113. Amount of grants. 
"Sec. 7114. Applications. 
"Sec. 7115. Authorized services and activities. 
"Sec. 7116. Integration of services authorized. 
"Sec. 7117. Student eligibility forms. 
"Sec. 7118. Payments. 
"Sec. 7119. State educational agency review. 
"Subpart 2—Special Programs and Projects To Improve Educational Opportunities 
for Indian Children 
"Sec. 7121. Improvement of educational opportunities for Indian children. 
"Sec. 7122. Professional development for teachers and education professionals. 
"Subpart 3—National Activities 
"Sec. 7131. National research activities. 
115 STAT. 1438 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"Sec. 7132. In-service training for teachers of Indian children. 
"Sec. 7133. Fellowships for Indian students. 
"Sec. 7134. Gifted and talented Indian students. 
"Sec. 7135. Grants to tribes for education administrative planning and develop-
ment. 
"Sec 7136. Improvement of educational opportunities for adult Indians. 
"Subpart 4—Federal Administration 
"Sec. 7141. National Advisory Council on Indian Education. 
"Sec. 7142. Peer review. 
"Sec. 7143. Preference for Indian applicants. 
"Sec. 7144. Minimum grant criteria. 
"Subpart 5—Definitions; Authorizations of Appropriations 
"Sec. 7151. Definitions. 
"Sec. 7152. Authorizations of appropriations. 
"PART B—NATIVE HAWAIIAN EDUCATION 
"Sec. 7201. Short title. 
"Sec. 7202. Findings. 
"Sec. 7203. Purposes. 
"Sec. 7204. Native Hawaiian Education Council and island councils. 
"Sec. 7205. Program authorized. 
"Sec. 7206. Administrative provisions. 
"Sec. 7207. Definitions. 
"PART C—^AALASKA NATIVE EDUCATION 
"Sec. 7301. Short title. 
"Sec. 7302. Findings. 
"Sec. 7303. Purposes. 
"Sec. 7304. Program authorized. 
"Sec. 7305. Administrative provisions. 
"Sec. 7306. Definitions. 
"TITLE VIII—IMPACT AID 
"Sec. 8001. Purpose. 
"Sec. 8002. Payments relating to Federal acquisition of real property. 
"Sec. 8003. Payments for eligible federally connected children. 
'Sec. 8004. Policies and procedures relating to children residing on Indian lands. 
"Sec. 8005. Application for payments under sections 8002 and 8003. 
"Sec. 8007. Construction. 
"Sec. 8008. Facilities. 
"Sec. 8009. State consideration of payments in providing State aid. 
"Sec. 8010. Federal administration. 
"Sec. 8011. Administrative hearings and judicial review. 
"Sec. 8012. Forgiveness of overpayments. 
"Sec. 8013. Definitions. 
"Sec. 8014. Authorization of appropriations. 
"TITLE IX—GENERAL PROVISIONS 
"PART A—DEFINITIONS 
"Sec. 9101. Definitions. 
"Sec. 9102. Applicability of title. 
"Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. 
"PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS 
"Sec. 9201. Consolidation of State administrative funds for elementary and sec-
ondary education programs. 
"Sec. 9202. Single local educational agency States. 
"Sec. 9203. Consolidation of fiinds for local administration. 
"Sec. 9204. Consolidated set-aside for Department of the Interior funds. 
"PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
AND APPLICATIONS 
"Sec. 9301. Purpose. 
"Sec. 9302. Optional consolidated State plans or applications. 
"Sec. 9303. Consolidated reporting. 
"Sec. 9304. General applicability of State educational agency assurances. 
"Sec. 9305. Consolidated local plans or applications. 
PUBLIC LAW 1 0 7 - l i a - J A N . 8, 2002 
115 STAT. 1439 
"Sec. 9306. Other general assurances. 
ri^^r 
. • ' 
3 ^ 
"PART D—WAIVERS 
"Sec. 9401. Waivers of statutory and regulatory requirements. 
"PART E—UNIFORM PROVISIONS 
"Subpart 1—Private Schools 
"Sec. 9501. Participation by private school children and teachers. 
"Sec. 9502. Standards for by-pass. 
"Sec. 9503. Complaint process for participation of private school children. 
"Sec. 9504. By-pass determination process. 
"Sec. 9505. Prohibition against funds for religious worship or instruction. 
"Sec. 9506. Private, religious, and home schools. 
"Subpart 2—Other Provisions 
"Sec. 9521. Maintenance of effort. 
"Sec. 9522. Prohibition regarding State aid. 
"Sec. 9523. Privacy of assessment results. 
"Sec. 9524. School prayer. 
"Sec. 9525. Equal access to public school facilities. 
"Sec. 9526. General prohibitions. 
"Sec. 9527. Prohibitions on Federal Government and use of Federal funds. 
"Sec. 9528. Armed Forces recruiter access to students and student recruiting infor-
mation. 
"Sec. 9529. Prohibition on federally sponsored testing. 
"Sec. 9530. Limitations on national testing or certification for teachers. 
"Sec. 9531. Prohibition on nationwide database. 
"Sec. 9532. Unsafe school choice option. 
"Sec. 9533. Prohibition on discrimination. 
"Sec. 9534. Civil rights. 
"Sec. 9535. Rulemaking. 
"Sec. 9536. Severability. 
"PART F—EVALUATIONS 
"Sec. 9601. Evaluations.". 
TITLE I—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVAN-
TAGED 
SEC. 
1
0
1
. 
IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DIS-
ADVANTAGED. 
Title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) is amended to read as follows: 
"TITLE I—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVAN-
TAGED 
"SEC. 1001. STATEMENT OF PURPOSE. 
20 USC 6301. 
"The purpose of this title is to ensure that all children have 
a fair, equal, and significant opportunity to obtain a high-quality 
education and reach, at a minimum, proficiency on challenging 
State academic achievement standards and state academic assess-
ments. This purpose can be accomplished by— 
"(1) ensuring that high-quality academic assessments, 
accountability systems, teacher preparation and training, cur-
riculum, and instructional materials are aligned with chal-
lenging State academic standards so that students, teachers. 
115 STAT. 1440 
PUBLIC LAW 107-110-^JAN. 8, 2002 
parents, and administrators can measure progress against 
common expectations for student academic achievement; 
"(2) meeting the educational needs of low-achieving chil-
dren in our Nation's highest-poverty schools, limited English 
proficient children, migratory children, children with disabil-
ities, Indian children, neglected or delinquent children, and 
young children in need of reading assistance; 
"(3) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between 
minority and nonminority students, and between disadvantaged 
children and their more advantaged peers; 
"(4) holding schools, local educational agencies, and States 
accountable for improving the academic achievement of all stu-
dents, and identifying and turning around low-performing 
schools that have failed to provide a high-quality education 
to their students, while providing alternatives to students in 
such schools to enable the students to receive a high-quality 
education; 
"(5) distributing and targeting resources sufficiently to 
make a difference to local educational agencies and schools 
where needs are greatest; 
"(6) improving and strengthening accountability, teaching, 
and learning by using State assessment systems designed to 
ensure that students are meeting challenging State academic 
achievement and content standards and increasing achievement 
overall, but especially for the disadvantaged; 
"(7) providing greater decisionmaking authority and flexi-
bility to schools and teachers in exchange for greater responsi-
bility for student performance; 
"(8) providing children an enriched and accelerated edu-
cational program, including the use of schoolwide programs 
or additional services that increase the amount and quality 
of instructional time; 
"(9) promoting schoolwide reform and ensuring the access 
of children to effective, scientifically based instructional strate-
gies and challenging academic content; 
"(10) significantly elevating the quality of instruction by 
providing stsiff in participating schools with 
substantial 
opportunities for professional development; 
"(11) coordinating services under all parts of this title with 
each other, with other educational services, and, to the extent 
feasible, with other agencies providing services to youth, chil-
dren, and families; and 
"(12) 
affording 
parents 
substantial 
and 
meaningful 
opportunities to participate in the education of their children. 
20 use 6302. 
"SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 
"(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose 
of carrying out part A, there are authorized to be appropriated— 
"(1) $13,500,000,000 for fiscal year 2002; 
"(2) $16,000,000,000 for fiscal year 2003; 
"(3) $18,500,000,000 for fiscal year 2004; 
"(4) $20,500,000,000 for fiscal year 2005; 
"(5) $22,750,000,000 for fiscal year 2006; and 
"(6) $25,000,000,000 for fiscal year 2007. 
"(b) READING FIRST.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1441 
"(1) READING FIRST.—For the purpose of carrying out sub-
part 1 of part B, there are authorized to be appropriated 
$900,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years. 
"(2) EARLY READING FIRST.—For the purpose of carrying 
out subpart 2 of part B, there are authorized to be appropriated 
$75,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years. 
"(3) EVEN START.—For the purpose of carrying out subpart 
3 of part B, there are authorized to be appropriated 
$260,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years. 
"(4) IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.— 
For the purpose of carrying out subpart 4 of part B, there 
are authorized to be appropriated $250,000,000 for fiscal year 
2002 and such sums as may be necessary for each of the 
5 succeeding fiscal years. 
"(c) EDUCATION OF MIGRATORY CHILDREN.—For the purpose 
of carrying out part C, there are authorized to be appropriated 
$410,000,000 for fiscal year 2002 and such sums as may be nec-
essary for each of the 5 succeeding fiscal years. 
"(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH 
WHO ARE NEGLECTED, DELINQUENT, OR AT RISK.—^For the purpose 
of carrying out part D, there are authorized to be appropriated 
$50,000,000 for fiscal year 2002 and such sums as may be necessary 
for each of the 5 succeeding fiscal years. 
"(e) FEDERAL ACTIVITIES.— 
"(1) SECTIONS isoi AND 1502.—For the purpose 'of carrying 
out sections 1501 and 1502, there are authorized to be appro-
priated such sums as may be necessary for fiscal year 2002 
and each of the 5 succeeding fiscal years. 
"(2) SECTION 1504.— 
"(A) IN GENERAL.—For the purpose of carrying out 
section 1504, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2002 and for 
each of the 5 succeeding fiscal years. 
"(B) SPECIAL RULE.—Of the funds appropriated pursu-
ant to subparagraph (A), not more than 3() percent may 
be used for teachers associated with students participating 
in the programs described in subsections (a)(1), (b)(1), and 
(c)(1). 
"(f) COMPREHENSIVE SCHOOL REFORM.—For the purpose of car-
rying out part F, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2002 and each of the 
5 succeeding fiscal years. 
"(g) ADVANCED PLACEMENT.—For the purposes of carrying out 
part G, there are authorized to be appropriated such sums for 
fiscal year 2002 and each 5 succeeding fiscal year. 
"(h) SCHOOL DROPOUT PREVENTION.—For the purpose of car-
rying out part H, there are authorized to be appropriated 
$125,000,000 for fiscal year 2002 and such sums as may be nec-
essary for each of the 5 succeeding fiscal years, of which— 
"(1) up to 10 percent shall be available to carry out subpart 
1 of part H for each fiscal year; and 
"(2) the remainder shall be available to carry out subpart 
2 of part H for each fiscal year. 
115 STAT. 1442 
PUBLIC LAW 107-llO^JAN. 8, 2002 
20 use 6303. 
Public 
information. 
Records. 
"(i) SCHOOL IMPROVEMENT.—For the purpose of carrying out 
section 
1003(g), 
there 
are 
authorized 
to be 
appropriated 
$500,000,000 for fiscal year 2002 and such sums as may be nec-
essary for each of the 5 succeeding fiscal years. 
"SEC. 1003. SCHOOL IMPROVEMENT. 
"(a) STATE RESERVATIONS.—Each State shall reserve 2 percent 
of the amount the State receives under subpart 2 of part A for 
fiscal years 2002 and 2003, and 4 percent of the amount received 
under such subpart for fiscal years 2004 through 2007, to carry 
out subsection (b) and to carry out the State's responsibilities under 
sections 1116 and 1117, including carrying out the State educational 
agency's statewide system of technical assistance and support for 
local educational agencies. 
"(b) USES.—Of the amount reserved under subsection (a) for 
any fiscal year, the State educational agency— 
"(1) shall allocate not less than 95 percent of that amount 
directly to local educational agencies for schools identified for 
school improvement, corrective action, and restructuring, for 
activities under section 1116(b); or 
"(2) may, with the approval of the local educational agency, 
directly provide for these activities or arrange for their provision 
through other entities such as school support teams or edu-
cational service agencies. 
"(c) PRIORITY.—The State educational agency, in allocating 
funds to local educational agencies under this section, shall give 
priority to local educational agencies that— 
"(1) serve the lowest-achieving schools; 
"(2) demonstrate the greatest need for such funds; and 
"(3) demonstrate the strongest commitment to ensuring 
that such funds are used to enable the lowest-achieving schools 
to meet the progress goals in school improvement plans under 
section 1116 (b)(3)(A)(v). 
"(d) UNUSED FUNDS.—If, after consultation with local edu-
cational agencies in the State, the State educational agency deter-
mines that the amount of funds reserved to carry out subsection 
(b) is greater than the amount needed to provide the assistance 
described in that subsection, the State educational agency shall 
allocate the excess amount to local educational agencies in accord-
ance with— 
"(1) the relative allocations the State educational agency 
made to those agencies for that fiscal year under subpart 2 
of part A; or 
"(2) section 1126(c). 
"(e) SPECIAL RULE.—Notwithstanding any other provision of 
this section, the amount of funds reserved by the State educational 
agency under subsection (a) in any fiscal year shall not decrease 
the amount of funds each local educational agency receives under 
subpart 2 below the amount received by such local educational 
agency under such subpart for the preceding fiscal year. 
"(f) REPORTING.—The State educational agency shall make pub-
licly available a list of those schools that have received funds 
or services pursuant to subsection (b) and the percentage of students 
from each school from families with incomes below the poverty 
line. 
"(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVEMENT.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1443 
"(1) PROGRAM AUTHORIZED.—The Secretary shall award 
grants to States to enable the States to provide subgrants 
to local educational agencies for the purpose of providing assist-
ance for school improvement consistent with section 1116. 
"(2) STATE ALLOTMENTS.—Such grants shall be allotted 
among States, the Bureau of Indian Affairs, and the outlying 
areas, in proportion to the funds received by the States, the 
Bureau of Indian Affairs, and the outlying areas, respectively, 
for the fiscal year under parts A, C, and D of this title. The 
Secretary shall expeditiously allot a portion of such funds to 
States for the purpose of assisting local educational agencies 
and schools that were in school improvement status on the 
date preceding the date of enactment of the No Child Left 
Behind Act of 2001. 
"(3) REALLOCATIONS.—If a State does not receive funds 
under this subsection, the Secretary shall reallocate such funds 
to other States in the same proportion funds are allocated 
under paragraph (2). 
"(4) STATE APPLICATIONS.—Each State educational agency 
that desires to receive funds under this subsection shall submit 
an application to the Secretary at such time, and containing 
such information, as the Secretary shall reasonably require, 
except that such requirement shall be waived if a State edu-
cational agency submitted such information as part of its State 
plan under this part. Each State application shall describe 
how the State educational agency will allocate such funds in 
order to assist the State educational agency and local edu-
cational agencies in complying with school improvement, correc-
tive action, and restructuring requirements of section 1116. 
"(5) LOCAL EDUCATIONAL AGENCY GRANTS.—A grant to a 
local educational agency under this subsection shall be— 
"(A) of sufficient size and scope to support the activities 
required under sections 1116 and 1117, but not less than 
$50,000 and not more than $500,000 for each participating 
school; 
"(B) integrated with other funds awarded by the State 
under this Act; and 
"(C) renewable for two additional 1-year periods if 
schools are meeting the goals in their school improvement 
plans developed under section 1116. 
"(6) PRIORITY.—The State, in awarding such grants, shall 
give priority to local educational agencies with the lowest-
achieving schools that demonstrate— 
"(A) the greatest need for such funds; and 
"(B) the strongest commitment to ensuring that such 
funds are used to provide adequate resources to enable 
the lowest-achieving schools to meet the goals under school 
and local educational agency improvement, 
corrective 
action, and restructuring plans under section 1116. 
"(7) ALLOCATION.—^A State educational agency that receives 
a grant under this subsection shall allocate at least 95 percent 
of the grant funds directly to local educational agencies for 
schools identified for school improvement, corrective action, 
or restructuring to carry out activities under section 1116(b), 
or may, with the approval of the local educational agency, 
directly provide for these activities or arrange for their provision 
115 STAT. 1444 
PUBLIC LAW 107-110-^AN. 8, 2002 
through other entities such as school support teams or edu-
cational service agencies. 
"(8) ADMINISTRATIVE COSTS.—A State educational agency 
that receives a grant award under this subsection may reserve 
not more than 5 percent of such grant funds for administration, 
evaluation, and technical assistance expenses. 
"(9) LOCAL AWARDS.—Each local educational agency that 
applies for assistance under this subsection shall describe how 
it will provide the lowest-achieving schools the resources nec-
essary to meet goals under school and local educational agency 
improvement, corrective action, and restructuring plans under 
section 1116. 
20 use 6304. 
"SEC. 1004. STATE ADMINISTRATION. 
"(a) IN GENERAL.—Except as provided in subsection (b), to 
carry out administrative duties assigned under parts A, C, and 
D of this title, each State may reserve the greater o
f
— 
"(1) 1 percent of the amounts received under such parts; 
or 
"(2) $400,000 ($50,000 in the case of each outlying area). 
"(b) EXCEPTION.—If the sum of the amounts appropriated for 
parts A, C, and D of this title is equal to or greater than 
$14,000,000,000, then the reservation described in subsection (a)(1) 
shall not exceed 1 percent of the amount the State would receive, 
if $14,000,000,000 were allocated among the States for parts A, 
C, and D of this title. 
"PART A—IMPROVING BASIC PROGRAMS OP-
ERATED BY LOCAL EDUCATIONAL AGENCIES 
"Subpart 1—Basic Program Requirements 
20 use 6311. 
"SEC. 1111. STATE PLANS. 
"(a) PLANS REQUIRED.— 
"(1) IN GENERAL.—For any State desiring to receive a grant 
under this part, the State educational agency shall submit 
to the Secretary a plan, developed by the State educational 
agency, in consultation 
with local educational 
agencies, 
teachers, principals, pupil services personnel, administrators 
(including administrators of programs described in other parts 
of this title), other staff, and parents, that satisfies the require-
ments of this section and that is coordinated with other pro-
grams under this Act, the Individuals with Disabilities Edu-
cation Act, the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998, the Head Start Act, the Adult Education 
and Family Literacy Act, and the McKinney-Vento Homeless 
Assistance Act. 
"(2) CONSOLIDATED PLAN.—^A State plan submitted under 
paragraph (1) may be submitted as part of a consolidated 
plan under section 9302. 
"(b) 
ACADEMIC 
STANDARDS, ACADEMIC ASSESSMENTS, AND 
ACCOUNTABILITY.— 
"(1) CHALLENGING ACADEMIC STANDARDS.— 
"(A) IN GENERAL.—Each State plan shall demonstrate 
that the State has adopted challenging academic content 
standards and challenging student academic achievement 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1445 
standards that will be used by the State, its local edu-
cational agencies, and its schools to carry out this part, 
except that a State shall not be required to submit such 
standards to the Secretary. 
"(B) 
SAME 
STANDARDS.—The 
academic 
standards 
required by subparagraph (A) shall be the same academic 
standards that the State applies to all schools and children 
in the State. 
"(C) SUBJECTS.—The State shall have such academic 
standards for all public elementary school and secondary 
school children, including children served under this part, 
in subjects determined by the State, but including at least 
mathematics, reading or language arts, and (beginning in 
the 2005-2006 school year) science, which shall include 
the same knowledge, skills, and levels of achievement 
expected of all children. 
"(D) CHALLENGING ACADEMIC STANDARDS.—Standards 
under this paragraph shall include— 
"(i) challenging academic content standards in aca-
demic subjects that— 
"(I) specify what children are expected to know 
and be able to do; 
"(II) contain coherent and rigorous content; 
and 
"(III) encourage the teaching of advanced 
skills; and 
"(ii) challenging student academic achievement 
standards that— 
"(I) are aligned with the State's academic con-
tent standards; 
"(II) describe two levels of high achievement 
(proficient and advanced) that determine how well 
children are mastering the material in the State 
academic content standards; and 
"(III) describe a third level of achievement 
(basic) to provide complete information about the 
progress of the lower-achieving children toward 
mastering the proficient and advanced levels of 
achievement. 
"(E) INFORMATION.—For the subjects in which students 
will be served under this part, but for which a State is 
not required by subparagraphs (A), (B), and (C) to develop, 
and has not otherwise developed, such academic standards, 
the State plan shall describe a strategy for ensuring that 
students are taught the same knowledge and skills in 
such subjects and held to the same expectations as are 
all children. 
"(F) EXISTING STANDARDS.—Nothing in this part shall 
prohibit a State from revising, consistent with this section, 
any standard adopted under this part before or after the 
date of enactment of the No Child Left Behind Act of 
2001. 
"(2) ACCOUNTABILITY.— 
"(A) IN GENERAL.—Each State plan shall demonstrate 
that the State has developed and is implementing a single, 
statewide State accountability system that will be effective 
in ensuring that all local educational agencies, public 
115 STAT. 1446 
PUBLIC LAW 107-110-^AN. 8, 2002 
elementary schools, and public secondary schools make ade-
quate yearly progress as defined under this paragraph. 
Each State accountability system shall— 
"(i) be based on the academic standards and aca-
demic assessments adopted under paragraphs (1) and 
(3), and other academic indicators consistent with 
subparagraph (C)(vi) and (vii), and shall take into 
account the achievement of all public elementary school 
and secondary school students; 
"(ii) be the same accountability system the State 
uses for all public elementary schools and secondary 
schools or all local educational agencies in the State, 
except that public elementary schools, secondary 
schools, and local educational agencies not partici-
pating under this part are not subject to the require-
ments of section 1116; and 
"(iii) include sanctions and rewards, such as 
bonuses and recognition, the State will use to hold 
local educational agencies and public elementary 
schools and secondary schools accountable for student 
achievement and for ensuring that they make adequate 
yearly progress in accordance with the State's defini-
tion under subparagraphs (B) and (C). 
"(B) ADEQUATE YEARLY PROGRESS.—Each State plan 
shall 
demonstrate, 
based 
on 
academic 
assessments 
described in paragraph (3), and in accordance with this 
paragraph, what constitutes adequate yearly progress of 
the State, and of all public elementary schools, secondary 
schools, and local educational agencies in the State, toward 
enabling all public elementary school and secondary school 
students to meet the State's student academic achievement 
standards, while working toward the goal of narrowing 
the achievement gaps in the State, local educational agen-
cies, and schools. 
"(C) DEFINITION.—'Adequate yearly progress' shall be 
defined by the State in a manner that— 
"(i) applies the same high standards of academic 
achievement to all public elementary school and sec-
ondary school students in the State; 
"(ii) is statistically valid and reliable; 
"(iii) results in continuous and substantial aca-
demic improvement for all students; 
"(iv) measures the progress of public elementary 
schools, secondary schools and local educational agen-
cies and the State based primarily on the academic 
assessments described in paragraph (3); 
"(v) includes separate measurable annual objec-
tives for continuous and substantial improvement for 
each of the following: 
"(I) The achievement of all public elementary 
school and secondary school students. 
"(II) The achievement o
f
— 
"(aa) 
economically 
disadvantaged 
stu-
dents; 
"(bb) students from major racial and 
ethnic groups; 
"(cc) students with disabilities; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1447 
"(dd) students with limited English pro-
ficiency; 
except that disaggregation of data under subclause 
(II) shall not be required in a case in which the 
number of students in a category is insufficient 
to yield statistically reliable information or the 
results 
would 
reveal 
personally 
identifiable 
information about an individual student; 
"(vi) in accordance with subparagraph (D), includes 
graduation rates for public secondary school students 
(defined as the percentage of students who graduate 
from secondary school with a regular diploma in the 
standard number of years) and at least one other aca-
demic indicator, as determined by the State for all 
public elementary school students; and 
"(vii) in accordance with subparagraph (D), at the 
State's discretion, may also include other academic 
indicators, as determined by the State for all public 
school students, measured separately for each group 
described in clause (v), such as achievement on addi-
tional State or locally administered 
assessments, 
decreases in grade-to-grade retention rates, attendance 
rates, and changes in the percentages of students com-
pleting gifted and talented, advanced placement, and 
college preparatory courses. 
"(D) REQUIREMENTS FOR OTHER INDICATORS.—In car-
rying out subparagraph (C)(vi) and (vii), the State— 
"(i) shall ensure that the indicators described in 
those provisions are valid and reliable, and are con-
sistent with relevant, nationally recognized profes-
sional and technical standards, if any; and 
"(ii) except as provided in subparagraph (I)(i), may 
not use those indicators to reduce the number of, or 
change, the schools that would otherwise be subject 
to school improvement, corrective action, or restruc-
turing under section 1116 if those additional indicators 
were not used, but may use them to identify additional 
schools for school improvement or in need of corrective 
action or restructuring. 
"(E) STARTING POINT.—Each State, using data for the 
2001-2002 school year, shall establish the starting point 
for measuring, under subparagraphs (G) and (H), the 
percentage of students meeting or exceeding the State's 
proficient level of academic achievement on the State 
assessments under paragraph (3) and pursuant to the 
timeline described in subparagraph (F). The starting point 
shall be, at a minimum, based on the higher of the percent-
age of students at the proficient level who are in— 
"(i) the State's lowest achieving group of students 
described in subparagraph (C)(v)(II); or 
"(ii) the school at the 20th percentile in the State, 
based on enrollment, among all schools ranked by the 
percentage of students at the proficient level. 
"(F) TIMELINE.—Each State shall establish a timeline 
for adequate yearly progress. The timeline shall ensure 
that not later than 12 years after the end of the 2001-
2002 school year, all students in each group described 
115 STAT. 1448 
PUBLIC LAW 107-110-^AN. 8, 2002 
in subparagraph (C)(v) will meet or exceed the State's 
proficient level of academic achievement on the State 
assessments under paragraph (3). 
"(G) MEASURABLE OBJECTIVES.—Each State shall estab-
lish statewide annual measurable objectives, pursuant to 
subparagraph (C)(v), for meeting the requirements of this 
paragraph, and which— 
"(i) shall be set separately for the assessments 
of mathematics and reading or language arts under 
subsection (a)(3); 
"(ii) shall be the same for all schools and local 
educational agencies in the State; 
"(iii) shall identify a single minimum percentage 
of students who are required to meet or exceed the 
proficient level on the academic assessments that 
applies separately to each group of students described 
in subparagraph (C)(v); 
"(iv) shall ensure that all students will meet or 
exceed the State's proficient level of academic achieve-
ment on the State assessments within the State's 
timeline under subparagraph (F); and 
"(v) may be the same for more than 1 year, subject 
to the requirements of subparagraph (H). 
"(H) 
INTERMEDIATE 
GOALS 
FOR 
ANNUAL 
YEARLY 
PROGRESS.—Each State shall establish intermediate goals 
for meeting the requirements, including the measurable 
objectives in subparagraph (G),. of this paragraph and that 
shall— 
"(i) increase in equal increments over the period 
covered by the State's timeline under subparagraph 
(F); 
"(ii) provide for the first increase to occur in not 
more than 2 years; and 
"(iii) provide for each following increase to occur 
in not more than 3 years. 
"(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year, 
for a school to make adequate yearly progress under this 
paragraph— 
"(i) each group of students described in subpara-
graph (C)(v) must meet or exceed the objectives set 
by the State under subparagraph (G), except that if 
any group described in subparagraph (C)(v) does not 
meet those objectives in any particular year, the school 
shall be considered to have made adequate yearly 
progress if the percentage of students in that group 
who did not meet or exceed the proficient level of 
academic achievement on the State assessments under 
paragraph (3) for that year decreased by 10 percent 
of that percentage from the preceding school year and 
that group made progress on one or more of the aca-
demic indicators described in subparagraph (C)(vi) or 
(vii); and 
"(ii) not less than 95 percent of each group of 
students described in subparagraph (C)(v) who are 
enrolled in the school are required to take the assess-
ments, consistent with paragraph (3)(C)(xi) and with 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1449 
accommodations, guidelines, and alternative assess-
ments provided in the same manner as those provided 
under section 612(a)(17)(A) of the Individuals with 
Disabilities Education Act and paragraph (3), on which 
adequate yearly progress is based (except that the 
95 percent requirement described in this clause shall 
not apply in a case in which the number of students 
in a category is insufficient to yield statistically reliable 
information or the results would reveal personally 
identifiable information about an individual student). 
"(J) UNIFORM AVERAGING PROCEDURE.—For the purpose 
of determining whether schools are making adequate yearly 
progress, the State may establish a uniform procedure for 
averaging data which includes one or more of the following: 
"(i) The State may average data from the school 
year for which the determination is made with data 
from one or two school years immediately preceding 
that school year. 
"(ii) Until the assessments described in paragraph 
(3) are administered in such manner and time to allow 
for the implementation of the uniform procedure for 
averaging data described in clause (i), the State may 
use the academic assessments that were required 
under paragraph (3) as that paragraph was in effect 
on the day preceding the date of enactment of the 
No Child Left Behind Act of 2001, provided that 
nothing in this clause shall be construed to undermine 
or delay the determination of adequate yearly progress, 
the requirements of section 1116, or the implementa-
tion of assessments under this section. 
"(iii) The State may use data across grades in 
a school. 
"(K) 
ACCOUNTABILITY FOR CHARTER SCHOOLS.—^The 
accountability provisions under this Act shall be overseen 
for charter schools in accordance with State charter school 
law. 
"(3) ACADEMIC ASSESSMENTS.— 
"(A) IN GENERAL.—Each State plan shall demonstrate 
that the State educational agency, in consultation with 
local educational agencies, has implemented a set of high-
quality, yearly student academic assessments that include, 
at a minimum, academic assessments in mathematics, 
reading or language arts, and science that will be used 
as the primary means of determining the yearly perform-
ance of the State and of each local educational agency 
and school in the State in enabling all children to meet 
the State's challenging student academic achievement 
standards, except that no State shall be required to meet 
the requirements of this part relating to science assess-
ments until the beginning of the 2007-2008 school year. 
"(B) USE OF ASSESSMENTS.—Each State educational 
agency may incorporate the data from the assessments 
under this paragraph into a State-developed longitudinal 
data system that links student test scores, length of enroll-
ment, and graduation records over time. 
"(C) REQUIREMENTS.—Such assessments shall— 
115 STAT. 1450 
PUBLIC LAW 107-110-^AN. 8, 2002 
Deadline. 
"(i) be the same academic assessments used to 
measure the achievement of all children; 
"(ii) be aligned with the State's challenging aca-
demic content and student academic achievement 
standards, and provide coherent information about stu-
dent attainment of such standards; 
"(iii) be used for purposes for which such assess-
ments are valid and reliable, and be consistent with 
relevant, nationally recognized professional and tech-
nical standards; 
"(iv) be used only if the State educational agency 
provides to the Secretary evidence from the test pub-
lisher or other relevant sources that the assessments 
used are of adequate technical quality for each purpose 
required under this Act and are consistent with the 
requirements of this section, and such evidence is made 
public by the Secretary upon request; 
"(v)(I) except as otherwise provided for grades 3 
through 8 under clause vii, measure the proficiency 
of students in, at a minimum, mathematics and reading 
or language arts, and be administered not less than 
once during— 
"(aa) grades 3 through 5; 
"(bb) grades 6 through 9; and 
"(cc) grades 10 through 12; 
"(II) beginning not later than school year 2007-
2008, measure the proficiency of all students in science 
and be administered not less than one time during— 
"(aa) grades 3 through 5; 
"(bb) grades 6 through 9; and 
"(cc) grades 10 through 12; 
"(vi) involve multiple up-to-date measures of stu-
dent academic achievement, including measures that 
assess higher-order thinking skills and understanding; 
"(vii) beginning not later than school year 2005-
2006, measure the achievement of students against 
the challenging State academic content and student 
academic achievement standards in each of grades 3 
through 8 in, at a minimum, mathematics, and reading 
or language arts, except that the Secretary may provide 
the State 1 additional year if the State demonstrates 
that exceptional or uncontrollable circumstances, such 
as a natural disaster or a precipitous and unforeseen 
decline in the financial resources of the State, pre-
vented full implementation of the academic assess-
ments by that deadline and that the State will complete 
implementation within the additional 1-year period; 
"(viii) at the discretion of the State, measure the 
proficiency of students in academic subjects 
not 
described in clauses (v), (vi), (vii) in which the State 
has adopted challenging academic content and aca-
demic achievement standards; 
"(ix) provide for— 
"(I) the participation in such assessments of 
all students; 
"(II) the reasonable adaptations and accom-
modations for students with disabilities (as defined 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1451 
under section 602(3) of the Individuals with 
Disabilities Education Act) necessary to measure 
the academic achievement of such students relative 
to State academic content and State student aca-
demic achievement standards; and 
"(III) the inclusion of limited English proficient 
students, who shall be assessed in a valid and 
reliable manner and provided reasonable accom-
modations on assessments administered to such 
students under this paragraph, including, to the 
extent practicable, assessments in the language 
and form most likely to yield accurate data on 
what such students know and can do in academic 
content areas, until such students have achieved 
English language proficiency as determined under 
paragraph (7); 
"(x) notwithstanding subclause (III), the academic 
assessment (using tests written in English) of reading 
or language arts of any student who has attended 
school in the United States (not including Puerto Rico) 
for three or more consecutive school years, except that 
if the local educational agency determines, on a case-
by-case individual basis, that academic assessments 
in another language or form would likely yield more 
accurate and reliable information on what such student 
knows and can do, the local educational agency may 
make a determination to assess such student in the 
appropriate language other than English for a period 
that does not exceed two additional consecutive years, 
provided that such student has not yet reached a level 
of English language proficiency sufficient to yield valid 
and reliable information on what such student knows 
and can do on tests (written in English) of reading 
or language arts; 
"(xi) include students who have attended schools 
in a local educational agency for a full academic year 
but have not attended a single school for a full aca-
demic year, except that the performance of students 
who have attended more than 1 school in the local 
educational agency in any academic year shall be used 
only in determining the progress of the local edu-
cational agency; 
"(xii) produce individual 
student 
interpretive, 
descriptive, and diagnostic reports, consistent with 
clause (iii) that allow parents, teachers, and principals 
to understand and address the specific academic needs 
of students, and include information regarding achieve-
ment on academic assessments aligned with State aca-
demic achievement standards, and that are provided 
to parents, teachers, and principals, as soon as is prac-
ticably possible after the assessment is given, in an 
understandable and uniform format, and to the extent 
practicable, in a language that parents can understand; 
"(xiii) enable results to be disaggregated within 
each State, local educational agency, and school by 
gender, by each major racial and ethnic group, by 
115 STAT. 1452 
PUBLIC LAW 107-110—JAN. 8, 2002 
English proficiency status, by migrant status, by stu-
dents with disabihties as compared to nondisabled stu-
dents, and by economically disadvantaged students as 
compared to students who are not economically dis-
advantaged, except that, in the case of a local edu-
cational agency or a school, such disaggregation shall 
not be required in a case in which the number of 
students in a category is insufficient to yield statis-
tically reliable information or the results would reveal 
personally identifiable information about an individual 
student; 
"(xiv) be consistent with widely accepted profes-
sional testing standards, objectively measure academic 
achievement, knowledge, and skills, and be tests that 
do not evaluate or assess personal or family beliefs 
and attitudes, or publicly disclose personally identifi-
able information; and 
"(xv) enable itemized score analyses to be produced 
and reported, consistent with clause (iii), to local edu-
cational agencies and schools, so that parents, teachers, 
principals, and administrators 
can interpret 
and 
address the specific academic needs of students as 
indicated by the students' achievement on assessment 
items. 
"(D) DEFERRAL.—^A State may defer the commence-
ment, or suspend the administration, but not cease the 
development, of the assessments described in this para-
graph, that were not required prior to the date of enactment 
of the No Child Left Behind Act of 2001, for 1 year for 
each year for which the amount appropriated for grants 
under section 6113(a)(2) is less than— 
"(i) $370,000,000 for fiscal year 2002; 
"(ii) $380,000,000 for fiscal year 2003; 
"(iii) $390,000,000 for fiscal year 2004; and 
"(iv) $400,000,000 for fiscal years 2005 through 
2007. 
"(4) SPECIAL RULE.—^Academic assessment measures in 
addition to those in paragraph (3) that do not meet the require-
ments of such paragraph may be included in the assessment 
under paragraph (3) as additional measures, but may not be 
used in lieu of the academic assessments required under para-
graph (3). Such additional assessment measures may not be 
used to reduce the number of or change, the schools that 
would otherwise be subject to school improvement, corrective 
action, or restructuring under section 1116 if such additional 
indicators were not used, but may be used to identify additional 
schools for school improvement or in need of corrective action 
or restructuring except as provided in paragraph (2)(I)(i). 
"(5) STATE AUTHORITY.—If a State educational agency pro-
vides evidence, which is satisfactory to the Secretary, that 
neither the State educational agency nor any other State 
government official, agency, or entity has sufficient authority, 
under State law, to adopt curriculum content and student aca-
demic achievement standards, and academic 
assessments 
aligned with such academic standards, which will be applicable 
to all students enrolled in the State's public elementary schools 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1453 
and secondary schools, then the State educational agency may 
meet the requirements of this subsection by— 
"(A) adopting academic standards and academic assess-
ments that meet the requirements of this subsection, on 
a statewide basis, and limiting their applicability to stu-
dents served under this part; or 
"(B) adopting and implementing policies that ensure 
that each local educational agency in the State that receives 
grants under this part will adopt curriculum content and 
student academic achievement standards, and academic 
assessments aligned with such standards, which— 
"(i) meet all of the criteria in this subsection and 
any regulations regarding such standards and assess-
ments that the Secretary may publish; and 
"(ii) are applicable to all students served by each 
such local educational agency. 
"(6) LANGUAGE ASSESSMENTS.—Each State plan shall iden-
tify the languages other than English that are present in the 
participating student population and indicate the languages 
for which yearly student academic assessments are not avail-
able and are needed. The State shall make every effort to 
develop such assessments and may request assistance from 
the Secretary if linguistically accessible academic assessment 
measures are needed. Upon request, the Secretary shall assist 
with the identification of appropriate academic assessment 
measures in the needed languages, but shall not mandate a 
specific academic assessment or mode of instruction. 
"(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PRO-
FICIENCY.—Each State plan shall demonstrate that local edu- Deadline, 
cational agencies in the State will, beginning not later than 
school year 2002-2003, provide for an annual assessment of 
English 
proficiency 
(measuring 
students' 
oral 
language, 
reading, and writing skills in English) of all students with 
limited English proficiency in the schools served by the State 
educational agency, except that the Secretary may provide the 
State 1 additional year if the State demonstrates that excep-
tional or uncontrollable circumstances, such as a natural dis-
aster or a precipitous and unforeseen decline in the financial 
resources of the State, prevented full implementation of this 
paragraph by that deadline and that the State will complete 
implementation within the additional 1-year period. 
"(8) REQUIREMENT.—Each State plan shall describe— 
"(A) how the State educational agency will assist each 
local educational agency and school affected by the State 
plan to develop the capacity to comply with each of the 
requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) 
that is applicable to such agency or school; 
"(B) how the State educational agency will assist each 
local educational agency and school affected by the State 
plan to provide additional educational assistance to indi-
vidual students assessed as needing help to achieve the 
State's challenging academic achievement standards; 
"(C) the specific steps the State educational agency 
will take to ensure that both schoolwide programs and 
targeted assistance schools provide instruction by highly 
qualified 
instructional 
staff 
as required by 
sections 
1114(b)(1)(C) and 1115(c)(1)(E), including steps that the 
115 STAT. 1454 
PUBLIC LAW 107-llO^JAN. 8, 2002 
Deadline. 
Deadline. 
State educational agency will take to ensure that poor 
and minority children are not taught at higher rates than 
other children by inexperienced, unqualified, or out-of-field 
teachers, and the measures that the State educational 
agency will use to evaluate and publicly report the progress 
of the State educational agency with respect to such steps; 
"(D) an assurance that the State educational agency 
will assist local educational agencies in developing or 
identifying high-quality effective curricula aligned with 
State academic achievement standards and how the State 
educational agency will disseminate such curricula to each 
local educational agency and school within the State; and 
"(E) such other factors the State educational agency 
determines appropriate to provide students an opportunity 
to achieve the knowledge and skills described in the chal-
lenging academic content standards adopted by the State. 
"(9) 
FACTORS AFFECTING STUDENT ACHIEVEMENT.—Each 
State plan shall include an assurance that the State educational 
agency will coordinate and collaborate, to the extent feasible 
and necessary as determined by the State educational agency, 
with agencies providing services to children, youth, and fami-
lies, with respect to local educational agencies within the State 
that are identified under section 1116 and that request assist-
ance with addressing major factors that have significantly 
affected the academic achievement of students in the local 
educational agency or schools served by such agency. 
"(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE 
STUDENT ACADEMIC ACHIEVEMENT.—Each State plan shall 
describe how the State educational agency will ensure that 
the results of the State assessments described in paragraph 
(3)— 
"(A) will be promptly provided to local educational 
agencies, schools, and teachers in a manner that is clear 
and easy to understand, but not later than before the 
beginning of the next school year; and 
"(B) be used by those local educational agencies, 
schools, and teachers to improve the educational achieve-
ment of individual students. 
"(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.— 
Each State plan shall contain assurances that— 
"(1) the State educational agency will meet the require-
ments of subsection (h)(1) and, beginning with the 2002-2003 
school year, will produce the annual State report cards 
described in such subsection, except that the Secretary may 
provide the State educational agency 1 additional year if the 
State educational agency demonstrates that exceptional or 
uncontrollable circumstances, such as a natural disaster or 
a precipitous and unforeseen decline in the financial resources 
of the State, prevented full implementation of this paragraph 
by that deadline and that the State will complete implementa-
tion within the additional 1-year period; 
"(2) the State will, beginning in school year 2002-2003, 
participate in biennial State academic assessments of 4th and 
8th grade reading and mathematics under the National Assess-
ment of Educational Progress carried out under section 
411(b)(2) of the National Education Statistics Act of 1994 if 
the Secretary pays the costs of administering such assessments; 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1455 
"(3) the State educational agency, in consultation with the 
Governor, will include, as a component of the State plan, a 
plan to carry out the responsibilities of the State under sections 
1116 and 1117, including carrying out the State educational 
agency's statewide system of technical assistance and support 
for local educational agencies; 
"(4) the State educational agency will work with other 
agencies, including educational service agencies or other local 
consortia, and institutions to provide technical assistance to 
local educational agencies and schools, including technical 
assistance in providing professional development under section 
1119, technical assistance under section 1117, and technical 
assistance relating to parental involvement under section 1118; 
"(5)(A) where educational service agencies exist, the State 
educational agency will consider providing professional develop-
ment and technical assistance through such agencies; and 
"(B) where educational service agencies do not exist, the 
State educational agency will consider providing professional 
development and technical assistance through other cooperative 
agreements such as through a consortium of local educational 
agencies; 
"(6) the State educational agency will notify local edu- Notification. 
cational agencies and the public of the content and student 
academic achievement standards and academic assessments 
developed under this section, and of the authority to operate 
schoolwide programs, and will fulfill the State educational 
agency's responsibilities regarding local educational agency 
improvement and school improvement under section 1116, 
including such corrective actions as are necessary; 
"(7) the State educational agency will provide the least 
restrictive and burdensome regulations for 4€>cal educational 
agencies and individual schools participating in a program 
assisted under this part; 
"(8) the State educational agency will inform the Secretary 
and the public of how Federal laws, if at all, hinder the ability 
of States to hold local educational agencies and schools account-
able for student academic achievement; 
"(9) the State educational agency will encourage schools 
to consolidate funds from other Federal, State, and local sources 
for schoolwide reform in schoolwide programs under section 
1114; 
"(10) the State educational agency will modify or eliminate 
State fiscal and accounting barriers so that schools can easily 
consolidate funds from other Federal, State, and local sources 
for schoolwide programs under section 1114; 
"(11) the State educational agency has involved the com-
mittee of practitioners established under section 1903(b) in 
developing the plan and monitoring its implementation; 
"(12) the State educational agency will inform local edu-
cational agencies in the State of the local educational agency's 
authority to transfer funds under title VI, to obtain waivers 
under part D of title IX, and, if the State is an Ed-Flex Partner-
ship State, to obtain waivers under the Education Flexibility 
Partnership Act of 1999; 
"(13) the State educational agency will coordinate activities 
funded under this part with other Federal activities as appro-
priate; and 
115 STAT. 1456 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(14) the State educational agency will encourage local 
educational agencies and individual schools participating in 
a program assisted under this part to offer family literacy 
services (using funds under this part), if the agency or school 
determines that a substantial number of students served under 
this part by the agency or school have parents who do not 
have a secondary school diploma or its recognized equivalent 
or who have low levels of literacy. 
"(d) PARENTAL INVOLVEMENT.—Each State plan shall describe 
how the State educational agency will support the collection and 
dissemination to local educational agencies and schools of effective 
parental involvement practices. Such practices shall— 
"(1) be based on the most current research that meets 
the highest professional and technical standards, on effective 
parental involvement that fosters achievement to high stand-
ards for all children; and 
"(2) be geared toward lowering barriers to greater participa-
tion by parents in school planning, review, and improvement 
experienced. 
"(e) PEER REVIEW AND SECRETARL^LL APPROVAL.— 
"(1) SECRETARL^L DUTIES.—The Secretary shall— 
Establishment. 
"(A) establish a peer-review process to assist in the 
review of State plans; 
"(B) appoint individuals to the peer-review process who 
are representative of parents, teachers. State educational 
agencies, and local educational agencies, and who are 
familiar with educational standards, assessments, account-
ability, the needs of low-performing schools, and other edu-
cational needs of students; 
Deadline. 
"(C) approve a State plan within 120 days of its submis-
sion unless the Secretary determines that the plan does 
not meet the requirements of this section; 
"(D) if the Secretary determines that the State plan 
does not meet the requirements of subsection (a), (b), or 
(c), immediately notify the State of such determination 
and the reasons for such determination; 
"(E) not decline to approve a State's plan before— 
"(i) offering the State an opportunity to revise 
its plan; 
"(ii) providing technical assistance in order to 
assist the State to meet the requirements of sub-
sections (a), (b), and (c); and 
"(iii) providing a hearing; and 
"(F) have the authority to disapprove a State plan 
for not meeting the requirements of this part, but shall 
not have the authority to require a State, as a condition 
of approval of the State plan, to include in, or delete 
from, such plan one or more specific elements of the State's 
academic content standards or to use specific academic 
assessment instruments or items. 
"(2) STATE REVISIONS.—^A State plan shall be revised by 
the State educational agency if it is necessary to satisfy the 
requirements of this section. 
"(f) DURATION OF THE PLAN.— 
"(1) IN GENERAL.—Each State plan shall— 
"(A) remain in effect for the duration of the State'^s 
participation imder this part; and 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1457 
"(B) be periodically reviewed and revised as necessary 
by the State educational agency to reflect changes in the 
State's strategies and programs under this part. 
"(2) ADDITIONAL INFORMATION.—If significant changes are 
made to a State's plan, such as the adoption of new State 
academic content standards and State student achievement 
standards, new academic assessments, or a new definition of 
adequate yearly progress, such information shall be submitted 
to the Secretary. 
"(g) PENALTIES.— 
"(1) FAILURE TO MEET DEADLINES ENACTED IN 1994.— 
"(A) IN GENERAL.—If a State fails to meet the deadlines 
established by the Improving America's Schools Act of 1994 
(or under any waiver granted by the Secretary or under 
any compliance agreement with the Secretary) for dem-
onstrating that the State has in place challenging academic 
content standards and student achievement standards, and 
a system for measuring and monitoring adequate yearly 
progress, the Secretary shall withhold 25 percent of the 
funds that would otherwise be available to the State for 
State administration and activities under this part in each 
year until the Secretary determines that the State meets 
those requirements. 
"(B) NO EXTENSION.—Notwithstanding any other provi-
sion of law, 90 days after the date of enactment of the 
No Child Left Behind Act of 2001 the Secretary shall 
not grant any additional waivers of, or enter into any 
additional compliance agreements to extend, the deadlines 
described in subparagraph (A) for any State. 
"(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001.— 
If a State fails to meet any of the requirements of this section, 
other than the requirements described in paragraph (1), then 
the Secretary may withhold funds for State administration 
under this part until the Secretary determines that the State 
has fulfilled those requirements. 
"(h) REPORTS.— 
"(1) ANNUAL STATE REPORT CARD.— 
"(A) IN GENERAL.—Not later than the beginning of Deadline, 
the 2002-2003 school year, unless the State has received 
a 1-year extension pursuant to subsection (c)(1), a State 
that receives assistance under this part shall prepare and 
disseminate an annual State report card. 
"(B) IMPLEMENTATION.—The State report card shall 
be— 
"(i) concise; and 
"(ii) presented in an understandable and uniform 
format and, to the extent practicable, provided in a 
language that the parents can understand. 
"(C) REQUIRED INFORMATION.—The State shall include 
in its annual State report card— 
"(i) information, in the aggregate, on student 
achievement at each proficiency level on the State aca-
demic assessments 
described in subsection (b)(3) 
(disaggregated by race, ethnicity, gender, disability 
status, migrant status, English proficiency, and status 
as economically disadvantaged, 
except that 
such 
disaggregation shall not be required in a case in which 
115 STAT. 1458 
PUBLIC LAW 107-110-^AN. 8, 2002 
the number of students in a category is insufficient 
to yield statistically reliable information or the results 
would reveal personally identifiable information about 
an individual student); 
"(ii) information 
that 
provides a 
comparison 
between the actual achievement levels of each group 
of students described in subsection (b)(2)(C)(v) and the 
State's annual measurable objectives for each such 
group of students on each of the academic assessments 
required under this part; 
"(iii) the 
percentage 
of students 
not 
tested 
(disaggregated by the same categories and subject to 
the same exception described in clause (i)); 
"(iv) the most recent 2-year trend in student 
achievement in each subject area, and for each grade 
level, for which assessments under this section are 
required; 
"(v) aggregate information on any other indicators 
used by the State to determine the adequate yearly 
progress of students in achieving State academic 
achievement standards; 
"(vi) graduation rates for secondary school students 
consistent with subsection (b)(2)(C)(vi); 
"(vii) information on the performance of local edu-
cational agencies in the State regarding making ade-
quate yearly progress, including the number and 
names of each school identified for school improvement 
under section 1116; and 
"(viii) the professional qualifications of teachers 
in the State, the percentage of such teachers teaching 
with emergency or provisional credentials, and the 
percentage of classes in the State not taught by highly 
qualified teachers, in the aggregate and disaggregated 
by high-poverty compared to low-poverty schools which, 
for the purpose of this clause, means schools in the 
top quartile of poverty and the bottom quartile of pov-
erty in the State. 
"(D) OPTIONAL INFORMATION.—The State may include 
in its annual State report card such other information 
as the State believes will best provide parents, students, 
and other members of the public with 
information 
regarding the progress of each of the State's public 
elementary schools and public secondary schools. Such 
information may include information regarding— 
"(i) school attendance rates; 
"(ii) average class size in each grade; 
"(iii) academic achievement and gains in English 
proficiency of limited English proficient students; 
"(iv) the incidence of school violence, drug abuse, 
alcohol abuse, student suspensions, and student expul-
sions; 
"(v) the extent and type of parental involvement 
in the schools; 
"(vi) 
the 
percentage 
of students 
completing 
advanced placement courses, and the rate of passing 
of advanced placement tests; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1459 
"(vii) a clear and concise description of the State's 
accountability system, including a description of the 
criteria by which the State evaluates school perform-
ance, and the criteria that the State has established, 
consistent with subsection (b)(2), to determine the 
status of schools regarding school improvement, correc-
tive action, and restructuring. 
"(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— 
"(A) REPORT CARDS.— 
"(i) IN GENERAL.—Not later than the beginning Deadline. 
of the 2002-2003 school year, a local educational 
agency that receives assistance under this part shall 
prepare and disseminate an annual local educational 
agency report card, except that the State educational 
agency may provide the local educational agency 1 
additional year if the local educational agency dem-
onstrates 
that 
exceptional 
or uncontrollable 
cir-
cumstances, such as a natural disaster or a precipitous 
and unforeseen decline in the financial resources of 
the 
local 
educational 
agency, 
prevented 
full 
implementation of this paragraph by that deadline and 
that the 
local educational agency will complete 
implementation within the additional 1-year period. 
"(ii) SPECLVL RULE.—If a State educational agency 
has received an extension pursuant to subsection (c)(1), 
then a local educational agency within that State shall 
not be required to include the information required 
under paragraph (1)(C) in such report card during 
such extension. 
"(B) MINIMUM REQUIREMENTS.—The State educational 
agency shall ensure that each local educational agency 
collects appropriate data and includes in the local edu-
cational agency's annual report the information described 
in paragraph (1)(C) as applied to the local educational 
agency and each school served by the local educational 
agency, and— 
"(i) in the case of a local educational agency— 
"(I) the number and percentage of schools 
identified for school improvement under section 
1116(c) and how long the schools have been so 
identified; and 
"(II) information that shows how students 
served by the local educational agency achieved 
on the statewide academic assessment compared 
to students in the State as a whole; and 
"(ii) in the case of a school— 
"(I) whether the school has been identified 
for school improvement; and 
"(II) information that shows how the school's 
students achievement on the statewide academic 
assessments and other indicators of adequate 
yearly progress compared to students in the local 
educational agency and the State as a whole. 
"(C) OTHER INFORMATION.—^A local educational agency 
may include in its annual local educational agency report 
card any other appropriate information, whether or not 
115 STAT. 1460 
PUBLIC LAW 107-110-^AN. 8, 2002 
Deadline. 
Deadlines. 
such information is included in the annual State report 
card. 
"(D) DATA.—^A local educational agency or school shall 
only include in its annual local educational agency report 
card data that are sufficient to yield statistically reliable 
information, as determined by the State, and that do not 
reveal personally identifiable information about an indi-
vidual student. 
"(E) PUBLIC DISSEMINATION.—The local educational 
agency shall, not later than the beginning of the 2002-
2003 school year, unless the local educational agency has 
received a 1-year extension pursuant to subparagraph (A), 
publicly disseminate the information described in this para-
graph to all schools in the school district served by the 
local educational agency and to all parents of students 
attending those schools in an understandable and uniform 
format and, to the extent practicable, provided in a lan-
guage that the parents can understand, and make the 
information widely available through public means, such 
as posting on the Internet, distribution to the media, and 
distribution through public agencies, except that if a local 
educational agency issues a report card for all students, 
the local educational agency may include the information 
under this section as part of such report. 
"(3) PREEXISTING REPORT CARDS.—^A State educational 
agency or local educational agency that was providing public 
report cards on the performance of students, schools, local 
educational agencies, or the State prior to the enactment of 
the No Child Left Behind Act of 2001 may use those report 
cards for the purpose of this subsection, so long as any such 
report card is modified, as may be needed, to contain the 
information required by this subsection. 
"(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each State 
educational agency receiving assistance under this part shall 
report annually to the Secretary, and make widely available 
within the State— 
"(A) beginning with school year 2002-2003, information 
on the State's progress in developing and implementing 
the academic assessments described in subsection (b)(3); 
"(B) beginning not later than school year 2002-2003, 
information on the achievement of students on the aca-
demic assessments required by subsection (b)(3), including 
the disaggregated results for the categories of students 
identified in subsection (b)(2)(C)(v); 
"(C) in any year before the State begins to provide 
the information described in subparagraph (B), information 
on the results of student academic assessments (including 
disaggregated results) required under this section; 
"(D) beginning not later than school year 2002-2003, 
unless the State has received an extension pursuant to 
subsection (c)(1), information on the acquisition of English 
proficiency by children with limited English proficiency; 
"(E) the number and names of each school identified 
for school improvement under section 1116(c), the reas'^r 
why each school was so identified, and the measures taker 
to address the achievement problems of such schools; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1461 
"(F) the number of students and schools that partici-
pated in pubUc school choice and supplemental service 
programs and activities under this title; and 
"(G) beginning not later than the 2002-2003 school 
year, information on the quality of teachers and the 
percentage of classes being taught by highly qualified 
teachers in the State, local educational agency, and school. 
"(5) REPORT TO CONGRESS.—The Secretary shall transmit 
annually to the Committee on Education and the Workforce 
of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report that 
provides national and State-level data on the information col-
lected under paragraph (4). 
"(6) PARENTS RIGHT-TO-KNOW.— 
"(A) QUALIFICATIONS.—^At the beginning of each school Notification. 
year, a local educational agency that receives funds under 
this part shall notify the parents of each student attending 
any school receiving funds under this part that the parents 
may request, and the agency will provide the parents on 
request (and in a timely manner), information regarding 
the professional qualifications of the student's classroom 
teachers, including, at a minimum, the following: 
"(i) Whether the teacher has met State qualifica-
tion and licensing criteria for the grade levels and 
subject areas in which the teacher provides instruction. 
"(ii) Whether the teacher is teaching under emer-
gency or other provisional status through which State 
qualification or licensing criteria have been waived. 
"(iii) The baccalaureate degree major of the teacher 
and any other graduate certification or degree held 
by the teacher, and the field of discipline of the certifi-
cation or degree. 
"(iv) Whether the child is provided services by 
paraprofessionals and, if so, their qualifications. 
"(B) 
ADDITIONAL INFORMATION.—In addition to 
the 
information that parents may request under subparagraph 
(A), a school that receives funds under this part shall 
provide to each individual parent— 
"(i) information on the level of achievement of the 
parent's child in each of the State academic assess-
ments as required under this part; and 
"(ii) timely notice that the parent's child has been 
assigned, or has been taught for four or more consecu-
tive weeks by, a teacher who is not highly qualified. 
"(C) FORMAT.—The notice and information provided 
to parents under this paragraph shall be in an understand-
able and uniform format and, to the extent practicable, 
provided in a language that the parents can understand. 
"(i) PRIVACY.—Information collected under this section shall 
be collected and disseminated in a manner that protects the privacy 
of individuals. 
"(j) TECHNICAL ASSISTANCE.—The Secretary shall provide a 
State educational agency, at the State educational agency's request, 
technical assistance in meeting the requirements of this section, 
including the provision of advice by experts in the development 
115 STAT. 1462 
PUBLIC LAW 107-110-JAN. 8, 2002 
of high-quality academic assessments, the setting of State stand-
ards, the development of measures of adequate yearly progress 
that are valid and reliable, and other relevant areas. 
"(k) VOLUNTARY PARTNERSHIPS.—^A State may enter into a vol-
untary partnership with another State to develop and implement 
the academic assessments and standards required under this sec-
tion. 
"(1) CONSTRUCTION.—Nothing in this part shall be construed 
to prescribe the use of the academic assessments described in 
this part for student promotion or graduation purposes. 
AppHcabiUty. 
"(m) 
SPECIAL 
RULE 
WiTH 
RESPECT 
TO 
BUREAU-FUNDED 
SCHOOLS.—In determining the assessments to be used by each 
operated or funded by BIA school receiving funds under this part, 
the following shall apply: 
"(1) Each such school that is accredited by the State in 
which it is operating shall use the assessments the State has 
developed and implemented to meet the requirements of this 
section, or such other appropriate assessment as approved by 
the Secretary of the Interior. 
"(2) Each such school that is accredited by a regional 
accrediting organization shall adopt an appropriate assessment, 
in consultation with and with the approval of, the Secretary 
of the Interior and consistent with assessments adopted by 
other schools in the same State or region, that meets the 
requirements of this section. 
"(3) Each such school that is accredited by a tribal accred-
iting agency or tribal division of education shall use an assess-
ment developed by such agency or division, except that the 
Secretary of the Interior shall ensure that such assessment 
meets the requirements of this section. 
20 use 6312. 
"SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
"(a) PLANS REQUIRED.— 
"(1) SuBGRANTS.—^A local educational agency may receive 
a subgrant under this part for any fiscal year only if such 
agency has on file with the State educational agency a plan, 
approved by the State educational agency, that is coordinated 
with other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Vocational and 
Technical Education Act of 1998, the McKinney-Vento Homeless 
Assistance Act, and other Acts, as appropriate. 
"(2) CONSOLIDATED APPLICATION.—The plan may be sub-
mitted as part of a consolidated application under section 9305. 
"(b) PLAN PROVISIONS.— 
"(1) IN GENERAL.—In order to help low-achieving children 
meet challenging achievement academic standards, each local 
educational agency plan shall include— 
"(A) a description of high-quality student academic 
assessments, if any, that are in addition to the academic 
assessments described in the State plan under section 
1111(b)(3), that the local educational agency and schools 
served under this part will use— 
"(i) to determine the success of children served 
under this part in meeting the State student academic 
achievement standards, and to provide information to 
teachers, parents, and students on the progress being 
made toward meeting the State student academic 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1463 
achievement 
standards 
described 
in 
section 
lllKbXlXDXii); 
"(ii) to assist in diagnosis, teaching, and learning 
in the classroom in ways that best enable low-achieving 
children served under this part to meet State student 
achievement academic standards and do well in the 
local curriculum; 
"(iii) to determine what revisions are needed to 
projects under this part so that such children meet 
the State student academic achievement standards; 
and 
"(iv) to identify effectively students who may be 
at risk for reading failure or who are having difficulty 
reading, through the use of screening, diagnostic, and 
classroom-based instructional reading assessments, as 
defined under section 1208; 
"(B) at the local educational agency's discretion, a 
description of any other indicators that will be used in 
addition to the academic indicators described in section 
1111 for the uses described in such section; 
"(C) a description of how the local educational agency 
will provide additional educational assistance to individual 
students assessed as needing help in meeting the State's 
challenging student academic achievement standards; 
"(D) a description of the strategy the local educational 
agency will use to coordinate programs under this part 
with programs under title II to provide professional 
development for teachers and principals, and, if appro-
priate, pupil services personnel, administrators, parents 
and other staff, including local educational agency level 
staff in accordance with sections 1118 and 1119; 
"(E) a description of how the local educational agency 
will coordinate and integrate services provided under this 
part with other educational services at the local educational 
agency or individual school level, such as— 
"(i) Even Start, Head Start, Reading First, Early 
Reading First, and other preschool programs, including 
plans for the transition of participants in such pro-
grams to local elementary school programs; and 
"(ii) services for children with limited English pro-
ficiency, children with disabilities, migratory children, 
neglected or delinquent youth, Indian children served 
under part A of title VII, homeless children, and 
immigrant children in order to increase program 
effectiveness, eliminate duplication, and reduce frag-
mentation of the instructional program; 
"(F) an assurance that the local educational agency 
will participate, if selected, in the State National Assess-
ment of Educational Progress in 4th and 8th grade reading 
and mathematics carried out under section 411(b)(2) of 
the National Education Statistics Act of 1994; 
"(G) a description of the poverty criteria that will be 
used to select school attendance areas under section 1113; 
"(H) a description of how teachers, in consultation with 
parents, administrators, and pupil services personnel, in 
targeted assistance schools under section 1115, will identify 
115 STAT. 1464 
PUBLIC LAW 107-110-^AN. 8, 2002 
the eligible children most in need of services under this 
part; 
"(I) a general description of the nature of the programs 
to be conducted by such agency's schools under sections 
1114 and 1115 and, where appropriate, educational services 
outside such schools for children living in local institutions 
for neglected or delinquent children, and for neglected and 
delinquent children in community day school programs; 
"(J) a description of how the local educational agency 
will ensure that migratory children and formerly migratory 
children who are eligible to receive services under this 
part are selected to receive such services on the same 
basis as other children who are selected to receive services 
under this part; 
"(K) if appropriate, a description of how the local edu-
cational agency will use funds under this part to support 
preschool programs for children, particularly children 
participating in Early Reading First, or in a Head Start 
or Even Start program, which services may be provided 
directly by the local educational agency or through a sub-
contract with the local Head Start agency designated by 
the Secretary of Health and Human Services under section 
641 of the Head Start Act, or an agency operating an 
Even Start program, an Early Reading First program, or 
another comparable public early childhood development 
program; 
"(L) a description of the actions the local educational 
agency will take to assist its low-achieving schools identi-
fied under section 1116 as in need of improvement; 
"(M) a description of the actions the local educational 
agency will take to implement public school choice and 
supplemental services, consistent with the requirements 
of section 1116; 
"(N) a description of how the local educational agency 
will meet the requirements of section 1119; 
"(O) a description of the services the local educational 
agency will provide homeless children, including services 
provided with fiinds reserved under section 1113(c)(3)(A); 
"(P) a description of the strategy the local educational 
agency will use to implement effective parental involvement 
under section 1118; and 
"(Q) where appropriate, a description of how the local 
educational agency will use funds under this part to sup-
port after school (including before school and summer 
school) and school-year extension programs. 
"(2) EXCEPTION.—^The academic assessments and indicators 
described in subparagraphs (A) and (B) of paragraph (1) shall 
not be used— 
"(A) in lieu of the academic assessments required under 
section 1111(b)(3) and other State academic indicators 
under section llll(bX2); or 
"(B) to reduce the number of, or change which, schools 
would otherwise be subject to school improvement, correc-
tive action, or restructuring under section 1116, if such 
additional assessments or indicators described in such sub-
paragraphs were not used, but such assessments and 
indicators may be used to identify additional schools for 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1465 
school improvement or in need of corrective action or 
restructuring. 
"(c) ASSURANCES.— 
"(1) IN GENERAL.—Each local educational agency plan shall 
provide assurances that the local educational agency will— 
"(A) inform eligible schools and parents of schoolwide 
program authority and the ability of such schools to consoli-
date funds from Federal, State, and local sources; 
"(B) provide technical assistance and support to 
schoolwide programs; 
"(C) work in consultation with schools as the schools 
develop the schools' plans pursuant to section 1114 and 
assist schools as the schools implement such plans, or 
undertake activities pursuant to section 1115 so that each 
school can make adequate yearly progress toward meeting 
the State student academic achievement standards; 
"(D) fulfill such agency's school improvement respon-
sibilities under section 1116, including taking actions under 
paragraphs (7) and (8) of section 1116(b); 
"(E) provide services to eligible children attending pri-
vate elementary schools and secondary schools in accord-
ance with section 1120, and timely and meaningful con-
sultation with private school officials regarding such serv-
ices; 
"(F) take into account the experience of model programs 
for the educationally disadvantaged, and the findings of 
relevant scientifically based research indicating that serv-
ices may be most effective if focused on students in the 
earliest grades at schools that receive funds under this 
part; 
"(G) in the case of a local educational agency that 
chooses to use funds under this part to provide early child-
hood development services to low-income children below 
the age of compulsory school attendance, ensure that such 
services comply with the performance standards estab-
lished under section 641A(a) of the Head Start Act; 
"(H) work in consultation with schools as the schools 
develop and implement their plans or activities under sec-
tions 1118 and 1119; 
"(I) comply with the requirements of section 1119 
regarding the qualifications of teachers and paraprofes-
sionals and professional development; 
"(J) inform eligible schools of the local educational 
agency's authority to obtain waivers on the school's behalf 
under title IX and, if the State is an Ed-Flex Partnership 
State, to obtain waivers under the Education Flexibility 
Partnership Act of 1999; 
"(K) coordinate and collaborate, to the extent feasible 
and necessary as determined by the local educational 
agency, with the State educational agency and other agen-
cies providing services to children, youth, and families with 
respect to a school in school improvement, corrective action, 
or restructuring under section 1116 if such a school 
requests assistance from the local educational agency in 
addressing major factors that have significantly affected 
student achievement at the school; 
89-194 O - 03 -16 QL 3 Part 2 
115 STAT. 1466 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(L) ensure, through incentives for voluntary transfers, 
the provision of professional development, recruitment pro-
grams, or other effective strategies, that low-income stu-
dents and minority students are not taught at higher rates 
than other students by unqualified, out-of-field, or inexperi-
enced teachers; 
"(M) use the results of the student academic assess-
ments required under section 1111(b)(3), and other meas-
ures or indicators available to the agency, to review 
annually the progress of each school served by the agency 
and receiving funds under this part to determine whether 
all of the schools are making the progress necessary to 
ensure that all students will meet the State's proficient 
level of achievement on the State academic assessments 
described in section 1111(b)(3) within 12 years from the 
end of the 2001-2002 school year; 
"(N) ensure that the results from the academic assess-
ments required under section 1111(b)(3) will be provided 
to parents and teachers as soon as is practicably possible 
after the test is taken, in an understandable and uniform 
format and, to the extent practicable, provided in a lan-
guage that the parents can understand; and 
"(O) assist each school served by the agency and 
assisted under this part in developing or identifying exam-
ples of high-quality, effective curricula consistent with sec-
tion 1111(b)(8)(D). 
"(2) SPECIAL RULE.—In carrying out subparagraph (G) of 
paragraph (1), the Secretary— 
Procedures. 
"(A) shall consult with the Secretary of Health and 
Human Services and shall establish procedures (taking 
into consideration existing State and local laws, and local 
teacher contracts) to assist local educational agencies to 
comply with such subparagraph; and 
"(B) shall disseminate to local educational agencies 
the Head Start performance standards as in effect under 
section 641A(a) of the Head Start Act, and such agencies 
affected 
by 
such 
subparagraph 
shall 
plan 
for 
the 
implementation of such subparagraph (taking into consider-
ation existing State and local laws, and local teacher con-
tracts), including pursuing the availability of other Federal, 
State, and local funding sources to assist in compliance 
with such subparagraph. 
"(3) INAPPLICABILITY.—Paragraph (1)(G) of this subsection 
shall not apply to preschool programs using the Even Start 
model or to Even Start programs that are expanded through 
the use of funds under this part. 
"(d) PLAN DEVELOPMENT AND DURATION.— 
"(1) CONSULTATION.—Each local educational agency plan 
shall be developed in consultation with teachers, principals, 
administrators (including administrators of programs described 
in other parts of this title), and other appropriate school per-
sonnel, and with parents of children in schools served under 
this part. 
"(2) DURATION.—Each such plan shall be submitted for 
the first year for which this part is in effect following the 
date of enactment of the No Child Left Behind Act of 2001 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1467 
and shall remain in effect for the duration of the agency's 
participation under this part. 
"(3) REVIEW.—Each local educational agency shall periodi-
cally review and, as necessary, revise its plan. 
"(e) STATE APPROVAL.— 
"(1) IN GENERAL.—Each local educational agency plan shall 
be filed accoi*ding to a schedule established by the State edu-
cational agency. 
"(2) APPROVAL.—The 
State 
educational 
agency 
shall 
approve a local educational agency's plan only if the State 
educational agency determines that the local educational 
agency's plan— 
"(A) enables schools served under this part to substan-
tially help children served under this part meet the aca-
demic standards expected of all children described in sec-
tion 1111(b)(1); and 
"(B) meets the requirements of this section. 
"(3) REVIEW.—The State educational agency shall review 
the local educational agency's plan to determine if such agencies 
activities are in accordance with sections 1118 and 1119. 
"(f) PROGRAM RESPONSIBILITY.—The local educational agency 
plan shall reflect the shared responsibility of schools, teachers, 
and the local educational agency in making decisions regarding 
activities under sections 1114 and 1115. 
"(g) PARENTAL NOTIFICATION.— 
"(1) IN GENERAL.— 
"(A) NOTICE.—Each local educational agency using Deadline, 
funds under this part to provide a language instruction 
educational program as determined in part C of title III 
shall, not later than 30 days after the beginning of the 
school year, inform a parent or parents of a limited English 
proficient child identified for participation or participating 
in, such a program of— 
"(i) the reasons for the identification of their child 
as limited English proficient and in need of placement 
in a language instruction educational program; 
"(ii) the child's level of English proficiency, how 
such level was assessed, and the status of the child's 
academic achievement; 
"(iii) the methods of instruction used in the pro-
gram in which their child is, or will be participating, 
and the methods of instruction used in other available 
programs, including how such programs differ in con-
tent, instructional goals, and the use of English and 
a native language in instruction; 
"(iv) how the program in which their child is, or 
will be participating, will meet the 
educational 
strengths and needs of their child; 
"(v) how such program will specifically help their 
child learn English, and meet age-appropriate aca-
demic achievement standards for grade promotion and 
graduation; 
"(vi) the specific exit requirements for the program, 
including the expected rate of transition from such 
program into classrooms that are not tailored for lim-
ited English proficient children, and the expected rate 
of graduation from secondary school for such program 
115 STAT. 1468 
PUBLIC LAW 107-110-^AN. 8, 2002 
if funds under this part are used for children in sec-
ondary schools; 
"(vii) in the case of a child with a disability, how 
such program meets the objectives of the individualized 
education program of the child; 
"(viii) information pertaining to parental rights 
,. 
that includes written guidance— 
"(I) detailing— 
"(aa) the right that parents have to have 
their child immediately removed from such 
program upon their request; and 
"(bb) the options that parents have to 
decline to enroll their child in such program 
or to choose another program or method of 
instruction, if available; and 
"(II) assisting parents in selecting among var-
ious programs and methods of instruction, if more 
than one program or method is offered by the 
eligible entity. 
DeadUne. 
"(B) SEPARATE NOTIFICATION.—In addition to providing 
the information required to be provided under paragraph 
(1), each eligible entity that is using funds provided under 
this part to provide a language instruction educational 
program, and that has failed to make progress on the 
annual measurable achievement objectives described in sec-
tion 3122 for any fiscal year for which part A is in effect, 
shall separately inform a parent or the parents of a child 
identified for participation in such program, or partici-
pating in such program, of such failure not later than 
30 days after such failure occurs. 
"(2) NOTICE.—The notice and information provided in para-
graph (1) to a parent or parents of a child identified for partici-
pation in a language instruction educational program for lim-
ited English proficient children shall be in an understandable 
and uniform format and, to the extent practicable, provided 
in a language that the parents can understand. 
Deadline. 
"(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.— 
For those children who have not been identified as limited 
English proficient prior to the beginning of the school year 
the local educational agency shall notify parents within the 
first 2 weeks of the child being placed in a language instruction 
educational program consistent with paragraphs (1) and (2). 
"(4) 
PARENTAL PARTICIPATION.—Each local educational 
agency receiving funds under this part shall implement an 
effective means of outreach to parents of limited English pro-
ficient students to inform the parents regarding how the par-
ents can be involved in the education of their children, and 
be active participants in assisting their children to attain 
English proficiency, achieve at high levels in core academic 
subjects, and meet challenging State academic achievement 
standards and State academic content standards expected of 
all students, including holding, and sending notice of opportuni-
ties for, regular meetings for the purpose of formulating and 
responding to recommendations from parents of students 
assisted under this part. 
"(5) BASIS FOR ADMISSION OR EXCLUSION.—^A student shall 
not be admitted to, or excluded from, any federally assisted 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1469 
education program on the basis of a surname or language-
minority status. 
"SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
20 USC 6313. 
"(a) DETERMINATION.— 
"(1) IN GENERAL.—^A local educational agency shall use 
funds received under this part only in eligible school attendance 
areas. 
"(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the pur-
poses of this part— 
"(A) the term 'school attendance area' means, in rela-
tion to a particular school, the geographical area in which 
the children who are normally served by that school reside; 
and 
"(B) the term 'eligible school attendance area' means 
a school attendance area in which the percentage of chil-
dren from low-income families is at least as high as the 
percentage of children from low-income families served by 
the local educational agency as a whole. 
"(3) RANKING ORDER.—If funds allocated in accordance with 
subsection (c) are insufficient to serve all eligible school attend-
ance areas, a local educational agency shall— 
"(A) annually rank, without regard to grade spans, 
such agency's eligible school attendance areas in which 
the concentration of children from low-income families 
exceeds 75 percent from highest to lowest according to 
the percentage of children from low-income families; and 
"(B) serve such eligible school attendance areas in rank 
order. 
"(4) REMAINING FUNDS.—If funds remain after serving all 
eligible school attendance areas under paragraph (3), a local 
educational agency shall— 
"(A) annually rank such agency's remaining eligible 
school attendance areas from highest to lowest either by 
grade span or for the entire local educational agency 
according to the percentage of children from low-income 
families; and 
"(B) serve such eligible school attendance areas in rank 
order either within each grade-span grouping or within 
the local educational agency as a whole. 
"(5) MEASURES.—The local educational agency shall use 
the same measure of poverty, which measure shall be the 
number of children ages 5 through 17 in poverty counted in 
the most recent census data approved by the Secretary, the 
number of children eligible for free and reduced priced lunches 
under the Richard B. Russell National School Lunch Act, the 
number of children in families receiving assistance under the 
State program funded under part A of title IV of the Social 
Security Act, or the number of children eligible to receive 
medical assistance under the Medicaid program, or a composite 
of such indicators, with respect to all school attendance areas 
in the local educational agency— 
"(A) to identify eligible school attendance areas; 
"(B) to determine the ranking of each area; and 
"(C) to determine allocations under subsection (c). 
115 STAT. 1470 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(6) EXCEPTION.—^This subsection shall not apply to a local 
educational agency with a total enrollment of less than 1,000 
children. 
"(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary 
may approve a local educational agency's written request for 
a waiver of the requirements of subsections (a) and (c), and 
permit such agency to treat as eligible, and serve, any school 
that children attend with a State-ordered, court-ordered school 
desegregation plan or a plan that continues to be implemented 
in accordance with a State-ordered or court-ordered desegrega-
tion plan, if— 
"(A) the number of economically disadvantaged chil-
dren enrolled in the school is at least 25 percent of the 
school's total enrollment; and 
"(B) the Secretary determines on the basis of a written 
request from such agency and in accordance with such 
criteria as the Secretary establishes, that approval of that 
request would further the purposes of this part. 
"(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— 
"(1) IN GENERAL.—Notwithstanding subsection (a)(2), a 
local educational agency may— 
"(A) designate as eligible any school attendance area 
or school in which at least 35 percent of the children 
are from low-income families; 
"(B) use funds received under this part in a school 
that is not in an eligible school attendance area, if the 
percentage of children from low-income families enrolled 
in the school is equal to or greater than the percentage 
of such children in a participating school attendance area 
of such agency; 
"(C) designate and serve a school attendance area or 
school that is not eligible under this section, but that 
was eligible and that was served in the preceding fiscal 
year, but only for 1 additional fiscal year; and 
"(D) elect not to serve an eligible school attendance 
area or eligible school that has a higher percentage of 
children from low-income families i
f
— 
"(i) the school meets the comparability require-
ments of section 1120A(c); 
"(ii) the school is receiving supplemental funds 
from other State or local sources that are spent 
according to the requirements of section 1114 or 1115; 
and 
"(iii) the funds expended from such other sources 
equal or exceed the amount that would be provided 
under this part. 
"(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the 
number of children attending private elementary schools and 
secondary schools who are to receive services, and the assist-
ance such children are to receive under this part, shall be 
determined without regard to whether the public school attend-
ance area in which such children reside is assisted under 
subparagraph (A). 
"(c) ALLOCATIONS.— 
"(1) IN GENERAL.—^A local educational agency shall allocate 
funds received under this part to eligible school attendance 
areas or eligible schools, identified under subsections (a) and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1471 
(b), in rank order, on the basis of the total number of children 
from low-income families in each area or school. 
"(2) SPECIAL RULE.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), the per-pupil amount of funds allocated to each school 
attendance area or school under paragraph (1) shall be 
at least 125 percent of the per-pupil amount of funds a 
local educational agency received for that year under the 
poverty criteria described by the local educational agency 
in the plan submitted under section 1112, except that 
this paragraph shall not apply to a local educational agency 
that only serves schools in which the percentage of such 
children is 35 percent or greater. 
"(B) EXCEPTION.—^A local educational agency may 
reduce the amount of funds allocated under subparagraph 
(A) for a school attendance area or school by the amount 
of any supplemental State and local funds expended in 
that school attendance area or school for programs that 
meet the requirements of section 1114 or 1115. 
"(3) 
RESERVATION.—^A local educational 
agency 
shall 
reserve such funds as are necessary under this part to provide 
services comparable to those provided to children in schools 
funded under this part to serve— 
"(A) homeless children who do not attend participating 
schools, including providing educationally related support 
services to children in shelters and other locations where 
children may live; 
"(B) children in local institutions for neglected children; 
and 
"(C) if appropriate, children in local institutions for 
delinquent children, and neglected or delinquent children 
in community day school programs. 
"(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.— 
A local educational agency may reserve such funds as are 
necessary from those funds received by the local educational 
agency under title II, and not more than 5 percent of those 
funds received by the local educational agency under subpart 
2, to provide financial incentives and rewards to teachers who 
serve in schools eligible under this section and identified for 
school improvement, corrective action, and restructuring under 
section 1116(b) for the purpose of attracting and retaining 
qualified and effective teachers. 
*SEC. 1114. SCHOOLWIDE PROGRAMS. 
20 USC 6314. 
"(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— 
"(1) IN GENERAL.—^A local educational agency may consoli-
date and use funds under this part, together with other Federal, 
State, and local funds, in order to upgrade the entire edu-
cational program of a school that serves an eligible school 
attendance area in which not less than 40 percent of the chil-
dren are from low-income families, or not less than 40 percent 
of the children enrolled in the school are from such families. 
"(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.— 
"(A) IN GENERAL.—No school participating 
in a 
schoolwide program shall be required— 
"(i) to identify particular children under this part 
as eligible to participate in a schoolwide program; or 
115 STAT. 1472 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(ii) to provide services to such children that are 
supplementary, as otherwise required by section 
1120A(b). 
"(B) SUPPLEMENTAL FUNDS.—^A school participating in 
a schoolwide program shall use funds available to carry 
out this section only to supplement the amount of funds 
that would, in the absence of funds under this part, be 
made available from non-Federal sources for the school, 
including funds needed to provide services that are required 
by law for children with disabilities and children with 
limited English proficiency. 
"(3) 
EXEMPTION 
FROM 
STATUTORY AND REGULATORY 
REQUIREMENTS.— 
"(A) EXEMPTION.—Except as provided in subsection (b), 
the Secretary may, through publication of a notice in the 
Federal Register, exempt schoolwide programs under this 
section from statutory or regulatory provisions of any other 
noncompetitive formula grant program administered by the 
Secretary (other than formula or discretionary grant pro-
grams under the Individuals with Disabilities Education 
Act, except as provided in section 613(a)(2)(D) of such Act), 
or any discretionary grant program administered by the 
Secretary, to support schoolwide programs if the intent 
and purposes of such other programs are met. 
"(B) REQUIREMENTS.—^A school that chooses to use 
funds from such other programs shall not be relieved of 
the requirements relating to health, safety, civil rights, 
student and parental participation and involvement, serv-
ices to private school children, maintenance of effort, com-
parability of services, uses of Federal funds to supplement, 
not supplant non-Federal funds, or the distribution of funds 
to State educational agencies or local educational agencies 
that apply to the receipt of funds from such programs. 
"(C) RECORDS.—^A school that consolidates and uses 
funds from different Federal programs under this section 
shall not be required to maintain separate fiscal accounting 
records, by program, that identify the specific activities 
supported by those particular funds as long as the school 
maintains records that demonstrate that the schoolwide 
program, considered as a whole, addresses the intent and 
purposes of each of the Federal programs that were consoli-
dated to support the schoolwide program. 
"(4) PROFESSIONAL DEVELOPMENT.—Each school receiving 
funds under this part for any fiscal year shall devote sufficient 
resources to effectively carry out the activities described in 
subsection (b)(1)(D) in accordance with section 1119 for such 
fiscal year, except that a school may enter into a consortium 
with another school to carry out such activities. 
"(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.— 
"(1) IN GENERAL.—^A schoolwide program shall include the 
following components: 
"(A) A comprehensive needs assessment of the entire 
school (including taking into account the needs of migratory 
children as defined in section 1309(2)) that is based on 
information which includes the achievement of children 
in relation to the State academic content standards and 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1473 
the 
State 
student 
academic 
achievement 
standards 
described in section 1111(b)(1). 
"(B) Schoolwide reform strategies that— 
"(i) provide opportunities for all children to meet 
the State's proficient and advanced levels of student 
academic 
achievement 
described 
in 
section 
1111(b)(1)(D); 
"(ii) use effective methods and instructional strate-
gies that are based on scientifically based research 
t h a t -
'll) strengthen the core academic program in 
the school; 
"(II) increase the amount and quality of 
learning time, such as providing an extended 
school year and before- and after-school 
and 
summer programs and opportunities, and help pro-
vide an enriched and accelerated curriculum; and 
"(III) include strategies for meeting the edu-
cational needs of historically underserved popu-
lations; 
"(iii)(I) include strategies to address the needs of 
all children in the school, but particularly the needs 
of low-achieving children and those at risk of not 
meeting the State student academic achievement 
standards who are members of the target population 
of any program that is included in the schoolwide 
program, which may include— 
"(aa) counseling, pupil services, and mentoring 
services; 
"(bb) college 
and 
career 
awareness 
and 
preparation, such as college and career guidance, 
personal 
finance 
education, 
and 
innovative 
teaching methods, which may include applied 
learning and team-teaching strategies; and 
"(cc) the integration of vocational and technical 
education programs; and 
"(II) address how the school will determine if such 
needs have been met; and 
"(iv) are consistent with, and are designed to imple-
ment, the State and local improvement plans, if any. 
"(C) Instruction by highly qualified teachers. 
"(D) In accordance with section 1119 and subsection 
(a)(4), high-quality and ongoing professional development 
for teachers, principals, and paraprofessionals and, if 
appropriate, pupil services personnel, parents, and other 
staff to enable all children in the school to meet the State's 
student academic achievement standards. 
"(E) Strategies to attract high-quality highly qualified 
teachers to high-need schools. 
"(F) Strategies to increase parental involvement in 
accordance with section 1118, such as family literary serv-
ices. 
"(G) Plans for assisting preschool children in the transi-
tion from early childhood programs, such as Head Start, 
Even Start, Early Reading First, or a State-run preschool 
program, to local elementary school programs. 
115 STAT. 1474 
PUBLIC LAW 107-110-^AN. 8, 2002 
Records. 
"(H) Measures to include teachers in the decisions 
regarding the use of academic assessments described in 
section 1111(b)(3) in order to provide information on, and 
to improve, the achievement of individual students and 
the overall instructional program. 
"(I) Activities to ensure that students who experience 
difficulty mastering the proficient or advanced levels of 
academic achievement standards required by section 
1111(b)(1) shall be provided with effective, timely additional 
assistance which shall include measures to ensure that 
students' difficulties are identified on a timely basis and 
to provide sufficient information on which to base effective 
assistance. 
"(J) Coordination and integration of Federal, State, 
and local services and programs, including programs sup-
ported under this Act, violence prevention programs, nutri-
tion programs, housing programs. Head Start, adult edu-
cation, vocational and technical education, and job training. 
"(2) PLAN.— 
"(A) IN GENERAL.—^Any eligible school that desires to 
operate a schoolwide program shall first develop (or amend 
a plan for such a program that was in existence on the 
day before the date of enactment of the No Child Left 
Behind Act of 2001), in consultation with the local edu-
cational agency and its school support team or other tech-
nical assistance provider under section 1117, a comprehen-
sive plan for reforming the total instructional program 
in the school that— 
"(i) describes how the school will implement the 
components described in paragraph (1); 
"(ii) describes how the school will use resources 
under this part and from other sources to implement 
those components; 
"(iii) includes a list of State educational agency 
and local educational agency programs and other Fed-
eral programs under subsection (a)(3) that will be 
consolidated in the schoolwide program; and 
"(iv) describes how the school will provide indi-
vidual student academic assessment results in a lan-
guage the parents can understand, including an 
interpretation of those results, to the parents of a 
child who participates in the academic assessments 
required by section 1111(b)(3). 
"(B) PLAN DEVELOPMENT.—The comprehensive plan 
shall be— 
"(i) developed during a one-year period, unless— 
"(I) the local educational agency, after consid-
ering the recommendation of the technical assist-
ance providers under section 1117, determines that 
less time is needed to develop and implement the 
schoolwide program; or 
"(II) the school is operating a schoolwide pro-
gram on the day preceding the date of enactment 
of the No Child Lefl: Behind Act of 2001, in which 
case such school may continue to operate such 
program, but shall develop amendments to its 
existing plan during the first year of assistance 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1475 
after that date to reflect the provisions of this 
section; 
"(ii) developed with the involvement of parents 
and other members of the community to be served 
and individuals who will carry out such plan, including 
teachers, principals, and administrators (including 
administrators of programs described in other parts 
of this title), and, if appropriate, pupil services per-
sonnel, technical assistance providers, school staff, and, 
if the plan relates to a secondary school, students 
from such school; 
"(iii) in effect for the duration of the school's 
participation under this part and reviewed and revised, 
as necessary, by the school; 
"(iv) available to the local educational agency, par-
ents, and the public, and the information contained 
in such plan shall be in an understandable and uniform 
format and, to the extent practicable, provided in a 
language that the parents can understand; and 
"(v) if appropriate, developed in coordination with 
programs under Reading First, Early Reading First, 
Even Start, Carl D. Perkins Vocational and Technical 
Education Act of 1998, and the Head Start Act. 
"(c) PREKINDERGARTEN PROGRAM.—^A school that is eligible for 
a schoolwide program under this section may use funds made 
available under this part to establish or enhance prekindergarten 
programs for children below the age of 6, such as Even Start 
programs or Early Reading First programs. 
"SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 
20 USC 6315. 
"(a) IN GENERAL.—In all schools selected to receive funds under 
section 1113(c) that are ineligible for a schoolwide program under 
section 1114, or that choose not to operate such a schoolwide pro-
gram, a local educational agency serving such school may use 
funds received under this part only for programs that provide 
services to eligible children under subsection (b) identified as having 
the greatest need for special assistance. 
"(b) ELIGIBLE CHILDREN.— 
"(1) ELIGIBLE POPULATION.— 
"(A) IN GENERAL.—The eligible population for services 
under this section is— 
"(i) children not older than age 21 who are entitled 
to a free public education through grade 12; and 
"(ii) children who are not yet at a grade level 
at which the local educational agency provides a free 
public education. 
"(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.— 
From the population described in subparagraph (A), eligible 
children are children identified by the school as failing, 
or most at risk of failing, to meet the State's challenging 
student academic achievement standards on the basis of 
multiple, educationally related, objective criteria estab-
lished by the local educational agency and supplemented 
by the school, except that children from preschool through 
grade 2 shall be selected solely on the basis of such criteria 
as teacher judgment, interviews with parents, and develop-
mentally appropriate measures. 
115 STAT. 1476 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
"(2) CHILDREN INCLUDED.— 
"(A) IN GENERAL.—Children who are economically dis-
advantaged, children with disabilities, migrant children or 
limited English proficient children, are eligible for services 
under this part on the same basis as other children selected 
to receive services under this part. 
"(B) HEAD START, EVEN START, OR EARLY READING FIRST 
CHILDREN.—^A child who, at any time in the 2 years pre-
ceding the year for which the determination is made, 
participated in a Head Start, Even Start, or Early Reading 
First program, or in preschool services under this title, 
is eligible for services under this part. 
"(C) PART C CHILDREN.—A child who, at any time in 
the 2 years preceding the year for which the determination 
is made, received services under part C is eligible for 
services under this part. 
"(D) NEGLECTED OR DELINQUENT CHILDREN.—^A child 
in a local institution for neglected or delinquent children 
and youth or attending a community day program for such 
children is eligible for services under this part. 
"(E) HOMELESS CHILDREN.—A child who is homeless 
and attending any school served by the local educational 
agency is eligible for services under this part. 
"(3) SPECL\.L RULE.—Funds received under this part may 
not be used to provide services that are otherwise required 
by law to be made available to children described in paragraph 
(2) but may be used to coordinate or supplement such services. 
"(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PRO-
GRAM.— 
"(1) IN GENERAL.—To assist targeted assistance schools 
and local educational agencies to meet their responsibility to 
provide for all their students served under this part the oppor-
tunity to meet the State's challenging student academic 
achievement standards in subjects as determined by the State, 
each targeted assistance program under this section shall— 
"(A) use such program's resources under this part to 
help participating children meet such State's challenging 
student academic achievement standards expected for all 
children; 
"(B) ensure that planning for students served under 
this part is incorporated into existing school planning; 
"(C) use effective methods and instructional strategies 
that are based on scientifically based research that 
strengthens the core academic program of the school and 
that— 
"(i) give primary 
consideration 
to providing 
extended learning time, such as an extended school 
year, before- and after-school, and summer programs 
and opportunities; 
"(ii) help provide an accelerated, high-quality cur-
riculum, including applied learning; and 
"(iii) minimize removing children from the regular 
classroom during regular school hours for instruction 
provided under this part; 
"(D) coordinate with and support the regular education 
program, which may include services to assist preschool 
children in the transition from early childhood programs 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1477 
such as Head Start, Even Start, Early Reading First or 
State-run preschool programs to elementary school pro-
grams; 
"(E) provide instruction by highly qualified teachers; 
"(F) in accordance with subsection (e)(3) and section 
1119, provide opportunities for professional development 
with resources provided under this part, and, to the extent 
practicable, from other sources, for teachers, principals, 
and paraprofessionals, including, if appropriate, pupil serv-
ices personnel, parents, and other staff, who work with 
participating children in programs under this section or 
in the regular education program; 
"(G) provide strategies to increase parental involve-
ment in accordance with section 1118, such as family lit-
eracy services; and 
"(H) coordinate and integrate Federal, State, and local 
services and programs, including programs supported 
under this Act, violence prevention programs, nutrition 
programs, housing programs. Head Start, adult education, 
vocational and technical education, and job training. 
"(2) REQUIREMENTS.—Each school conducting a program 
under this section shall assist participating children selected 
in accordance with subsection (b) to meet the State's proficient 
and advanced levels of achievement by— 
"(A) the coordinating of resources provided under this 
part with other resources; and 
"(B) reviewing, on an ongoing basis, the progress of 
participating children and revising the targeted assistance 
program, if necessary, to provide additional assistance to 
enable such children to meet the State's challenging stu-
dent academic achievement standards, such as an extended 
school year, before- and after-school, and summer programs 
and opportunities, training for teachers regarding how to 
identify students who need additional assistance, and 
training for teachers regarding how to implement student 
academic achievement standards in the classroom. 
"(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To pro-
mote the integration of staff supported with funds under this part 
into the regular school program and overall school planning and 
improvement efforts, public school personnel who are paid with 
funds received under this part may— 
"(1) participate in general professional development and 
school planning activities; and 
"(2) assume limited duties that are assigned to similar 
personnel who are not so paid, including duties beyond class-
room instruction or that do not benefit participating children, 
so long as the amount of time spent on such duties is the 
same proportion of total work time as prevails with respect 
to similar personnel at the same school. 
"(e) SPECIAL RULES.— 
"(1) SIMULTANEOUS SERVICE.—Nothing in this section shall 
be construed to prohibit a school from serving students under 
this section simultaneously with students with similar edu-
cational needs, in the same educational settings where appro-
priate. 
"(2) COMPREHENSIVE SERVICES.—If^ 
115 STAT. 1478 
PUBLIC LAW 107-1 IONIAN. 8, 2002 
"(A) health, nutrition, and other social services are 
not otherwise available to eligible children in a targeted 
assistance school and such school, if appropriate, has 
engaged in a comprehensive needs assessment and estab-
lished a collaborative partnership with local service pro-
viders; and 
"(B) funds are not reasonably available from other 
public or private sources to provide such services, then 
a portion of the funds provided under this part may be 
used as a last resort to provide such services, including— 
"(i) the provision of basic medical equipment, such 
as eyeglasses and hearing aids; 
"(ii) compensation of a coordinator; and 
"(iii) professional development necessary to assist 
teachers, pupil services personnel, other staff, and par-
ents in identifying and meeting the comprehensive 
needs of eligible children. 
"(3) PROFESSIONAL DEVELOPMENT.—Each school receiving 
funds under this part for any fiscal year shall devote sufficient 
resources to carry out effectively the professional development 
activities described in subparagraph (F) of subsection (c)(1) 
in accordance with section 1119 for such fiscal year, and a 
school may enter into a consortium with another school to 
carry out such activities. 
20 use 6316. 
"SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL 
AGENCY AND SCHOOL IMPROVEMENT. 
"(a) LOCAL REVIEW.— 
"(1) IN GENERAL.—Each local educational agency receiving 
funds under this part shall— 
"(A) use the State academic assessments and other 
indicators described in the State plan to review annually 
the progress of each school served under this part to deter-
mine whether the school is making adequate yearly 
progress as defined in section 1111(b)(2); 
"(B) at the local educational agency's discretion, use 
any academic assessments or any other academic indicators 
described in the local educational agency's plan under sec-
tion 1112(b)(1)(A) and (B) to review annually the progress 
of each school served under this part to determine whether 
the school is making adequate yearly progress as defined 
in section 1111(b)(2), except that the local educational 
agency may not use such indicators (other than as provided 
for in section llll(b)(2)(I)) if the indicators reduce the 
number or change the schools that would otherwise be 
subject to school improvement, corrective action, or restruc-
turing under section 1116 if such additional indicators 
were not used, but may identify additional schools for 
school improvement or in need of corrective action or 
restructuring; 
"(C) publicize and disseminate the results of the local 
annual review described in paragraph (1) to parents, 
teachers, principals, schools, and the community so that 
the teachers, principals, other staff, and schools can contin-
ually refine, in an instructionally useful manner, the pro-
gram of instruction to help all children served under this 
^43^%+( 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1479 
part meet the challenging State student academic achieve-
ment standards established under section 1111(b)(1); and 
"(D) review the effectiveness of the actions and activi-
ties the schools are carrying out under this part with 
respect to parental involvement, professional development, 
and other activities assisted under this part. 
"(2) AVAILABLE RESULTS.—The State educational agency 
shall ensure that the results of State academic assessments 
administered in that school year are available to the local 
educational agency before the beginning of the next school 
year. 
"(b) SCHOOL IMPROVEMENT.— 
"(1) GENERAL REQUIREMENTS.— 
"(A) IDENTIFICATION.—Subject to subparagraph (C), a 
local educational agency shall identify for school improve-
ment any elementary school or secondary school served 
under this part that fails, for 2 consecutive years, to make 
adequate yearly progress as defined in the State's plan 
under section 1111(b)(2). 
"(B) 
DEADLINE.—The 
identification 
described in 
subparagraph (A) shall take place before the beginning 
of the school year following such failure to make adequate 
yearly progress. 
"(C) APPLICATION.—Subparagraph (A) shall not apply 
to a school if almost every student in each group specified 
in section llll(b)(2)(C)(v) enrolled in such school is meeting 
or exceeding the State's proficient level of academic achieve-
ment. 
"(D) TARGETED ASSISTANCE SCHOOLS.—To determine if 
an elementary school or a secondary school that is con-
ducting a targeted assistance program under section 1115 
should be identified for school improvement, corrective 
action, or restructuring under this section, a local edu-
cational agency may choose to review the progress of only 
the students in the school who are served, or are eligible 
for services, under this part. 
"(E) PUBLIC SCHOOL CHOICE.— 
"(i) IN GENERAL.—In the case of a school identified 
for school improvement under this paragraph, the local 
educational agency shall, not later than the first day 
of the school year following such identification, provide 
all students enrolled in the school with the option 
to transfer to another public school served by the local 
educational agency, which may include a public charter 
school, that has not been identified for school improve-
ment under this paragraph, unless such an option 
is prohibited by State law. 
"(ii) RULE.—In providing students the option to 
transfer to another public school, the local educational 
agency shall give priority to the lowest achieving chil-
dren from low-income families, as determined by the 
local educational agency for purposes of allocating 
funds to schools under section 1113(c)(1). 
"(F) TRANSFER.—Students who use the option to 
transfer under subparagraph (E) and paragraph (5)(A), 
(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be 
enrolled in classes and other activities in the public school 
115 STAT. 1480 
PUBLIC LAW 107-110—JAN. 8, 2002 
Deadline. 
Public 
information. 
Deadline. 
to which the students transfer in the same manner as 
all other children at the public school. 
"(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME 
LIMIT.— 
"(A) 
IDENTIFICATION.—Before 
identifying 
an 
elementary school or a secondary school for school improve-
ment under paragraphs (1) or (5)(A), for corrective action 
under paragraph (7), or for restructuring under paragraph 
(8), the local educational agency shall provide the school 
with an opportunity to review the school-level data, 
including academic assessment data, on which the proposed 
identification is based. 
"(B) EVIDENCE.—If the principal of a school proposed 
for identification under paragraph (1), (5)(A), (7), or (8) 
believes, or a majority of the parents of the students 
enrolled in such school believe, that the proposed identifica-
tion is in error for statistical or other substantive reasons, 
the principal may provide supporting evidence to the local 
educational agency, which shall consider that evidence 
before making a final determination. 
"(C) FINAL DETERMINATION.—Not later than 30 days 
after a local educational agency provides the school with 
the opportunity to review such school-level data, the local 
educational agency shall make public a final determination 
on the status of the school with respect to the identification. 
"(3) SCHOOL PLAN.— 
"(A) REVISED PLAN.—^After the resolution of a review 
under paragraph (2), each school identified under para-
graph (1) for school improvement shall, not later than 
3 months after being so identified, develop or revise a 
school plan, in consultation with parents, school staff, the 
local educational agency serving the school, and outside 
experts, for approval by such local educational agency. 
The school plan shall cover a 2-year period and— 
"(i) incorporate strategies based on scientifically 
based research that will strengthen the core academic 
subjects in the school and address the specific academic 
issues that caused the school to be identified for school 
improvement, and may include a strategy for the 
implementation of a comprehensive school reform 
model that includes each of the components described 
in part F; 
"(ii) adopt policies and practices concerning the 
school's core academic subjects that have the greatest 
likelihood of ensuring that all groups of students speci-
fied in section llll(b)(2)(C)(v) and enrolled in the 
school will meet the State's proficient level of achieve-
ment on the State academic assessment described in 
section 1111(b)(3) not later than 12 years after the 
end of the 2001-2002 school year; 
"(iii) provide an assurance that the school will 
spend not less than 10 percent of the funds made 
available to the school under section 1113 for each 
fiscal year that the school is in school improvement 
status, for the purpose of providing to the school's 
teachers 
and 
principal 
high-quality 
professional 
development that— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1481 
"(I) directly addresses the academic achieve-
ment problem that caused the school to be identi-
fied for school improvement; 
"(II) meets the requirements for professional 
development activities under section 1119; and 
"(III) is provided in a manner that affords 
increased opportunity for participating in that 
professional development; 
"(iv) specify how the funds described in clause 
(iii) will be used to remove the school from school 
improvement status; 
"(v) establish specific annual, measurable objec- Deadline, 
tives for continuous and substantial progress by each 
group of students specified in section llll(b)(2)(C)(v) 
and enrolled in the school that will ensure that all 
such groups of students will, in accordance with ade-
quate yearly progress as defined in section 1111(b)(2), 
meet the State's proficient level of achievement on 
the State academic assessment described in section 
1111(b)(3) not later than 12 years after the end of 
the 2001-2002 school year; 
"(vi) describe how the school will provide written 
notice about the identification to parents of each stu-
dent enrolled in such school, in a format and, to the 
extent practicable, in a language that the parents can 
understand; 
"(vii) specify the responsibilities of the school, the 
local educational agency, and the State educational 
agency serving the school under the plan, including 
the technical assistance to be provided by the local 
educational agency under paragraph (4) and the local 
educational agency's responsibilities under section 
1120A; 
"(viii) include strategies to promote 
effective 
parental involvement in the school; 
"(ix) incorporate, as appropriate, activities before 
school, after school, during the summer, and during 
any extension of the school year; and 
"(x) incorporate a teacher mentoring program. 
"(B) CONDITIONAL APPROVAL.—The local educational 
agency may condition approval of a school plan under this 
paragraph on— 
"(i) inclusion of one or more of the corrective 
actions specified in paragraph (7)(C)(iv); or 
"(ii) feedback on the school improvement plan from 
parents and community leaders. 
"(C) PLAN IMPLEMENTATION.—Except as provided in Deadline, 
subparagraph (D), a school shall implement the school plan 
(including a revised plan) expeditiously, but not later than 
the beginning of the next full school year following the 
identification under paragraph (1). 
"(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwith-
standing subparagraph (C), if a plan is not approved prior 
to the beginning of a school year, such plan shall be imple-
mented immediately upon approval. 
115 STAT. 1482 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The local 
educational agency, within 45 days of receiving a school 
plan, shall— 
Establishment. 
"(i) establish a peer review process to assist with 
review of the school plan; and 
"(ii) promptly review the school plan, work with 
the school as necessary, and approve the school plan 
if the plan meets the requirements of this paragraph. 
"(4) TECHNICAL ASSISTANCE.— 
"(A) IN GENERAL.—For each school identified for school 
improvement under paragraph (1), the local educational 
agency serving the school shall ensure the provision of 
technical assistance as the school develops and implements 
the school plan under paragraph (3) throughout the plan's 
duration. 
"(B) 
SPECIFIC 
ASSISTANCE.—Such 
technical 
assistance— 
"(i) shall include assistance in analyzing data from 
the assessments required under section 1111(b)(3), and 
other examples of student work, to identify and address 
problems in instruction, and problems if any, in imple-
menting 
the 
parental 
involvement 
requirements 
described in section 1118, the professional development 
requirements described in section 1119, and the 
responsibilities of the school and local educational 
agency under the school plan, and to identify and 
address solutions to such problems; 
"(ii) shall include assistance in identifying and 
implementing professional development, instructional 
strategies, and methods of instruction that are based 
on scientifically based research and that have proven 
effective in addressing the specific instructional issues 
that caused the school to be identified for school 
improvement; 
"(iii) shall include assistance in analyzing and 
revising the school's budget so that the school's 
resources are more effectively allocated to the activities 
most likely to increase student academic achievement 
and to remove the school from school improvement 
status; and 
"(iv) may be provided— 
"(I) by the local educational agency, through 
mechanisms authorized under section 1117; or 
"(II) by the State educational agency, an 
institution of higher education (that is in full 
compliance with all the reporting provisions of title 
II of the Higher Education Act of 1965), a private 
not-for-profit organization or for-profit organiza-
tion, an educational service agency, or another 
entity with experience in helping schools improve 
academic achievement. 
"(C) 
SCIENTIFICALLY 
BASED 
RESEARCH.—Technical 
assistance provided under this section by a local edu-
cational agency or an entity approved by that agency shall 
be based on scientifically based research. 
"(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER 
IDENTIFICATION.—In the case of any school served under this 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1483 
part that fails to make adequate yearly progress, as set out 
in the State's plan under section 1111(b)(2), by the end of 
the first full school year after identification under paragraph 
(1), the local educational agency serving such school— 
"(A) shall continue to provide all students enrolled 
in the school with the option to transfer to another public 
school served by the local educational agency in accordance 
with subparagraphs (E) and (F); 
"(B) shall make supplemental educational services 
available consistent with subsection (e)(1); and 
"(C) shall continue to provide technical assistance. 
"(6) NOTICE TO PARENTS.—^A local educational agency shall 
promptly provide to a parent or parents (in an understandable 
and uniform format and, to the extent practicable, in a language 
the parents can understand) of each student enrolled in an 
elementary school or a secondary school identified for school 
improvement under paragraph (1), for corrective action under 
paragraph (7), or for restructuring under paragraph (8)— 
"(A) an explanation of what the identification means, 
and how the school compares in terms of academic achieve-
ment to other elementary schools or secondary schools 
served by the local educational agency and the State edu-
cational agency involved; 
"(B) the reasons for the identification; 
"(C) an explanation of what the school identified for 
school improvement is doing to address the problem of 
low achievement; 
"(D) an explanation of what the local educational 
agency or State educational agency is doing to help the 
school address the achievement problem; 
"(E) an explanation of how the parents can become 
involved in addressing the academic issues that caused 
the school to be identified for school improvement; and 
"(F) an explanation of the parents' option to transfer 
their child to another public school under paragraphs (1)(E), 
(5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) (with 
transportation provided by the agency when required by 
paragraph (9)) or to obtain supplemental educational serv-
ices for the child, in accordance with subsection (e). 
"(7) CORRECTIVE ACTION.— 
"(A) IN GENERAL.—In this subsection, the term 'correc-
tive action' means action, consistent with State law, that— 
"(i) substantially and directly responds to— 
"(I) the consistent academic failure of a school 
that caused the local educational agency to take 
such action; and 
"(II) any underlying staffing, curriculum, or 
other problems in the school; and 
"(ii) is designed to increase substantially the likeli-
hood that each group of students 
described 
in 
1111(b)(2)(C) enrolled in the school identified for correc-
tive action will meet or exceed the State's proficient 
levels of achievement on the State academic assess-
ments described in section 1111(b)(3). 
115 STAT. 1484 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(B) SYSTEM.—In order to help students served under 
this part meet challenging State student academic achieve-
ment standards, each local educational agency shall imple-
ment a system of corrective action in accordance with sub-
paragraphs (C) through (E). 
"(C) 
ROLE OF LOCAL EDUCATIONAL AGENCY.—In 
the 
case of any school served by a local educational agency 
under this part that fails to make adequate yearly progress, 
as defined by the State under section 1111(b)(2), by the 
end of the second full school year after the identification 
under paragraph (1), the local educational agency shall— 
"(i) continue to provide all students enrolled in 
the school with the option to transfer to another public 
school served by the local educational agency, in 
accordance with paragraph (1)(E) and (F); 
"(ii) continue to provide technical assistance con-
sistent with paragraph (4) while instituting any correc-
tive action under clause (iv); 
"(iii) continue to make supplemental educational 
services available, in accordance with subsection (e), 
to children who remain in the school; and 
"(iv) identify the school for corrective action and 
take at least one of the following corrective actions: 
"(I) Replace the school staff who are relevant 
to the failure to make adequate yearly progress. 
"(II) Institute and fully implement a new cur-
riculum, including providing appropriate profes-
sional development for all relevant staff, that is 
based on scientifically based research and offers 
substantial 
promise of improving 
educational 
achievement 
for 
low-achieving 
students 
and 
enabling the school to make adequate yearly 
progress. 
"(Ill) 
Significantly 
decrease 
management 
authority at the school level. 
"(IV) Appoint an outside expert to advise the 
school on its progress toward making adequate 
yearly progress, based on its school plan under 
paragraph (3). 
"(V) Extend the school year or school day for 
the school. 
"(VI) Restructure the internal organizational 
structure of the school. 
"(D) DELAY.—Notwithstanding any other provision of 
this paragraph, the local educational agency may delay, 
for a period not to exceed 1 year, implementation of the 
requirements under paragraph (5), corrective action under 
this paragraph, or restructuring under paragraph (8) if 
the school makes adequate yearly progress for 1 year or 
if its failure to make adequate yearly progress is due to 
exceptional or uncontrollable circumstances, such as a nat-
ural disaster or a precipitous and unforeseen decline in 
the financial resources of the local educational agency or 
school. No such period shall be taken into account in deter-
mining the number of consecutive years of failure to make 
adequate yearly progress. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1485 
"(E) PUBLICATION AND DISSEMINATION.—The local edu-
cational agency shall publish and disseminate information 
regarding any corrective action the local educational agency 
takes under this paragraph at a school— 
"(i) to the public and to the parents of each student 
enrolled in the school subject to corrective action; 
"(ii) in an understandable and uniform format and, 
to the extent practicable, provided in a language that 
the parents can understand; and 
"(iii) through such means as the Internet, the 
media, and public agencies. 
"(8) RESTRUCTURING.— 
"(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.— 
If, after 1 full school year of corrective action under para-
graph (7), a school subject to such corrective action con-
tinues to fail to make adequate yearly progress, then the 
local educational agency shall— 
"(i) continue to provide all students enrolled in 
the school with the option to transfer to another public 
school served by the local educational agency, in 
accordance with paragraph (1)(E) and (F); 
"(ii) continue to make supplemental educational 
services available, in accordance with subsection (e), 
to children who remain in the school; and 
"(iii) prepare a plan and make necessary arrange-
ments to carry out subparagraph (B). 
"(B) ALTERNATIVE GOVERNANCE.—Not later than the Deadline, 
beginning of the school year following the year in which 
the local educational agency implements subparagraph (A), 
the local educational agency shall implement one of the 
following alternative governance arrangements for the 
school consistent with State law: 
"(i) Reopening the school as a public charter school. 
"(ii) Replacing all or most of the school staff (which 
may include the principal) who are relevant to the 
failure to make adequate yearly progress. 
"(iii) Entering into a contract with an entity, such 
as a private management company, with a dem-
onstrated record of effectiveness, to operate the public 
school. 
"(iv) Turning the operation of the school over to 
the State educational agency, if permitted under State 
law and agreed to by the State. 
"(v) Any other major restructuring of the school's 
governance arrangement that makes 
fundamental 
reforms, such as significant changes in the school's 
staffing and governance, to improve student academic 
achievement in the school and that has substantial 
promise of enabling the school to make adequate yearly 
progress as defined in the State plan under section 
1111(b)(2). In the case of a rural local educational 
agency with a total of less than 600 students in average 
daily attendance at the schools that are served by 
the agency and all of whose schools have a School 
Locale Code of 7 or 8, as determined by the Secretary, 
the Secretary shall, at such agency's request, provide 
115 STAT. 1486 
PUBLIC LAW 107-110-^AN. 8, 2002 
technical assistance to such agency for the purpose 
of implementing this clause. 
"(C) PROMPT NOTICE.—The local educational agency 
shall— 
"(i) provide prompt notice to teachers and parents 
whenever subparagraph (A) or (B) applies; and 
"(ii) provide the teachers and parents with an ade-
quate opportunity to— 
"(I) comment before taking any action under 
those subparagraphs; and 
"(II) participate in developing any plan under 
subparagraph (A)(iii). 
"(9) TRANSPORTATION.—In any case described in paragraph 
(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i), 
and (8)(A), and subsection (c)(10)(CXvii), the local educational 
agency shall provide, or shall pay for the provision of, transpor-
tation for the student to the public school the student attends. 
"(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDU-
CATIONAL SERVICES.— 
"(A) IN GENERAL.—Unless a lesser amount is needed 
to comply with paragraph (9) and to satisfy all requests 
for supplemental educational services under subsection (e), 
a local educational agency shall spend an amount equal 
to 20 percent of its allocation under subpart 2, from which 
the agency shall spend— 
"(i) an amount equal to 5 percent of its allocation 
under subpart 2 to provide, or pay for, transportation 
under paragraph (9); 
"(ii) an amount equal to 5 percent of its allocation 
under subpart 2 to provide supplemental educational 
services under subsection (e); and 
"(iii) an amount equal to the remaining 10 percent 
of its allocation under subpart 2 for transportation 
under paragraph (9), supplemental educational services 
under subsection (e), or both, as the agency determines. 
"(B) TOTAL AMOUNT.—The total amount described in 
subparagraph (A)(ii) is the maximum amount the local 
educational agency shall be required to spend under this 
part on supplemental educational services described in sub-
section (e). 
"(C) INSUFFICIENT FUNDS.—If the amount of funds 
described in subparagraph (A)(ii) or (iii) and available to 
provide services under this subsection is insufficient to 
provide supplemental educational services to each child 
whose parents request the services, the local educational 
agency shall give priority to providing the services to the 
lowest-achieving children. 
"(D) PROHIBITION.—A local educational agency shall 
not, as a result of the application of this paragraph, reduce 
by more than 15 percent the total amount made available 
under section 1113(c) to a school described in paragraph 
(7)(C) or (8)(A) of subsection (b). 
"(11) COOPERATIVE AGREEMENT.—In any case described in 
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection 
(c)( 10)(C)(vii) if all public schools served by the local educational 
agency to which a child may transfer are identified for school 
improvement, corrective action or restructuring, the agency 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1487 
shall, to the extent practicable, establish a cooperative agree-
ment with other local educational agencies in the area for 
a transfer. 
"(12) 
DURATION.—If any school identified 
for school 
improvement, corrective action, or restructuring makes ade-
quate yearly progress for two consecutive school years, the 
local educational agency shall no longer subject the school 
to the requirements of school improvement, corrective action, 
or restructuring or identify the school for school improvement 
for the succeeding school year. 
"(13) SPECIAL RULE.—^A local educational agency shall 
permit a child who transferred to another school under this 
subsection to remain in that school until the child has com-
pleted the highest grade in that school. The obligation of the 
local educational agency to provide, or to provide for, transpor-
tation for the child ends at the end of a school year if the 
local educational agency determines that the school from which 
the child transferred is no longer identified for school improve-
ment or subject to corrective action or restructuring. 
"(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The 
State educational agency shall— 
"(A) make technical assistance under section 1117 
available to schools identified for school improvement, 
corrective action, or restructuring under this subsection 
consistent with section 1117(a)(2); 
"(B) if the State educational agency determines that 
a local educational agency failed to carry out its responsibil-
ities under this subsection, take such corrective actions 
as the State educational agency determines to be appro-
priate and in compliance with State law; 
"(C) ensure that academic assessment results under 
this part are provided to schools before any identification 
of a school may take place under this subsection; and 
"(D) for local educational agencies or schools identified 
for improvement under this subsection, notify the Secretary 
of major factors that were brought to the attention of 
the State educational agency under section 1111(b)(9) that 
have significantly affected student academic achievement. 
"(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVE-
MENT.— 
"(1) IN GENERAL.—A State shall— 
"(A) annually review the progress of each local edu-
cational agency receiving funds under this part to deter-
mine whether schools receiving assistance under this part 
are making adequate yearly progress as defined in section 
1111(b)(2) toward meeting the State's student academic 
achievement standards and to determine if each local edu-
cational agency is carrying out its responsibilities under 
this section and sections 1117, 1118, and 1119; and 
"(B) publicize and disseminate to local educational 
agencies, teachers and other staff, parents, students, and 
the community the results of the State review, including 
statistically sound disaggregated results, as required by 
section 1111(b)(2). 
"(2) REWARDS.—In the case of a local educational agency 
that, for 2 consecutive years, has exceeded adequate yearly 
progress as defined in the State plan under section 1111(b)(2), 
115 STAT. 1488 
PUBLIC LAW 107-llO^JAN. 8, 2002 
Deadline. 
Deadline. 
the State may make rewards of the kinds described under 
section 1117 to the agency. 
"(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR 
IMPROVEMENT.—^A State shall identify for improvement any 
local educational agency that, for 2 consecutive years, including 
the period immediately prior to the date of enactment of the 
No Child Left Behind Act of 2001, failed to make adequate 
yearly progress as defined in the State's plan under section 
1111(b)(2). 
"(4) TARGETED ASSISTANCE SCHOOLS.—^When reviewing tar-
geted assistance schools served by a local educational agency, 
a State educational agency may choose to review the progress 
of only the students in such schools who are served, or are 
eligible for services, under this part. 
"(5) 
OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.— 
"(A) REVIEW.—Before identifying a local educational 
agency for improvement under paragraph (3) or corrective 
action under paragraph (10), a State educational agency 
shall provide the local educational agency with an oppor-
tunity to review the data, including academic assessment 
data, on which the proposed identification is based. 
"(B) 
EVIDENCE.—If 
the 
local educational 
agency 
believes that the proposed identification is in error for 
statistical or other substantive reasons, the agency may 
provide supporting evidence to the State educational 
agency, which shall consider the evidence before making 
a final determination not later than 30 days after the 
State educational agency provides the local educational 
agency with the opportunity to review such data under 
subparagraph (A). 
"(6) NOTIFICATION TO PARENTS.—The State educational 
agency shall promptly provide to the parents (in a format 
and, to the extent practicable, in a language the parents can 
understand) of each student enrolled in a school served by 
a local educational agency identified for improvement, the 
results of the review under paragraph (1) and, if the agency 
is identified for improvement, the reasons for that identification 
and how parents can participate in upgrading the quality of 
the local educational agency. 
"(7) LOCAL EDUCATIONAL AGENCY REVISIONS.— 
"(A) PLAN.—Each local educational agency identified 
under paragraph (3) shall, not later than 3 months after 
being so identified, develop or revise a local educational 
agency plan, in consultation with parents, school staff, 
and others. Such plan shall— 
"(i) incorporate scientifically based research strate-
gies that strengthen the core academic program in 
schools served by the local educational agency; 
"(ii) identify actions that have the greatest likeli-
hood of improving the achievement of participating 
children in meeting the State's student academic 
achievement standards; 
"(iii) address the professional development needs 
of the instructional staff serving the agency by commit-
ting to spend not less than 10 percent of the funds 
received by the local educational agency under subpart 
2 for each fiscal year in which the agency is identified 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1489 
for 
improvement 
for 
professional 
development 
(including funds reserved for professional development 
under subsection (bX3)(A)(iii)), but excluding funds 
reserved for professional development under section 
1119; 
"(iv) include specific measurable achievement goals 
and targets for each of the groups of students identified 
in 
the 
disaggregated 
data 
pursuant 
to 
section 
llll(b)(2)(C)(v), 
consistent 
with 
adequate 
yearly 
progress as defined under section 1111(b)(2); 
"(v) 
address 
the 
fundamental 
teaching 
and 
learning needs in the schools of that agency, and the 
specific academic problems of low-achieving students, 
including a determination of why the local educational 
agency's prior plan failed to bring about increased stu-
dent academic achievement; 
"(vi) incorporate, as appropriate, activities before 
school, after school, during the summer, and during 
an extension of the school year; 
"(vii) specify the responsibilities of the State edu-
cational agency and the local educational agency under 
the plan, including specifying the technical assistance 
to be provided by the State educational agency under 
paragraph (9) and the local educational agency's 
responsibilities under section 1120A; and 
"(viii) include strategies to promote 
effective 
parental involvement in the school. 
"(B) IMPLEMENTATION.—The local educational agency Deadline, 
shall implement the plan (including a revised plan) expedi-
tiously, but not later than the beginning of the next school 
year after the school year in which the agency was identi-
fied for improvement. 
"(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.— 
"(A) TECHNICAL OR OTHER ASSISTANCE.—For each local 
educational agency identified under paragraph (3), the 
State educational agency shall provide technical or other 
assistance if requested, as authorized under section 1117, 
to better enable the local educational agency to— 
"(i) develop and implement the local educational 
agency's plan; and 
"(ii) work with schools needing improvement. 
"(B) METHODS AND STRATEGIES.—Technical assistance 
provided under this section by the State educational agency 
or an entity authorized by such agency shall be supported 
by effective methods and instructional strategies based on 
scientifically based research. Such technical assistance 
shall address problems, if any, in implementing the 
parental involvement activities described in section 1118 
and the professional development activities described in 
section 1119. 
"(10) CORRECTIVE ACTION.—In order to help students served 
under this part meet challenging State student academic 
achievement standards, each State shall implement a system 
of corrective action in accordance with the following: 
"(A) DEFINITION.—^As used in this paragraph, the term 
'corrective action' means action, consistent with State law, 
that— 
115 STAT. 1490 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(i) substantially and directly responds to the con-
sistent academic failure that caused the State to take 
such action and to any underlying staffing, curricular, 
or other problems in the agency; and 
"(ii) is designed to meet the goal of having all 
students served under this part achieve at the pro-
ficient and advanced student academic achievement 
levels. 
"(B) GENERAL REQUIREMENTS.—^After providing tech-
nical assistance under paragraph (9) and subject to 
subparagraph (E), the State— 
"(i) may take corrective action at any time with 
respect to a local educational agency that has been 
identified under paragraph (3); 
"(ii) shall take corrective action with respect to 
any local educational agency that fails to make ade-
quate yearly progress, as defined by the State, by 
the end of the second full school year after the identi-
fication of the agency under paragraph (3); and 
"(iii) shall continue to provide technical assistance 
while instituting any corrective action under clause 
(i) or (ii). 
"(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the 
case of a local educational agency identified for corrective 
action, the State educational agency shall take at least 
one of the following corrective actions: 
"(i) Deferring programmatic funds or reducing 
administrative funds. 
"(ii) Instituting and fully implementing a new cur-
riculum that is based on State and local academic 
content and achievement standards, including pro-
viding appropriate professional development based on 
scientifically based research for all relevant staff, that 
offers substantial promise of improving educational 
achievement for low-achieving students. 
"(iii) Replacing the local educational agency per-
sonnel who are relevant to the failure to make ade-
quate yearly progress. 
"(iv) Removing particular schools from the jurisdic-
tion of the local educational agency and establishing 
alternative arrangements for public governance and 
supervision of such schools. 
"(v) Appointing, through the State educational 
agency, a receiver or trustee to administer the affairs 
of the local educational agency in place of the super-
intendent and school board. 
"(vi) Abolishing or restructuring the local edu-
cational agency. 
"(vii) Authorizing students to transfer from a 
school operated by the local educational agency to a 
higher-performing public school operated by another 
local educational agency in accordance with subsections 
(b)(1)(E) and (F), and providing to such students 
transportation (or the costs of transportation) to such 
schools consistent with subsection (b)(9), in conjunction 
with carrying out not less than one additional action 
described under this subparagraph. 
PUBLIC LAW 107-1 IONIAN. 8, 2002 
115 STAT. 1491 
"(D) HEARING.—Prior to implementing any corrective 
action under this paragraph, the State educational agency 
shall provide notice and a hearing to the affected local 
educational agency, if State law provides for such notice 
and hearing. The hearing shall take place not later than 
45 days following the decision to implement corrective 
action. 
"(E) 
NOTICE 
TO PARENTS.—The State 
educational 
agency shall publish, and disseminate to parents and the 
public, information on any corrective action the State edu-
cational agency takes under this paragraph through such 
means as the Internet, the media, and public agencies. 
"(F) DELAY.—Notwithstanding subparagraph (B)(ii), a 
State educational agency may delay, for a period not to 
exceed 1 year, implementation of corrective action under 
this paragraph if the local educational agency makes ade-
quate yearly progress for 1 year or its failure to make 
adequate yearly progress is due to exceptional or uncontrol-
lable circumstances, such as a natural disaster or a precipi-
tous and unforeseen decline in the financial resources of 
the local educational agency. No such period shall be taken 
into account in determining the number of consecutive 
years of failure to make adequate yearly progress. 
"(11) SPECIAL RULE.—If a local educational agency makes 
adequate yearly progress for two consecutive school years begin-
ning after the date of identification of the agency under para-
graph (3), the State educational agency need no longer identify 
the local educational agency for improvement or subject the 
local educational agency to corrective action for the succeeding 
school year. 
"(d) CONSTRUCTION.—Nothing in this section shall be construed 
to alter or otherwise affect the rights, remedies, and procedures 
afforded school or school district employees under Federal, State, 
or local laws (including applicable regulations or court orders) or 
under the terms of collective bargaining agreements, memoranda 
of understanding, or other agreements between such employees 
and their employers. 
"(e) SUPPLEMENTAL EDUCATIONAL SERVICES.— 
"(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case 
of any school described in paragraph (5), (7), or (8) of subsection 
(b), the local educational agency serving such school shall, 
subject to this subsection, arrange for the provision of supple-
mental educational services to eligible children in the school 
from a provider with a demonstrated record of effectiveness, 
that is selected by the parents and approved for that purpose 
by the State educational agency in accordance with reasonable 
criteria, consistent with paragraph (5), that the State edu-
cational agency shall adopt. 
"(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each 
local educational agency subject to this subsection shall— 
"(A) provide, at a minimum, annual notice to parents 
(in an understandable and uniform format and, to the 
extent practicable, in a language the parents can under-
stand) of— 
"(i) the availability of services under this sub-
section; 
Notice. 
Deadline. 
Publication. 
115 STAT. 1492 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) the identity of approved providers of those 
services that are within the local educational agency 
or whose services are reasonably available in neigh-
boring local educational agencies; and 
"(iii) a brief description of the services, qualifica-
tions, and demonstrated effectiveness of each such pro-
vider; 
"(B) if requested, assist parents in choosing a provider 
from the list of approved providers maintained by the State; 
"(C) apply fair and equitable procedures for serving 
students if the number of spaces at approved providers 
is not sufficient to serve all students; and 
"(D) not disclose to the public the identity of any stu-
dent who is eligible for, or receiving, supplemental edu-
cational services under this subsection without the written 
permission of the parents of the student. 
"(3) AGREEMENT.—In the case of the selection of an 
approved provider by a parent, the local educational agency 
shall enter into an agreement with such provider. Such agree-
ment shall— 
"(A) require the local educational agency to develop, 
in consultation with parents (and the provider chosen by 
the parents), a statement of specific achievement goals 
for the student, how the student's progress will be meas-
ured, and a timetable for improving achievement that, 
in the case of a student with disabilities, is consistent 
with the student's individualized education program under 
section 614(d) of the Individuals with Disabilities Education 
Act; 
"(B) describe how the student's parents and the stu-
dent's teacher or teachers will be regularly informed of 
the student's progress; 
"(C) provide for the termination of such agreement 
if the provider is unable to meet such goals and timetables; 
"(D) contain provisions with respect to the making 
of payments to the provider by the local educational agency; 
and 
"(E) prohibit the provider from disclosing to the public 
the identity of any student eligible for, or receiving, supple-
mental educational services under this subsection without 
the written permission of the parents of such student. 
"(4) 
STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—^A 
State educational agency shall— 
"(A) in consultation with local educational agencies, 
parents, teachers, and other interested members of the 
public, promote maximum participation by providers to 
ensure, to the extent practicable, that parents have as 
many choices as possible; 
"(B) develop and apply objective criteria, consistent 
with paragraph (5), to potential providers that are based 
on a demonstrated record of effectiveness in increasing 
the academic proficiency of students in subjects relevant 
to meeting the State academic content and student achieve-
ment standards adopted under section 1111(b)(1); 
Records. 
"(C) maintain an updated list of approved providers 
across the State, by school district, from which parents 
may select; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1493 
"(D) develop, implement, and publicly report on stand-
ards and techniques for monitoring the quality and 
effectiveness of the services offered by approved providers 
under this subsection, and for withdrawing approval from 
providers that fail, for 2 consecutive years, to contribute 
to increasing the academic proficiency of students served 
under this subsection as described in subparagraph (B); 
and 
"(E) provide annual notice to potential providers of 
supplemental educational services of the opportunity to 
provide services under this subsection and of the applicable 
procedures for obtaining approval from the State edu-
cational agency to be an approved provider of those serv-
ices. 
"(5) CRITERIA FOR PROVIDERS.—In order for a provider to 
be included on the State list under paragraph (4)(C), a provider 
shall agree to carry out the following: 
"(A) Provide parents of children receiving supplemental 
educational services under this subsection and the appro-
priate local educational agency with information on the 
progress of the children in increasing achievement, in a 
format and, to the extent practicable, a language that 
such parents can understand. 
"(B) Ensure that instruction provided and content used 
by the provider are consistent with the instruction provided 
and content used by the local educational agency and State, 
and are aligned with State student academic achievement 
standards. 
"(C) Meet all applicable Federal, State, and local 
health, safety, and civil rights laws. 
"(D) Ensure that all instruction and content under 
this subsection are secular, neutral, and nonideological. 
"(6) 
AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERV-
ICES.—The amount that a local educational agency shall make 
available for supplemental educational services for each child 
receiving those services under this subsection shall be the lesser 
of— 
"(A) the amount of the agency's allocation under sub-
part 2, divided by the number of children from families 
below the poverty level counted under section 1124(c)(1)(A); 
or 
"(B) the actual costs of the supplemental educational 
services received by the child. 
"(7) 
FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.— 
Each State educational agency may use funds that the agency 
reserves under this part, and part A of title V, to assist local 
educational agencies that do not have sufficient funds to provide 
services under 
this 
subsection 
for all eligible 
students 
requesting such services. 
"(8) DURATION.—The local educational agency shall con-
tinue to provide supplemental educational services to a child 
receiving such services under this subsection until the end 
of the school year in which such services were first received. 
"(9) PROHIBITION.—Nothing contained in this subsection 
shall permit the making of any payment for religious worship 
or instruction. 
"(10) WAIVER.— 
Reports. 
Public 
information. 
Notice. 
115 STAT. 1494 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) REQUIREMENT.—At the request of a local edu-
cational agency, a State educational agency may waive, 
in whole or in part, the requirement of this subsection 
to provide supplemental educational services if the State 
educational agency determines that— 
"(i) none of the providers of those services on the 
list approved by the State educational agency under 
paragraph (4)(C) makes those services available in the 
area served by the local educational agency or within 
a reasonable distance of that area; and 
"(ii) the local educational agency provides evidence 
that it is not able to provide those services. 
Deadline. 
"(B) NOTIFICATION.—The State educational agency 
shall notify the local educational agency, within 30 days 
of receiving the local educational agency's request for a 
waiver under subparagraph (A), whether the request is 
approved or disapproved and, if disapproved, the reasons 
for the disapproval, in writing. 
"(11) SPECIAL RULE.—If State law prohibits a State edu-
cational agency from carrying out one or more of its responsibil-
ities under paragraph (4) with respect to those who provide, 
or seek approval to provide, supplemental educational services, 
each local educational agency in the State shall carry out 
those responsibilities with respect to its students who are 
eligible for those services. 
"(12) DEFINITIONS.—In this subsection— 
"(A) the term 'eligible child' means a child from a 
low-income family, as determined by the local educational 
agency for purposes of allocating funds to schools under 
section 1113(c)(1); 
"(B) the term 'provider' means a non-profit entity, a 
for-profit entity, or a local educational agency that— 
"(i) has a demonstrated record of effectiveness in 
increasing student academic achievement; 
"(ii) is capable of providing supplemental edu-
cational services that are consistent with the instruc-
tional program of the local educational agency and 
the academic standards described under section 1111; 
and 
"(iii) is financially sound; and 
"(C) the term 'supplemental educational services' 
means tutoring and other supplemental academic enrich-
ment services that are— 
"(i) in addition to instruction provided during the 
school day; and 
"(ii) are of high quality, research-based, and 
specifically designed to increase the academic achieve-
ment of eligible children on the academic assessments 
required under section 1111 and attain proficiency in 
meeting the State's academic achievement standards. 
"(f) SCHOOLS AND L E A S PREVIOUSLY IDENTIFIED FOR IMPROVE-
MENT OR CORRECTIVE ACTION.— 
"(1) SCHOOLS.— 
"(A) SCHOOL IMPROVEMENT.— 
"(i) 
SCHOOLS IN 
SCHOOL-IMPROVEMENT STATUS 
BEFORE DATE OF ENACTMENT.—^Any school that was 
in the first year of school improvement status under 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1495 
this section on the day preceding the date of enactment 
of the No Child Left Behind Act of 2001 (as this section 
was in effect on such day) shall be treated by the 
local educational agency as a school that is in the 
first year of school improvement status under para-
graph (1). 
"(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS FOR 
2 OR MORE YEARS BEFORE DATE OF ENACTMENT.—Any 
school that was in school improvement status under 
this section for two or more consecutive school years 
preceding the date of enactment of the No Child Left 
Behind Act of 2001 (as this section was in effect on 
such day) shall be treated by the local educational 
agency as a school described in subsection (b)(5). 
"(B) CORRECTIVE ACTION.—Any school that was in 
corrective action status under this section on the day pre-
ceding the date of enactment of the No Child Left Behind 
Act of 2001 (as this section was in effect on such day) 
shall be treated by the local educational agency as a school 
described in paragraph (7). 
"(2) LEAS.— 
"(A) LEA IMPROVEMENT.—A State shall identify for 
improvement under subsection (c)(3) any local educational 
agency that was in improvement status under this section 
as this section was in effect on the day preceding the 
date of enactment of the No Child Left Behind Act of 
2001. 
"(B) CORRECTIVE ACTION.—^A State shall identify for 
corrective action under subsection (c)(10) any local edu-
cational agency that was in corrective action status under 
this section as this section was in effect on the day pre-
ceding the date of enactment of the No Child Left Behind 
Act of 2001. 
"(C) SPECIAL RULE.—For the schools and other local Deadline, 
educational agencies described under paragraphs (1) and 
(2), as required, the State shall ensure that public school 
choice in accordance with subparagraphs (b)(1)(E) and (F) 
and supplemental education services in accordance with 
subsection (e) are provided not later than the first day 
of the 2002-2003 school year. 
"(D) TRANSITION.—With respect to a determination 
that a local educational agency has for 2 consecutive years 
failed to make adequate yearly progress as defined in the 
State plan under section 1111(b)(2), such determination 
shall include in such 2-year period any continuous period 
of time immediately preceding the date of enactment of 
the No Child Left Behind Act of 2001 during which the 
agency has failed to make such progress. 
"(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.— 
"(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED 
SCHOOLS.— 
"(A) DEVELOPMENT OF DEFINITION.— 
"(i) DEFINITION.—The Secretary of the Interior, in 
consultation with the Secretary if the Secretary of 
Interior requests the consultation, using the process 
set out in section 1138(b) of the Education Amend-
ments of 1978, shall define adequate yearly progress, 
115 STAT. 1496 
PUBLIC LAW 107-110—JAN. 8, 2002 
consistent with section 1111(b), for the schools funded 
by the Bureau of Indian Affairs on a regional or tribal 
basis, as appropriate, taking into account the unique 
circumstances and needs of such schools and the stu-
dents served by such schools. 
"(ii) USE OF DEFINITION.—The Secretary of the 
Interior, consistent with clause (i), may use the defini-
tion of adequate yearly progress that the State in 
which the school that is funded by the Bureau is 
located uses consistent with section 1111(b), or in the 
case of schools that are located in more than one State, 
the Secretary of the Interior may use whichever State 
definition of adequate yearly progress that best meets 
the unique circumstances and needs of such school 
or schools and the students the schools serve. 
"(B) WAIVER.—The tribal governing body or school 
board of a school funded by the Bureau of Indian Affairs 
may waive, in part or in whole, the definition of adequate 
yearly progress established pursuant to paragraph (A) 
where such definition is determined by such body or school 
Deadline. 
board to be inappropriate. If such definition is waived, 
the tribal governing body or school board shall, within 
60 days thereafter, submit to the Secretary of Interior 
a proposal for an alternative definition of adequate yearly 
progress, consistent with section 1111(b), that takes into 
account the unique circumstances and needs of such school 
or schools and the students served. The Secretary of the 
Interior, in consultation with the Secretary if the Secretary 
of Interior requests the consultation, shall approve such 
alternative definition unless the Secretary determines that 
the definition does not meet the requirements of section 
1111(b), taking into account the unique circumstances and 
needs of such school or schools and the students served. 
"(C) TECHNICAL ASSISTANCE.—The Secretary of Interior 
shall, in consultation with the Secretary if the Secretary 
of Interior requests the consultation, either directly or 
through a contract, provide technical assistance, upon 
request, to a tribal governing body or school board of a 
school funded by the Bureau of Indian Affairs that seeks 
to develop an alternative definition of adequate yearly 
progress. 
"(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes 
of this section, schools funded by the Bureau of Indian Affairs 
shall be considered schools subject to subsection (b), as specifi-
cally provided for in this subsection, except that such schools 
shall not be subject to subsection (c), or the requirements 
to provide public school choice and supplemental educational 
services under subsections (b) and (e). 
"(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.— 
"(A) CONTRACT AND GRANT SCHOOLS.—For a school 
funded by the Bureau of Indian Affairs which is operated 
under a contract issued by the Secretary of the Interior 
pursuant to the Indian Self-Determination Act (25 U.S.C. 
450 et seq.) or under a grant issued by the Secretary 
of the Interior pursuant to the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2501 et seq.), the school board 
^f3&-
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1497 
of such school shall be responsible for meeting the require-
ments of subsection (b) relating to development and 
implementation of any school improvement 
plan as 
described in subsections (b)(1) through (b)(3), and sub-
section (b)(5), other than subsection (b)(1)(E). The Bureau 
of Indian Affairs shall be responsible for meeting the 
requirements of subsection (b)(4) relating to technical 
assistance. 
"(B) BUREAU OPERATED SCHOOLS.—For schools operated 
by the Bureau of Indian Affairs, the Bureau shall be 
responsible for meeting the requirements of subsection (b) 
relating to development and implementation of any school 
improvement plan as described in subsections (b)(1) 
through (b)(5), other than subsection (b)(1)(E). 
"(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAU-
F U N D E D SCHOOLS.— 
"(A) CONTRACT AND GRANT SCHOOLS.—For a school 
funded by the Bureau of Indian Affairs which is operated 
under a contract issued by the Secretary of the Interior 
pursuant to the Indian Self-Determination Act (25 U.S.C. 
450 et seq.) or under a grant issued by the Secretary 
of the Interior pursuant to the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2501 et seq.), the school board 
of such school shall be responsible for meeting the require-
ments of subsection (b) relating to corrective action and 
restructuring as described in subsection (b)(7) and (b)(8). 
Any action taken by such school board under subsection 
(b)(7) or (b)(8) shall take into account the unique cir-
cumstances and structure of the Bureau of Indian Affairs-
funded school system and the laws governing that system. 
"(B) BUREAU OPERATED SCHOOLS.—^For schools operated 
by the Bureau of Indian Affairs, the Bureau shall be 
responsible for meeting the requirements of subsection (b) 
relating to corrective action and restructuring as described 
in subsection (b)(7) and (b)(8). Any action taken by the 
Bureau under subsection (b)(7) or (b)(8) shall take into 
account the unique circumstances and structure of the 
Bureau of Indian Affairs-funded school system and the 
laws governing that system. 
"(5) ANNUAL REPORT.—On an annual basis, the Secretary 
of the Interior shall report to the Secretary of Education and 
to the appropriate committees of Congress regarding any 
schools funded by the Bureau of Indian Affairs which have 
been identified for school improvement. Such report shall 
include— 
"(A) the identity of each school; 
"(B) a statement from each affected school board 
regarding the factors that lead to such identification; and 
"(C) an analysis by the Secretary of the Interior, in 
consultation with the Secretary if the Secretary of Interior 
requests the consultation, as to whether sufficient resources 
were available to enable such school to achieve adequate 
yearly progress. 
"(h) OTHER AGENCIES.—^After receiving the notice described 
in subsection (b)(14)(D), the Secretary may notify, to the extent 
89-194 O - 03 -17 OL 3 Part 2
115 STAT. 1498 
PUBLIC LAW 107-llO^JAN. 8, 2002 
feasible and necessary as determined by the Secretary, other rel-
evant Federal agencies regarding the major factors that were deter-
mined by the State educational agency to have significantly affected 
student academic achievement. 
20 use 6317. 
"SEC. 1117. SCHOOL SUPPORT AND RECOGNITION. 
"(a) SYSTEM FOR SUPPORT.— 
"(1) IN GENERAL.—Each State shall establish a statewide 
system of intensive and sustained support and improvement 
for local educational agencies and schools receiving funds under 
this part, in order to increase the opportunity for all students 
served by those agencies and schools to meet the State's aca-
demic content standards and student academic achievement 
standards. 
"(2) PRIORITIES.—In carrying out this subsection, a State 
shall— 
"(A) first, provide support and assistance to local edu-
cational agencies with schools subject to corrective action 
under section 1116 and assist those schools, in accordance 
with section 1116(b)(ll), for which a local educational 
agency has failed to carry out its responsibilities under 
paragraphs (7) and (8) of section 1116(b); 
"(B) second, provide support and assistance to other 
local educational agencies with schools identified as in 
need of improvement under section 1116(b); and 
"(C) third, provide support and assistance to other 
local educational agencies and schools participating under 
this part that need that support and assistance in order 
to achieve the purpose of this part. 
"(3) REGIONAL CENTERS.—Such a statewide system shall, 
to the extent practicable, work with and receive support and 
assistance from the comprehensive regional technical assistance 
centers and the regional educational laboratories under section 
941(h) of the Educational Research, Development, Dissemina-
tion, and Improvement Act of 1994, or other providers of tech-
nical assistance. 
"(4) STATEWIDE SYSTEM.— 
"(A) In order to achieve the purpose described in para-
graph (1), the statewide system shall include, at a min-
imum, the following approaches: 
"(i) Establishing school support teams in accord-
ance with subparagraph (C) for assignment to, and 
working in, schools in the State that are described 
in paragraph (2). 
"(ii) Providing such support as the State edu-
cational agency determines necessary and available 
in order to ensure the effectiveness of such teams, 
"(iii) Designating and using distinguished teachers 
and principals who are chosen from schools served 
under this part that have been especially successful 
in improving academic achievement. 
"(iv) Devising additional approaches to providing 
the assistance described in paragraph (1), such as pro-
viding assistance through institutions of higher edu-
cation and educational service agencies or other local 
consortia, and private providers of scientifically based 
technical assistance. 
'«a='^'-*.-"-\«i« 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1499 
"(B) PRIORITY.—The State educational agency shall 
give priority to the approach described in clause (i) of 
subparagraph (A). 
"(5) SCHOOL SUPPORT TEAMS.— 
"(A) COMPOSITION.—Each school support team estab-
lished under this section shall be composed of persons 
knowledgeable about scientifically based research and prac-
tice on teaching and learning and about 
successful 
schoolwide projects, school reform, and improving edu-
cational 
opportunities 
for 
low-achieving 
students, 
including— 
"(i) highly qualified or distinguished teachers and 
principals; 
"(ii) pupil services personnel; 
"(iii) parents; 
"(iv) representatives of institutions of higher edu-
cation; 
"(v) representatives of regional educational labora-
tories or comprehensive regional technical assistance 
centers; 
"(vi) representatives of outside consultant groups; 
or 
"(vii) other individuals as the State educational 
agency, in consultation with the local educational 
agency, may determine appropriate. 
"(B) FUNCTIONS.—Each school support team assigned 
to a school under this section shall— 
"(i) review and analyze all facets of the school's 
operation, including the design and operation of the 
instructional program, and assist the school in devel-
oping recommendations for improving student perform-
ance in that school; 
"(ii) collaborate with parents and school staff and 
the local educational agency serving the school in the 
design, implementation, and monitoring of a plan that, 
if fully implemented, can reasonably be expected to 
improve student performance and help the school meet 
its goals for improvement, including adequate yearly 
progress under section 1111(b)(2)(B); 
"(iii) evaluate, at least semiannually, the effective-
ness of school personnel assigned to the school, 
including identifying outstanding teachers and prin-
cipals, and make findings and recommendations to the 
school, the local educational agency, and, where appro-
priate, the State educational agency; and 
"(iv) make additional recommendations as the 
school implements the plan described in clause (ii) 
to the local educational agency and the State edu-
cational agency concerning additional assistance that 
is needed by the school or the school support team. 
"(C) CONTINUATION OF ASSISTANCE.—After one school 
year, from the beginning of the activities, such school sup-
port team, in consultation with the local educational 
agency, may recommend that the school support team con-
tinue to provide assistance to the school, or that the local 
educational agency or the State educational agency, as 
115 STAT. 1500 
PUBLIC LAW 107-110-JAN. 8, 2002 
appropriate, take alternative actions with regard to the 
school. 
"(b) STATE RECOGNITION.— 
"(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.— 
"(A) IN GENERAL.—Each State receiving a grant under 
this part— 
"(i) shall establish a program for making academic 
achievement awards to recognize schools that meet 
the criteria described in subparagraph (B); and 
"(ii) as appropriate and as funds are available 
under subsection (c)(2)(A), may financially reward 
schools served under this part that meet the criteria 
described in clause (ii). 
"(B) CRITERIA.—The criteria referred to in subpara-
graph (A) are that a school— 
"(i) significantly 
closed the achievement gap 
between the groups of students described in section 
1111(b)(2); or 
"(ii) exceeded their adequate yearly progress, con-
sistent with section 1111(b)(2), for 2 or more consecu-
tive years. 
"(2) DISTINGUISHED SCHOOLS.—Of those schools meeting 
the criteria described in paragraph (2), each State shall des-
ignate as distinguished schools those schools that have made 
the greatest gains in closing the achievement gap as described 
in subparagraph (B)(i) or exceeding adequate yearly progress 
as described in subparagraph (B)(ii). Such distinguished schools 
may serve as models for and provide support to other schools, 
especially schools identified for improvement under section 
1116, to assist such schools in meeting the State's academic 
content standards and student academic achievement stand-
ards. 
"(3) AWARDS TO TEACHERS.—^A State program under para-
graph (1) may also recognize and provide financial awards 
to teachers teaching in a school described in such paragraph 
that consistently makes significant gains in academic achieve-
ment in the areas in which the teacher provides instruction, 
or to teachers or principals designated as distinguished under 
subsection (a)(4)(A)(iii). 
"(c) FUNDING.— 
"(1) IN GENERAL.—Each State— 
"(A) shall use funds reserved under section 1003(a) 
and may use funds made available under section 1003(g) 
for the approaches described under subsection (a)(4)(A); 
and 
"(B) shall use State administrative funds authorized 
under section 1004(a) to establish the statewide system 
of support described under subsection (a). 
"(2) RESERVATIONS OF FUNDS BY STATE.— 
"(A) AWARDS PROGRAM.—For the purpose of carrying 
out subsection (b)(1), each State receiving a grant under 
this part may reserve, from the amount (if any) by which 
the funds received by the State under subpart 2 for a 
fiscal year exceed the amount received by the State under 
that subpart for the preceding fiscal year, not more than 
5 percent of such excess amount. 
-;;-< ~,«;--~.f^\J£rV 
•"."-.• 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1501 
"(B) TEACHER AWARDS.—For the purpose of carrying 
out subsection (b)(3), a State educational agency may 
reserve such funds as necessary from funds made available 
under section 2113. 
"(3) USE WITHIN 3 YEARS.—Notwithstanding any other 
provision of law, the amount reserved under subparagraph 
(A) by a State for each fiscal year shall remain available to 
the State until expended for a period not exceeding 3 years 
receipt of funds. 
"(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POV-
ERTY AREAS.— 
"(A) IN GENERAL.—Each State shall distribute not less 
than 75 percent of any amount reserved under paragraph 
(2)(A) for each fiscal year to schools described in subpara-
graph (B), or to teachers in those schools consistent with 
subsection (b)(3). 
"(B) 
SCHOOL 
DESCRIBED.—^A 
school 
described 
in 
subparagraph (A) is a school whose student population 
is in the highest quartile of schools statewide in terms 
of the percentage of children from low income families. 
"SEC. 1118. PARENTAL INVOLVEMENT. 
20 USC 6318. 
"(a) LOCAL EDUCATIONAL AGENCY POLICY.— 
"(1) IN GENERAL.—^A local educational agency may receive 
funds under this part only if such agency implements programs, 
activities, and procedures for the involvement of parents in 
programs assisted under this part consistent with this section. 
Such programs, activities, and procedures shall be planned 
and implemented with meaningful consultation with parents 
of participating children. 
"(2) WRITTEN POLICY.—Each local educational agency that 
receives funds under this part shall develop jointly with, agree 
on with, and distribute to, parents of participating children 
a written parent involvement policy. The policy shall be incor-
porated into the local educational agency's plan developed under 
section 1112, establish the agency's expectations for parent 
involvement, and describe how the agency will— 
"(A) involve parents in the joint development of the 
plan under section 1112, and the process of school review 
and improvement under section 1116; 
"(B) provide the coordination, technical assistance, and 
other support necessary to assist participating schools in 
planning and implementing effective parent involvement 
activities to improve student academic achievement and 
school performance; 
"(C) build the schools' and parents' capacity for strong 
parental involvement as described in subsection (e); 
"(D) coordinate and integrate parental involvement 
strategies under this part with parental involvement strate-
gies under other programs, such as the Head Start pro-
gram, Reading First program. Early Reading First pro-
gram, Even Start program. Parents as Teachers program, 
and Home Instruction Program for Preschool Youngsters, 
and State-run preschool programs; 
"(E) conduct, with the involvement of parents, an 
annual evaluation of the content and effectiveness of the 
parental involvement policy in improving the academic 
115 STAT. 1502 
PUBLIC LAW 107-110-JAN. 8, 2002 
Notification. 
Public 
information. 
quality of the schools served under this part, including 
identifying barriers to greater participation by parents in 
activities authorized by this section (with particular atten-
tion to parents who are economically disadvantaged, are 
disabled, have limited English proficiency, have limited 
literacy, or are of any racial or ethnic minority background), 
and use the findings of such evaluation to design strategies 
for more effective parental involvement, and to revise, if 
necessary, the parental involvement policies described in 
this section; and 
"(F) involve parents in the activities of the schools 
served under this part. 
"(3) RESERVATION.— 
"(A) IN GENERAL.—Each local educational agency shall 
reserve not less than 1 percent of such agency's allocation 
under subpart 2 of this part to carry out this section, 
including promoting family literacy and parenting skills, 
except that this paragraph shall not apply if 1 percent 
of such agency's allocation under subpart 2 of this part 
for the fiscal year for which the determination is made 
is $5,000 or less. 
"(B) PARENTAL INPUT.—Parents of children receiving 
services under this part shall be involved in the decisions 
regarding how funds reserved under subparagraph (A) are 
allotted for parental involvement activities. 
"(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent 
of the funds reserved under subparagraph (A) shall be 
distributed to schools served under this part. 
"(b) SCHOOL PARENTAL INVOLVEMENT POLICY.— 
"(1) IN GENERAL.—Each school served under this part shall 
jointly develop with, and distribute to, parents of participating 
children a written parental involvement policy, agreed on by 
such parents, that shall describe the means for carrying out 
the requirements of subsections (c) through (f). Parents shall 
be notified of the policy in an understandable and uniform 
format and, to the extent practicable, provided in a language 
the parents can understand. Such policy shall be made available 
to the local community and updated periodically to meet the 
changing needs of parents and the school. 
"(2) SPECIAL RULE.—If the school has a parental involve-
ment policy that applies to all parents, such school may amend 
that policy, if necessary, to meet the requirements of this sub-
section. 
"(3) AMENDMENT.—If the local educational agency involved 
has a school district-level parental involvement policy that 
applies to all parents, such agency may amend that policy, 
if necessary, to meet the requirements of this subsection. 
"(4) PARENTAL COMMENTS.—If the plan under section 1112 
is not satisfactory to the parents of participating children, 
the local educational agency shall submit any parent comments 
with such plan when such local educational agency submits 
the plan to the State. 
"(c) POLICY INVOLVEMENT.—Each school served under this part 
shall— 
"(1) convene an annual meeting, at a convenient time, 
to which all parents of participating children shall be invited 
and encouraged to attend, to inform parents of their school's 
f"'-*s?;#Js^ 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1503 
participation under this part and to explain the requirements 
of this part, and the right of the parents to be involved; 
"(2) offer a flexible number of meetings, such as meetings 
in the morning or evening, and may provide, with funds pro-
vided under this part, transportation, child care, or home visits, 
as such services relate to parental involvement; 
"(3) involve parents, in an organized, ongoing, and timely 
way, in the planning, review, and improvement of programs 
under this part, including the planning, review, and improve-
ment of the school parental involvement policy and the joint 
development of the schoolwide program plan under section 
1114(b)(2), except that if a school has in place a process for 
involving parents in the joint planning and design of the school's 
programs, the school may use that process, if such process 
includes an adequate representation of parents of participating 
children; 
"(4) provide parents of participating children— 
"(A) timely information about programs under this 
part; 
"(B) a description and explanation of the curriculum 
in use at the school, the forms of academic assessment 
used to measure student progress, and the proficiency 
levels students are expected to meet; and 
"(C) if requested by parents, opportunities for regular 
meetings to formulate suggestions and to participate, as 
appropriate, in decisions relating to the education of their 
children, and respond to any such suggestions as soon 
as practicably possible; and 
"(5) if the schoolwide program plan under section 1114(b)(2) 
is not satisfactory to the parents of participating children, 
submit any parent comments on the plan when the school 
makes the plan available to the local educational agency. 
"(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC 
ACHIEVEMENT.—^As a component of the school-level parental involve-
ment policy developed under subsection (b), each school served 
under this part shall jointly develop with parents for all children 
served under this part a school-parent compact that outlines how 
parents, the entire school staff, and students will share the responsi-
bility for improved student academic achievement and the means 
by which the school and parents will build and develop a partner-
ship to help children achieve the State's high standards. Such 
compact shall— 
"(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and effective 
learning environment that enables the children served under 
this part to meet the State's student academic achievement 
standards, and the ways in which each parent will be respon-
sible for supporting their children's learning, such as monitoring 
attendance, homework completion, and television watching; vol-
unteering in their child's classroom; and participating, as appro-
priate, in decisions relating to the education of their children 
and positive use of extracurricular time; and 
"(2) address the importance of communication between 
teachers and parents on an ongoing basis through, at a 
minimum— 
115 STAT. 1504 
PUBLIC LAW 107-110-^JAN. 8, 2002 
"(A) parent-teacher conferences in elementary schools, 
at least annually, during which the compact shall be dis-
cussed as the compact relates to the individual child's 
achievement; 
"(B) frequent reports to parents on their children's 
progress; and 
"(C) reasonable access to staff, opportunities to volun-
teer and participate in their child's class, and observation 
of classroom activities. 
"(e) BUILDING CAPACITY FOR INVOLVEMENT.—TO ensure effective 
involvement of parents and to support a partnership among the 
school involved, parents, and the community to improve student 
academic achievement, each school and local educational agency 
assisted under this part— 
"(1) shall provide assistance to parents of children served 
by the school or local educational agency, as appropriate, in 
understanding such topics as the State's academic content 
standards and State student academic achievement standards. 
State and local academic assessments, the requirements of 
this part, and how to monitor a child's progress and work 
with educators to improve the achievement of their children; 
"(2) shall provide materials and training to help parents 
to work with their children to improve their children's achieve-
ment, such as literacy training and using technology, as appro-
priate, to foster parental involvement; 
"(3) shall educate teachers, pupil services personnel, prin-
cipals, and other staff, with the assistance of parents, in the 
value and utility of contributions of parents, and in how to 
reach out to, communicate with, and work with parents as 
equal partners, implement and coordinate parent programs, 
and build ties between parents and the school; 
"(4) shall, to the extent feasible and appropriate, coordinate 
and integrate parent involvement programs and activities with 
Head Start, Reading First, Early Reading First, Even Start, 
the Home Instruction Programs for Preschool Youngsters, the 
Parents as Teachers Program, and public preschool and other 
programs, and conduct other activities, such as parent resource 
centers, that encourage and support parents in more fully 
participating in the education of their children; 
"(5) shall ensure that information related to school and 
parent programs, meetings, and other activities is sent to the 
parents of participating children in a format and, to the extent 
practicable, in a language the parents can understand; 
"(6) may involve parents in the development of training 
for teachers, principals, and other educators to improve the 
effectiveness of such training; 
"(7) may provide necessary literacy training from funds 
received under this part if the local educational agency has 
exhausted all other reasonably available sources of funding 
for such training; 
"(8) may pay reasonable and necessary expenses associated 
with local parental involvement activities, including transpor-
tation and child care costs, to enable parents to participate 
in school-related meetings and training sessions; 
"(9) may train parents to enhance the involvement of other 
parents; 
,>^wsi5: 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1505 
"(10) may arrange school meetings at a variety of times, 
or conduct in-home conferences between teachers or other edu-
cators, who work directly with participating children, with par-
ents who are unable to attend such conferences at school, 
in order to maximize parental involvement and participation; 
"(11) may adopt and implement model approaches to 
improving parental involvement; 
"(12) may establish a districtwide parent advisory council 
to provide advice on all matters related to parental involvement 
in programs supported under this section; 
"(13) may develop appropriate roles for community-based 
organizations and businesses in parent involvement activities; 
and 
"(14) shall provide such other reasonable support for 
parental involvement activities under this section as parents 
may request. 
"(f) ACCESSIBILITY.—In carrying out the parental involvement 
requirements of this part, local educational agencies and schools, 
to the extent practicable, shall provide full opportunities for the 
participation of parents with limited English proficiency, parents 
with disabilities, and parents of migratory children, including pro-
viding information and school reports required under section 1111 
in a format and, to the extent practicable, in a language such 
parents understand. 
"(g) INFORMATION FROM PARENTAL INFORMATION AND RESOURCE 
CENTERS.—In a State where a parental information and resource 
center is established to provide training, information, and support 
to parents and individuals who work with local parents, local edu-
cational agencies, and schools receiving assistance under this part, 
each local educational agency or school that receives assistance 
under this part and is located in the State shall assist parents 
and parental organizations by informing such parents and organiza-
tions of the existence and purpose of such centers. 
"(h) REVIEW.—The State educational agency shall review the 
local educational agency's parental involvement policies and prac-
tices to determine if the policies and practices meet the require-
ments of this section. 
"SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFES- 20 USC 6319. 
SIGNALS. 
"(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJECTIVES.— 
"(1) IN GENERAL.—Beginning with the first day of the first 
school year after the date of enactment of the No Child Left 
Behind Act of 2001, each local educational agency receiving 
assistance under this part shall ensure that all teachers hired 
after such day and teaching in a program supported with 
funds under this part are highly qualified. 
"(2) STATE PLAN.—^As part of the plan described in section 
1111, each State educational agency receiving assistance under 
this part shall develop a plan to ensure that all teachers 
teaching in core academic subjects within the State are highly 
qualified not later than the end of the 2005-2006 school year. 
Such plan shall establish annual measurable objectives for 
each local educational agency and school that, at a minimum— 
"(A) shall include an annual increase in the percentage Deadline. 
of highly qualified teachers at each local educational agency 
and school, to ensure that all teachers teaching in core 
115 STAT. 1506 
PUBLIC LAW 107-110-JAN. 8, 2002 
Deadline. 
Deadlines. 
academic subjects in each public elementary school and 
secondary school are highly qualified not later than the 
end of the 2005-2006 school year; 
"(B) shall include an annual increase in the percentage 
of teachers who are receiving high-quality professional 
development to enable such teachers to become highly 
qualified and successful classroom teachers; and 
"(C) may include such other measures as the State 
educational agency determines to be appropriate to increase 
teacher qualifications. 
"(3) LOCAL PLAN.—^As part of the plan described in section 
1112, each local educational agency receiving assistance under 
this part shall develop a plan to ensure that all teachers 
teaching within the school district served by the local edu-
cational agency are highly qualified not later than the end 
of the 2005-2006 school year. 
"(b) REPORTS.— 
"(1) ANNUAL STATE AND LOCAL REPORTS.— 
"(A) LOCAL REPORTS.—Each State educational agency 
described in subsection (a)(2) shall require each local edu-
cational agency receiving funds under this part to publicly 
report, each year, beginning with the 2002-2003 school 
year, the annual progress of the local educational agency 
as a whole and of each of the schools served by the agency, 
in meeting the measurable objectives described in sub-
section (a)(2). 
"(B) STATE REPORTS.—Each State educational agency 
receiving assistance under this part shall prepare and 
submit each year, beginning with the 2002-2003 school 
year, a report to the Secretary, describing the State edu-
cational agency's progress in meeting the measurable objec-
tives described in subsection (a)(2). 
"(C) INFORMATION FROM OTHER REPORTS.—^A State edu-
cational agency or local educational agency may submit 
information from the reports described in section 1111(h) 
for the purposes of this subsection, if such report is modi-
fied, as may be necessary, to contain the information 
required by this subsection, and may submit such informa-
tion as a part of the reports required under section 1111(h). 
"(2) ANNUAL REPORTS BY THE SECRETARY.—Each year, 
beginning with the 2002-2003 school year, the Secretary shall 
publicly report the annual progress of State educational agen-
cies, local educational agencies, and schools, in meeting the 
measurable objectives described in subsection (a)(2). 
"(c) NEW PARAPROFESSIONALS.— 
"(1) IN GENERAL.—Each local educational agency receiving 
assistance under this part shall ensure that all paraprofes-
sionals hired after the date of enactment of the No Child 
Left Behind Act of 2001 and working in a program supported 
with funds under this part shall have— 
"(A) completed at least 2 years of study at an institu-
tion of higher education; 
"(B) obtained an associate's (or higher) degree; or 
"(C) met a rigorous standard of quality and can dem-
onstrate, through a formal 
State or. local academic 
assessment— 
\' 
^fH.*. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1507 
"(i) knowledge of, and the ability to assist in 
instructing, reading, writing, and mathematics; or 
"(ii) knowledge of, and the ability to assist in 
instructing, reading readiness, writing readiness, and 
mathematics readiness, as appropriate. 
"(2) CLARIFICATION.—The receipt of a secondary school 
diploma (or its recognized equivalent) shall be necessary but 
not sufficient to satisfy the requirements of paragraph (1)(C). 
"(d) EXISTING PARAPROFESSIONALS.—Each local educational Deadline, 
agency receiving assistance under this part shall ensure that all 
paraprofessionals hired before the date of enactment of the No 
Child Left Behind Act of 2001, and working in a program supported 
with funds under this part shall, not later than 4 years after 
the date of enactment satisfy the requirements of subsection (c). 
"(e) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVE-
MENT ACTIVITIES.—Subsections (c) and (d) shall not apply to a 
p 
araprofes 
sional— 
"(1) who is proficient in English and a language other 
than English and who provides services primarily to enhance 
the participation of children in programs under this part by 
acting as a translator; or 
"(2) whose duties consist solely of conducting parental 
involvement activities consistent with section 1118. 
"(f) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.— 
Each local educational agency receiving assistance under this part 
shall ensure that all paraprofessionals working in a program sup-
ported with funds under this part, regardless of the paraprofes-
sionals' hiring date, have earned a secondary school diploma or 
its recognized equivalent. 
"(g) DUTIES OF PARAPROFESSIONALS.— 
"(1) IN GENERAL.—Each local educational agency receiving 
assistance under this part shall ensure that a paraprofessional 
working in a program supported with funds under this part 
is not assigned a duty inconsistent with this subsection. 
"(2) 
RESPONSIBILITIES 
PARAPROFESSIONALS 
MAY BE 
ASSIGNED.—A paraprofessional described in paragraph (1) may 
be assigned— 
"(A) to provide one-on-one tutoring for eligible students, 
if the tutoring is scheduled at a time when a student 
would not otherwise receive instruction from a teacher; 
"(B) to assist with classroom management, such as 
organizing instructional and other materials; 
"(C) to provide assistance in a computer laboratory; 
"(D) to conduct parental involvement activities; 
"(E) to provide support in a library or media center; 
"(F) to act as a translator; or 
"(G) to provide instructional services to students in 
accordance with paragraph (3). 
"(3) 
ADDITIONAL 
LIMITATIONS.—^A 
paraprofessional 
described in paragraph (1)— 
"(A) may not provide any instructional service to a 
student unless the paraprofessional is working under the 
direct supervision of a teacher consistent with section 1119; 
and 
"(B) may assume limited duties that are assigned to 
similar personnel who are not working in a program sup-
ported with funds under this part, including duties beyond 
115 STAT. 1508 
PUBLIC LAW 107-110-^AN. 8, 2002 
classroom instruction or that do not benefit participating 
children, so long as the amount of time spent on such 
duties is the same proportion of total work time as prevails 
with respect to similar personnel at the same school. 
"(h) USE OF FUNDS.—^A local educational agency receiving funds 
under this part may use such funds to support ongoing training 
and professional development to assist teachers and paraprofes-
sionals in satisfying the requirements of this section. 
"(i) VERIFICATION OF COMPLIANCE.— 
"(1) IN GENERAL.—In verifying compliance with this section, 
each local educational agency, at a minimum, shall require 
that the principal of each school operating a program under 
section 1114 or 1115 attest annually in writing as to whether 
such school is in compliance with the requirements of this 
section. 
"(2) AVAILABILITY OF INFORMATION.—Copies of attestations 
under paragraph (1)— 
"(A) shall be maintained at each school operating a 
program under section 1114 or 1115 and at the main office 
of the local educational agency; and 
"(B) shall be available to any member of the general 
public on request. 
"0') COMBINATIONS OF FUNDS.—Funds provided under this part 
that are used for professional development purposes may be com-
bined with funds provided under title II of this Act, other Acts, 
and other sources. 
"(k) SPECIAL RULE.—Except as provided in subsection (1), no 
State educational agency shall require a school or a local educational 
agency to expend a specific amount of funds for professional develop-
ment activities under this part, except that this paragraph shall 
not apply with respect to requirements under section 1116(c)(3). 
Deadline. 
"(1) MINIMUM EXPENDITURES.—Each local educational agency 
that receives funds under this part shall use not less than 5 percent, 
or more than 10 percent, of such funds for each of fiscal years 
2002 and 2003, and not less than 5 percent of the funds for each 
subsequent fiscal year, for professional development activities to 
ensure that teachers who are not highly qualified become highly 
qualified not later than the end of the 2005-2006 school year. 
20 use 6320. 
"SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
SCHOOLS. 
"(a) GENERAL REQUIREMENT.— 
"(1) IN GENERAL.—To the extent consistent with the number 
of eligible children identified under section 1115(b) in the school 
district served by a local educational agency who are enrolled 
in private elementary schools and secondary schools, a local 
educational agency shall, after timely and meaningful consulta-
tion with appropriate private school officials, provide such chil-
dren, on an equitable basis, special educational services or 
other benefits under this part (such as dual enrollment, edu-
cational radio and television, computer equipment and mate-
rials, other technology, and mobile educational services and 
equipment) that address their needs, and shall ensure that 
teachers and families of the children participate, on an equi-
table basis, in services and activities developed pursuant to 
sections 1118 and 1119. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1509 
"(2) 
SECULAR, 
NEUTRAL, 
NONIDEOLOGICAL.—Such 
edu-
cational services or other benefits, including materials and 
equipment, shall be secular, neutral, and nonideological. 
"(3) EQUITY.—Educational services and other benefits for 
such private school children shall be equitable in comparison 
to services and other benefits for public school children partici-
pating under this part, and shall be provided in a timely 
manner. 
"(4) EXPENDITURES.—Expenditures for educational services 
and other benefits to eligible private school children shall be 
equal to the proportion of funds allocated to participating school 
attendance areas based on the number of children from low-
income families who attend private schools, which the local 
educational agency may determine each year or every 2 years. 
"(5) PROVISION OF SERVICES.—The local educational agency 
may provide services under this section directly or through 
contracts with public and private agencies, organizations, and 
institutions. 
"(b) CONSULTATION.— 
"(1) IN GENERAL.—To ensure timely and meaningful con-
sultation, a local educational agency shall consult with appro-
priate private school officials during the design and develop-
ment of such agency's programs under this part, on issues 
such as— 
"(A) how the children's needs will be identified; 
"(B) what services will be offered; 
"(C) how, where, and by whom the services will be 
provided; 
"(D) how the services will be academically assessed 
and how the results of that assessment will be used to 
improve those services; 
"(E) the size and scope of the equitable services to 
be provided to the eligible private school children, and 
the proportion of funds that is allocated under subsection 
(a)(4) for such services; 
"(F) the method or sources of data that are used under 
subsection (c) and section 1113(c)(1) to determine the 
number of children from low-income families in partici-
pating school attendance areas who attend private schools; 
"(G) how and when the agency will make decisions 
about the delivery of services to such children, including 
a thorough consideration and analysis of the views of the 
private school officials on the provision of services through 
a contract with potential third-party providers; and 
"(H) how, if the agency disagrees with the views of 
the private school officials on the provision of services 
through a contract, the local educational agency will pro-
vide in writing to such private school officials an analysis 
of the reasons why the local educational agency has chosen 
not to use a contractor. 
"(2) TIMING.—Such consultation shall include meetings of 
agency and private school officials and shall occur before the 
local educational agency makes any decision that affects the 
opportunities of eligible private school children to participate 
in programs under this part. Such meetings shall continue 
throughout implementation and assessment of services provided 
under this section. 
115 STAT. 1510 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(3) DISCUSSION.—Such consultation shall include a discus-
sion of service delivery mechanisms a local educational agency 
can use to provide equitable services to eligible private school 
children. 
"(4) DOCUMENTATION.—Each local educational agency shall 
maintain in the agency's records and provide to the State 
educational agency involved a written affirmation signed by 
officials of each participating private school that the consulta-
tion required by this section has occurred. If such officials 
do not provide such affirmation within a reasonable period 
of time, the local educational agency shall forward the docu-
mentation that such consultation has taken place to the State 
educational agency. 
"(5) COMPLIANCE.— 
"(A) IN GENERAL.—^A private school official shall have 
the right to complain to the State educational agency that 
the local educational agency did not engage in consultation 
that was meaningful and timely, or did not give due consid-
eration to the views of the private school official. 
"(B) PROCEDURE.—If the private school official wishes 
to complain, the official shall provide the basis of the 
noncompliance with this section by the local educational 
agency to the State educational agency, and the local edu-
cational agency shall forward the appropriate documenta-
tion to the State educational agency. 
"(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL 
STUDENTS.— 
"(1) CALCULATION.—^A local educational agency shall have 
the final authority, consistent with this section, to calculate 
the number of children, ages 5 through 17, who are from 
low-income families and attend private schools by— 
"(A) using the same measure of low income used to 
count public school children; 
"(B) using the results of a survey that, to the extent 
possible, protects the identity of families of private school 
students, and allowing such survey results to be extrapo-
lated if complete actual data are unavailable; 
"(C) applying the low-income percentage of each partici-
pating public school attendance area, determined pursuant 
to this section, to the number of private school children 
who reside in that school attendance area; or 
"(D) using an equated measure of low income correlated 
with the measure of low income used to count public school 
children. 
"(2) COMPLAINT PROCESS.—^Any dispute regarding low-
income data for private school students shall be subject to 
the complaint process authorized in section 9505. 
"(d) PUBLIC CONTROL OF FUNDS.— 
"(1) IN GENERAL.—The control of funds provided under 
this part, and title to materials, equipment, and property pur-
chased with such funds, shall be in a public agency, and a 
public agency shall administer such funds, materials, equip-
ment, and property. 
"(2) PROVISION OF SERVICES.— 
"(A) PROVIDER.—The provision of services under this 
section shall be provided— 
"(i) by employees of a public agency; or 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1511 
"(ii) through contract by such pubHc agency with 
an individual, association, agency, or organization. 
"(B) REQUIREMENT.—In the provision of such services, 
such employee, individual, association, agency, or organiza-
tion shall be independent of such private school and of 
any religious organization, and such employment or con-
tract shall be under the control and supervision of such 
public agency. 
"(e) STANDARDS FOR A BYPASS.—If a local educational agency 
is prohibited by law from providing for the participation in programs 
on an equitable basis of eligible children enrolled in private 
elementary schools and secondary schools, or if the Secretary deter-
mines that a local educational agency has substantially failed or 
is unwilling, to provide Ibr such participation, as required by this 
section, the Secretary shall— 
"(1) waive the requirements of this section for such local 
educational agency; 
"(2) arrange for the provision of services to such children 
through arrangements that shall be subject to the requirements 
of this section and sections 9503 and 9504; and 
"(3) in making the determination under this subsection, 
consider one or more factors, including the quality, size, scope, 
and location of the program and the opportunity of eligible 
children to participate. 
"SEC. 1120A. FISCAL REQUIREMENTS. 
20 USC 6321. 
"(a) MAINTENANCE OF EFFORT.—^A local educational agency may 
receive funds under this part for any fiscal year only if the State 
educational agency involved finds that the local educational agency 
has maintained the agency's fiscal effort in accordance with section 
952L 
"(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON-
FEDERAL FUNDS.— 
"(1) IN GENERAL.—^A State educational agency or local edu-
cational agency shall use Federal funds received under this 
part only to supplement the funds that would, in the absence 
of such Federal funds, be made available from non-Federal 
sources for the education of pupils participating in programs 
assisted under this part, and not to supplant such funds. 
"(2) SPECIAL RULE.—No local educational agency shall be 
required to provide services under this part through a particular 
instructional method or in a particular instructional setting 
in order to demonstrate such agency's compliance with para-
graph (1). 
"(c) COMPARABILITY OF SERVICES.— 
"(1) IN GENERAL.— 
"(A) 
COMPARABLE SERVICES.—Except as provided 
in 
paragraphs (4) and (5), a local educational agency may 
receive funds under this part only if State and local funds 
will be used in schools served under this part to provide 
services that, taken as a whole, are at least comparable 
to services in schools that are not receiving funds under 
this part. 
"(B) 
SUBSTANTIALLY COMPARABLE SERVICES.—If 
the 
local educational agency is serving all of such agency's 
schools under this part, such agency may receive funds 
under this part only if such agency will use State and 
115 STAT. 1512 
PUBLIC LAW 107-110—JAN. 8, 2002 
local funds to provide services that, taken as a whole, 
are substantially comparable in each school. 
"(C) BASIS.—^A local educational agency may meet the 
requirements of subparagraphs (A) and (B) on a grade-
span by grade-span basis or a school-by-school basis. 
"(2) WRITTEN ASSURANCE.— 
"(A) EQUIVALENCE.—^A local educational agency shall 
be considered to have met the requirements of paragraph 
(1) if such agency has filed with the State educational 
agency a written assurance that such agency has estab-
lished and implemented— 
"(i) 
a 
local 
educational 
agency-wide 
salary 
schedule; 
"(ii) a policy to ensure equivalence among schools 
in teachers, administrators, and other staff; and 
"(iii) a policy to ensure equivalence among schools 
in the provision of curriculum materials and instruc-
tional supplies. 
"(B) DETERMINATIONS.—For the purpose of this sub-
section, in the determination of expenditures per pupil 
from State and local funds, or instructional salaries per 
pupil from State and local funds, staff salary differentials 
for years of employment shall not be included in such 
determinations. 
"(C) EXCLUSIONS.—^A local educational agency need not 
include unpredictable changes in student enrollment or 
personnel assignments that occur after the beginning of 
a school year in determining comparability of services 
under this subsection. 
"(3) PROCEDURES AND RECORDS.—Each local educational 
agency assisted under this part shall— 
"(A) develop procedures for compliance with this sub-
section; and 
"(B) maintain records that are updated biennially docu-
menting such agency's compliance with this subsection. 
"(4) INAPPLICABILITY.—This subsection shall not apply to 
a local educational agency that does not have more than one 
building for each grade span. 
"(5) COMPLIANCE.—For the purpose of determining compli-
ance with paragraph (1), a local educational agency may exclude 
State and local funds expended for— 
"(A) language instruction educational programs; and 
"(B) the excess costs of providing services to children 
with disabilities as determined by the local educational 
agency. 
"(d) EXCLUSION OF FUNDS.—For the purpose of complying with 
subsections (b) and (c), a State educational agency or local edu-
cational agency may exclude supplemental State or local funds 
expended in any school attendance area or school for programs 
that meet the intent and purposes of this part. 
20 use 6322. 
"SEC. 1120B. COORDBSfATION REQUIREMENTS. 
"(a) IN GENERAL.—Each local educational agency receiving 
assistance under this part shall carry out the activities described 
in subsection (b) with Head Start agencies and, if feasible, other 
entities carrying out early childhood development programs such 
as the Early Reading First program. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1513 
"(b) ACTIVITIES.—The activities referred to in subsection (a) 
are activities that increase coordination between the local edu-
cational agency and a Head Start agency and, if feasible, other 
entities carrying out early childhood development programs, such 
as the Early Reading First program, serving children who will 
attend the schools of the local educational agency, including— 
"(1) developing and implementing a systematic procedure 
for receiving records regarding such children, transferred with 
parental consent from a Head Start program or, where 
applicable, another early childhood development program such 
as the Early Reading First program; 
"(2) establishing channels of communication between school 
staff and their counterparts (including teachers, social workers, 
and health staff) in such Head Start agencies or other entities 
carrying out early childhood development programs such as 
the Early Reading First program, as appropriate, to facilitate 
coordination of programs; 
"(3) conducting meetings involving parents, kindergarten 
or elementary school teachers, and Head Start teachers or, 
if appropriate, teachers from other early childhood development 
programs such as the Early Reading First program, to discuss 
the developmental and other needs of individual children; 
"(4) organizing and participating in joint transition-related 
training of school staff. Head Start program staff, Early 
Reading First program staff, and, where appropriate, other 
early childhood development program staff; and 
"(5) linking the educational services provided by such local 
educational agency with the services provided by local Head 
Start agencies and entities carrying out Early Reading First 
programs. 
"(c) COORDINATION OF REGULATIONS.—The Secretary shall work 
with the Secretary of Health and Human Services to coordinate 
regulations promulgated under this part with regulations promul-
gated under the Head Start Act. 
"Subpart 2—^Allocations 
"SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 
20 USC 6331. 
OF THE INTERIOR. 
"(a) RESERVATION OF FUNDS.—From the amount appropriated 
for payments to States for any fiscal year under section 1002(a) 
and 1125A(f), the Secretary shall reserve a total of 1 percent to 
provide assistance to— 
"(1) the outlying areas in the amount determined in accord-
ance with subsection (b); and 
"(2) the Secretary of the Interior in the amount necessary 
to make payments pursuant to subsection (d). 
"(b) ASSISTANCE TO OUTLYING AREAS.— 
"(1) FUNDS RESERVED.—From the amount made available 
for any fiscal year under subsection (a), the Secretary shall 
award grants to local educational agencies in the outlying areas. 
"(2) COMPETITIVE GRANTS.—Until each appropriate outlying 
area enters into an agreement for extension of United States 
educational assistance under the Compact of Free Association 
after the date of enactment of the No Child Left Behind Act 
of 2001, the Secretary shall carry out the competition described 
115 STAT. 1514 
PUBLIC LAW 107-110—JAN. 8, 2002 
in paragraph (3), except that the amount reserved to carry 
out such competition shall not exceed $5,000,000. 
"(3) LIMITATION FOR COMPETITIVE GRANTS.— 
"(A) COMPETITIVE GRANTS.—The Secretary shall use 
funds described in paragraph (2) to award grants to the 
outlying areas and freely associated States to carry out 
the purposes of this part. 
"(B) AWARD BASIS.—The Secretary shall award grants 
under subparagraph (A) on a competitive basis, taking 
into consideration the recommendations of the Pacific 
Region Educational Laboratory in Honolulu, Hawaii. 
"(C) USES.—Except as provided in subparagraph (D), 
grant funds awarded under this paragraph may be used 
only— 
"(i) for programs described in this Act, including 
teacher training, curriculum development, instruc-
tional materials, or general school improvement and 
reform; and 
"(ii) to provide direct educational services that 
assist all students with meeting challenging State aca-
demic content standards. 
"(D) ADMINISTRATIVE COSTS.—The Secretary may pro-
vide not more than 5 percent of the amount reserved for 
grants under this paragraph to pay the administrative 
costs of the Pacific Region Educational Laboratory under 
subparagraph (B). 
"(4) SPECIAL RULE.—The provisions of Public Law 95-134, 
permitting the consolidation of grants by the outlying areas, 
shall not apply to funds provided to the freely associated States 
under this section. 
"(c) DEFINITIONS.—For the purpose of subsections (a) and (b)— 
"(1) the term 'freely associated states' means the Republic 
of the Marshall Islands, the Federated States of Micronesia, 
and the Republic of Palau; and 
"(2) the term 'outlying area' means the United States Virgin 
Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
"(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.— 
"(1) IN GENERAL.—The amount allotted for payments to 
the Secretary of the Interior under subsection (a)(2) for any 
fiscal year shall be, as determined pursuant to criteria estab-
lished by the Secretary, the amount necessary to meet the 
special educational needs o
f
— 
"(A) Indian 
children 
on 
reservations 
served 
by 
elementary schools and secondary schools for Indian chil-
dren operated or supported by the Department of the 
Interior; and 
"(B) out-of-State Indian children in elementary schools 
and secondary schools in local educational agencies under 
special contracts with the Department of the Interior. 
"(2) PAYMENTS.—From the amount allotted for payments 
to the Secretary of the Interior under subsection (a)(2), the 
Secretary of the Interior shall make payments to local edu-
cational agencies, on such terms as the Secretary determines 
will best carry out the purposes of this part, with respect 
to out-of-State Indian children described in paragraph (1). The 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1515 
amount of such payment may not exceed, for each such child, 
the greater of— 
"(A) 40 percent of the average per-pupil expenditure 
in the State in which the agency is located; or 
"(B) 48 percent of such expenditure in the United 
States. 
"SEC. 1122. ALLOCATIONS TO STATES. 
20 USC 6332. 
"(a) ALLOCATION FORMULA.—Of the amount appropriated under 
section 1002(a) to carry out this part for each of fiscal years 2002-
2007 (referred to in this subsection as the current fiscal year)— 
"(1) an amount equal to the amount made available to 
carry out section 1124 for fiscal year 2001 shall be allocated 
in accordance with section 1124; 
"(2) an amount equal to the amount made available to 
carry out section 1124A for fiscal year 2001 shall be allocated 
in accordance with section 1124A; and 
"(3) an amount equal to 100 percent of the amount, if 
any, by which the amount made available to carry out sections 
1124, 1124A, and 1125 for the current fiscal year for which 
the determination is made exceeds the amount available to 
carry out sections 1124 and 1124A for fiscal year 2001 shall 
be allocated in accordance with section 1125. 
"(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— 
"(1) IN GENERAL.—If the sums available under this subpart 
for any fiscal year are insufficient to pay the full amounts 
that all local educational agencies in States are eligible to 
receive under sections 1124, 1124A, and 1125 for such year, 
the Secretary shall ratably reduce the allocations to such local 
educational agencies, subject to subsections (c) and (d) of this 
section. 
"(2) ADDITIONAL FUNDS.—If additional funds become avail-
able for making payments under sections 1124, 1124A, and 
1125 for such fiscal year, allocations that were reduced under 
paragraph (1) shall be increased on the same basis as they 
were reduced. 
"(c) HOLD-HARMLESS AMOUNTS.— 
"(1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125.—For 
each fiscal year, the amount made available to each local edu-
cational agency under each of sections 1124, 1124A, and 1125 
shall be— 
"(A) not less than 95 percent of the amount made 
available for the preceding fiscal year if the number of 
children counted for grants under section 1124 is not less 
than 30 percent of the total number of children aged 5 
to 17 years, inclusive, in the local educational agency; 
"(B) not less than 90 percent of the amount made 
available for the preceding fiscal year if the percentage 
described in subparagraph (A) is between 15 percent and 
30 percent; and 
"(C) not less than 85 percent of the amount made 
available for the preceding fiscal year if the percentage 
described in subparagraph (A) is below 15 percent. 
"(2) PAYMENTS.—If sufficient funds are appropriated, the 
amounts described in paragraph (1) shall be paid to all local 
educational agencies that received grsints under section 1124A 
for the preceding fiscal year, regardless of whether the local 
115 STAT. 1516 
PUBLIC LAW 107-110—JAN. 8, 2002 
educational agency meets the minimum eligibility criteria for 
that fiscal year described in section 1124A(a)(l)(A) except that 
a local educational agency that does not meet such minimum 
eligibility criteria for 4 consecutive years shall no longer be 
eligible to receive a hold harmless amount referred to in para-
graph (1). 
"(3) APPLICABILITY.—Notwithstanding any other provision 
of law, the Secretary shall not take into consideration the 
hold-harmless provisions of this subsection for any fiscal year 
for purposes of calculating State or local allocations for the 
fiscal year under any program administered by the Secretary 
other than a program authorized under this part. 
Applicability. 
"(4) POPULATION DATA.—For any fiscal year for which the 
Secretary calculates grants on the basis of population data 
for counties, the Secretary shall apply the hold-harmless 
percentages in paragraphs (1) and (2) to counties and, if the 
Secretary's allocation for a county is not sufficient to meet 
the hold-harmless requirements of this subsection for every 
local educational agency within that county, the State edu-
cational agency shall reallocate funds proportionately from all 
other local educational agencies in the State that are receiving 
funds in excess of the hold-harmless amounts specified in this 
subsection. 
"(d) RATABLE REDUCTIONS.— 
"(1) IN GENERAL.—If the sums made available under this 
subpart for any fiscal year are insufficient to pay the full 
amounts that local educational agencies in all States are eligible 
to receive under subsection (c) for such year, the Secretary 
shall ratably reduce such amounts for such year. 
"(2) ADDITIONAL FUNDS.—If additional funds become avail-
able for making payments under subsection (c) for such fiscal 
year, amounts that were reduced under paragraph (1) shall 
be increased on the same basis as such amounts were reduced. 
"(e) DEFINITION.—For the purpose of this section and sections 
1124, 1124A, 1125, and 1125A, the term 'State' means each of 
the 50 States, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
20 use 6333. 
"SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
"(a) AMOUNT OF GRANTS.— 
"(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO 
RICO.—Except as provided in paragraph (4) and in section 1126, 
the grant that a local educational agency is eligible to receive 
under this section for a fiscal year is the amount determined 
by multiplying— 
"(A) the number of children counted under subsection 
(c); and 
"(B) 40 percent of the average per-pupil expenditure 
in the State, except that the amount determined under 
this subparagraph shall not be less than 32 percent, or 
more than 48 percent, of the average per-pupil expenditure 
in the United States. 
"(2) CALCULATION OF GRANTS.— 
"(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— 
The Secretary shall calculate grants under this section 
on the basis of the number of children counted under 
subsection (c) for local educational agencies, unless the 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1517 
Secretary and the Secretary of Commerce determine that 
some or all of those data are unreliable or that their 
use would be otherwise inappropriate, in which case— 
"(i) the two Secretaries shall publicly disclose the 
reasons for their determination in detail; and 
"(ii) paragraph (3) shall apply. 
"(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDU-
CATIONAL AGENCIES.— 
"(i) For any fiscal year to which this paragraph 
applies, the Secretary shall calculate grants under this 
section for each local educational agency. 
"(ii) The amount of a grant under this section 
for each large local educational agency shall be the 
amount determined under clause (i). 
"(iii) For small local educational agencies, the State 
educational agency may either— 
"(I) distribute grants under this section in 
amounts determined by the Secretary under clause 
(i); or 
"(II) use an alternative method approved by 
the Secretary to distribute the portion of the 
State's total grants under this section that is based 
on those small agencies. 
"(iv) An alternative method under clause (iii)(II) 
shall be based on population data that the State edu-
cational agency determines best reflect the current dis-
tribution of children in poor families among the State's 
small local educational agencies that meet the eligi-
bility criteria of subsection (b). 
"(v) If a small local educational agency is dissatis-
fied with the determination of its grant by the State 
educational agency under clause (iiiXII), it may appeal 
that determination to the Secretary, who shall respond 
not later than 45 days after receipt of such appeal. 
"(vi) As used in this subparagraph— 
"(I) the term 'large local educational agency' 
means a local educational agency serving an area 
with a total population of 20,000 or more; and 
"(II) the term 'small local educational agency' 
means a local educational agency serving an area 
with a total population of less than 20,000. 
"(3) ALLOCATIONS TO COUNTIES.— 
"(A) CALCULATION.—For any fiscal year to which this 
paragraph applies, the Secretary shall calculate grants 
under this section on the basis of the number of children 
counted under subsection (c) for counties, and State edu-
cational agencies shall suballocate county amounts to local 
educational agencies, in accordance with regulations issued 
by the Secretary. 
"(B) DIRECT ALLOCATIONS.—In any State in which a 
large number of local educational agencies overlap county 
boundaries, or for which the State believes it has data 
that would better target funds than allocating them by 
county, the State educational agency may apply to the 
Secretary for authority to make the allocations under this 
subpart for a particular fiscal year directly to local edu-
cational agencies without regard to counties. 
Public 
information. 
Applicability. 
Deadline. 
115 STAT. 1518 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— 
If the Secretary approves the State educational agency's 
apphcation under subparagraph (B), the State educational 
agency shall provide the Secretary an assurance that such 
allocations shall be made— 
"(i) using precisely the same factors for deter-
mining a grant as are used under this subpart; or 
"(ii) using data that the State educational agency 
submits to the Secretary for approval that more 
accurately target poverty. 
"(D) APPEAL.—The State educational agency shall pro-
vide the Secretary an assurance that it will establish a 
procedure through which a local educational agency that 
is dissatisfied with its determinations under subparagraph 
(B) may appeal directly to the Secretary for a final deter-
mination. 
"(4) PUERTO RICO.— 
"(A) IN GENERAL.—For each fiscal year, the grant that 
the Commonwealth of Puerto Rico shall be eligible to 
receive under this section shall be the amount determined 
by multiplying the number of children counted under sub-
section (c) for the Commonwealth of Puerto Rico by the 
product o
f
— 
"(i) subject to subparagraph (B), the percentage 
that the average per-pupil expenditure in the Common-
wealth of Puerto Rico is of the lowest average per-
pupil expenditure of any of the 50 States; and 
"(ii) 32 percent of the average per-pupil expendi-
ture in the United States. 
"(B) 
MINIMUM 
PERCENTAGE.—The 
percentage 
in 
subparagraph (A)(i) shall not be less than— 
"(i) for fiscal year 2002, 77.5 percent; 
"(ii) for fiscal year 2003, 80.0 percent; 
"(iii) for fiscal year 2004, 82.5 percent; 
"(iv) for fiscal year 2005, 85.0 percent; 
"(v) for fiscal year 2006, 92.5 percent; and 
"(vi) for fiscal year 2007 and succeeding fiscal 
years, 100.0 percent. 
"(C) LIMITATION.—If the application of subparagraph 
(B) would result in any of the 50 States or the District 
of Columbia receiving less under this subpart than it 
received under this subpart for the preceding fiscal year, 
the percentage in subparagraph (A) shall be the greater 
of— 
"(i) the percentage in subparagraph (A)(i); 
"(ii) the percentage specified in subparagraph (B) 
for the preceding fiscal year; or 
"(iii) the percentage used for the preceding fiscal 
year. 
"(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—^A local 
educational agency is eligible for a basic grant under this section 
for any fiscal year only if the number of children counted under 
subsection (c) for that agency is both— 
"(1) 10 or more; and 
"(2) more than 2 percent of the total school-age population 
in the agency's jurisdiction. 
"(c) CHILDREN TO BE COUNTED.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1519 
"(1) CATEGORIES OF CHILDREN.—The number of children 
to be counted for purposes of this section is the aggregate 
of— 
"(A) the number of children aged 5 to 17, inclusive, 
in the school district of the local educational agency from 
families below the poverty level as determined under para-
graph (2); 
"(B) the number of children (determined under para-
graph (4) for either the preceding year as described in 
that paragraph, or for the second preceding year, as the 
Secretary finds appropriate) aged 5 to 17, inclusive, in 
the school district of such agency in institutions for 
neglected and delinquent children (other than such institu-
tions operated by the United States), but not counted 
pursuant to subpart 1 of part D for the purposes of a 
grant to a State agency, or being supported in foster homes 
with public funds; and 
"(C) the number of children aged 5 to 17, inclusive, 
in the school district of such agency from families above 
the poverty level as determined under paragraph (4). 
"(2) DETERMINATION OF NUMBER OF CHILDREN.—For the 
purposes of this section, the Secretary shall determine the 
number of children aged 5 to 17, inclusive, from families below 
the poverty level on the basis of the most recent satisfactory 
data, described in paragraph (3), available from the Department 
of Commerce. The District of Columbia and the Commonwealth 
of Puerto Rico shall be treated as individual local educational 
agencies. If a local educational agency contains two or more 
counties in their entirety, then each county will be treated 
as if such county were a separate local educational agency 
for purposes of calculating grants under this part. The total 
of grants for such counties shall be allocated to such a local 
educational agency, which local educational agency shall dis-
tribute to schools in each county within such agency a share 
of the local educational agency's total grant that is no less 
than the county's share of the population counts used to cal-
culate the local educational agency's grant. 
"(3) POPULATION UPDATES.— 
"(A) IN GENERAL.—In fiscal year 2002 and each subse-
quent fiscal year, the Secretary shall use updated data 
on the number of children, aged 5 to 17, inclusive, from 
families below the poverty level for counties or local edu-
cational agencies, published by the Department of Com-
merce, unless the Secretary and the Secretary of Commerce 
determine that the use of the updated population data 
would be inappropriate or unreliable. If appropriate and 
reliable data are not available annually, the Secretary shall 
use data which are updated every 2 years. 
"(B) INAPPROPRIATE OR UNRELIABLE DATA.—If the Sec- PubUc 
retary and the Secretary of Commerce determine that some information. 
or all of the data referred to in subparagraph (A) are 
inappropriate or unreliable, the Secretary and the Sec-
retary of Commerce shall publicly disclose their reasons. 
"(C) CRITERIA OF POVERTY.—In determining the fami-
lies that are below the poverty level, the Secretary shall 
use the criteria of poverty used by the Bureau of the 
Census in compiling the most recent decennial census. 
115 STAT. 1520 
PUBLIC LAW 107-110-^AN. 8, 2002 
as the criteria have been updated by increases in the 
Consumer Price Index for All tJrban Consumers, published 
by the Bureau of Labor Statistics. 
"(4) OTHER CHILDREN TO BE COUNTED.— 
"(A) For the purpose of this section, the Secretary 
shall determine the number of children aged 5 to 17, inclu-
sive, from families above the poverty level on the basis 
of the number of such children from families receiving 
an annual income, in excess of the current criteria of pov-
erty, from payments under a State program funded under 
part A of title IV of the Social Security Act; and in making 
such determinations, the Secretary shall use the criteria 
of poverty used by the Bureau of the Census in compiling 
the most recent decennial census for a family of four in 
such form as those criteria have been updated by increases 
in the Consumer Price Index for All Urban Consumers, 
published by the Bureau of Labor Statistics. 
"(B) The Secretary shall determine the number of such 
children and the number of children aged 5 through 17 
living in institutions for neglected or delinquent children, 
or being supported in foster homes with public funds, on 
the basis of the caseload data for the month of October 
of the preceding fiscal year (using, in the case of children 
described in the preceding sentence, the criteria of poverty 
and the form of such criteria required by such sentence 
which were determined for the calendar year preceding 
such month of October) or, to the extent that such data 
are not available to the Secretary before January of the 
calendar year in which the Secretary's determination is 
made, then on the basis of the most recent reliable data 
available to the Secretary at the time of such determina-
tion. 
Deadline. 
"(C) Except for the data on children living in institu-
tions for neglected or delinquent children, the Secretary 
of Health and Human Services shall collect and transmit 
the information required by this subparagraph to the Sec-
retary not later than January 1 of each year. 
"(D) For the purpose of this section, the Secretary 
shall consider all children who are in correctional institu-
tions to be living in institutions for delinquent children. 
"(5) ESTIMATE.—When requested by the Secretary, the Sec-
retary of Commerce shall make a special updated estimate 
of the number of children of such ages who are from families 
below the poverty level (as determined under paragraph (1)(A)) 
in each school district, and the Secretary is authorized to pay 
(either in advance or by way of reimbursement) the Secretary 
of Commerce the cost of making this special estimate. The 
Secretary of Commerce shall give consideration to any request 
of the chief executive of a State for the collection of additional 
census information. 
"(d) 
STATE MINIMUM.—Notwithstanding section 
1122, 
the 
aggregate amount allotted for all local educational agencies within 
a State may not be less than the lesser of— 
"(1) 0.25 percent of the total amount allocated to States 
under this section for fiscal year 2001, plus 0.35 percent of 
the total amount allocated to States under this section in excess 
of the amount allocated for fiscal year 2001; or 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1521 
"(2) the average of— 
"(A) the amount calculated in paragraph (1), above; 
and 
"(B) the number of children in such State counted 
under subsection (c) in the fiscal year multiplied by 150 
percent of the national average per-pupil payment made 
with funds available under this section for that year. 
'SEC. 
1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL 
20USC6334. 
AGENCIES. 
"(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.— 
"(1) IN GENERAL.—(A) Except as otherwise provided in this 
paragraph, each local educational agency which is eligible for 
a grant under section 1124 for any fiscal year is eligible for 
an additional grant under this section for that fiscal year if 
the number of children counted under section 1124(c) in the 
agency exceeds either— 
"(i) 6,500; or 
"(ii) 15 percent of the total number of children aged 
5 through 17 in the agency. 
"(B) Notwithstanding section 1122, no State shall receive 
less than the lesser of— 
"(i) 0.25 percent of the total amount allocated to States 
under this section for fiscal year 2001, plus 0.35 percent 
of the total amount allocated to States under this section 
in excess of the amount allocated for fiscal year 2001; 
or 
"(ii) the average of— 
"(I) the amount calculated under clause (i); and 
"(II) the greater of— 
"(aa) $340,000; or 
"(bb) the number of children in such State 
counted for purposes of this section in that fiscal 
year multiplied by 150 percent of the national 
average per-pupil payment made with funds avail-
able under this section for that year. 
"(2) DETERMINATION.—For each county or local educational 
agency eligible to receive an additional grant under this section 
for any fiscal year, the Secretary shall determine the product 
of— 
"(A) the number of children counted under section 
1124(c) for that fiscal year; and 
"(B) the amount in section 1124(a)(1)(B) for each State 
except the Commonwealth of Puerto Rico, and the amount 
in section 1124(a)(4) for the Commonwealth of Puerto Rico. 
"(3) AMOUNT.—The amount of the additional grant for 
which an eligible local educational agency or county is eligible 
under this section for any fiscal year shall be an amount 
which bears the same ratio to the amount available to carry 
out this section for that fiscal year as the product determined 
under paragraph (2) for such local educational agency for that 
fiscal year bears to the sum of such products for all local 
educational agencies in the United States for that fiscal year. 
"(4) LOCAL ALLOCATIONS.—(A) Grant amounts under this 
section shall be determined in accordance with section 
1124(a)(2), (3), and (4). 
115 STAT. 1522 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) For any fiscal year for which the Secretary allocates 
funds under this section on the basis of counties, a State 
may reserve not more than 2 percent of its allocation under 
this section to make grants to local educational agencies that 
meet the criteria of paragraph (l)(A)(i) or (ii) and are in ineli-
gible counties that do not meet these criteria. 
"(b) SMALL STATES.—In any State for which on the date of 
enactment of the No Child Left Behind Act of 2001 the number 
of children counted under section 1124(c) is less than 0.25 percent 
of the number of those children counted for all States, the State 
educational agency shall allocate funds under this section among 
the local educational agencies in the State either— 
"(1) in accordance with paragraphs (2) and (4) of subsection 
(a); or 
"(2) based on their respective concentrations and numbers 
of children counted under section 1124(c), except that only 
those local educational agencies with concentrations or numbers 
of children counted under section 1124(c) that exceed the state-
wide average percentage of such children or the statewide 
average number of such children shall receive any funds on 
the basis of this paragraph. 
20 use 6335. 
"SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
"(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.— 
"(1) IN GENERAL.—^A local educational agency in a State 
is eligible to receive a targeted grant under this section for 
any fiscal year if— 
"(A) the number of children in the local educational 
agency counted under section 1124(c), before application 
of the weighted child count described in subsection (c), 
is at least 10; and 
"(B) if the number of children counted for grants under 
section 1124(c), before application of the weighted child 
count described in subsection (c), is at least 5 percent 
of the total number of children aged 5 to 17 years, inclusive, 
in the school district of the local educational agency. 
"(2) SPECIAL RULE.—For any fiscal year for which the Sec-
retary allocates funds under this section on the basis of coun-
ties, funds made available as a result of applying this subsection 
shall be reallocated by the State educational agency to other 
eligible local educational agencies in the State in proportion 
to the distribution of other funds under this section. 
"(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT 
OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.— 
"(1) IN GENERAL.—The amount of the grant that a local 
educational agency in a State (other than the Commonwealth 
of Puerto Rico) is eligible to receive under this section for 
any fiscal year shall be the product of— 
"(A) the weighted child count determined under sub-
section (c); and 
"(B) 
the 
amount 
determined 
under 
section 
1124(a)(1)(B). 
"(2) PUERTO RICO.—^For each fiscal year, the amount of 
the grant the Commonwealth of Puerto Rico is eligible to receive 
under this section shall be equal to the number of children 
counted under subsection (c) for the Commonwealth of Puerto 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1523 
Rico, multiplied by the amount determined in section 1124(a)(4) 
for the Commonwealth of Puerto Rico. 
"(c) WEIGHTED CHILD COUNT.— 
"(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— 
"(A) IN GENERAL.—For each fiscal year for which the 
Secretary uses county population data to calculate grants, 
the weighted child count used to determine a county's 
allocation under this section is the larger of the two 
amounts determined under subparagraphs (B) and (C). 
"(B) BY PERCENTAGE 
OF CHILDREN.—The 
amount 
referred to in subparagraph (A) is determined by adding— 
"(i) the number of children determined under sec-
tion 1124(c) for that county who constitute not more 
than 15.00 percent, inclusive, of the county's total 
population aged 5 to 17, inclusive, multiplied by 1.0; 
"(ii) the number of such children who constitute 
more than 15.00 percent, but not more than 19.00 
percent, of such population, multiplied by 1.75; 
"(iii) the number of such children who constitute 
more than 19.00 percent, but not more than 24.20 
percent, of such population, multiplied by 2.5; 
"(iv) the number of such children who constitute 
more than 24.20 percent, but not more than 29.20 
percent, of such population, multiplied by 3.25; and 
"(v) the number of such children who constitute 
more than 29.20 percent of such population, multiplied 
by 4.0. 
"(C) BY NUMBER OF CHILDREN.—The amount referred 
to in subparagraph (A) is determined by adding— 
"(i) the number of children determined under sec-
tion 1124(c) who constitute not more than 2,311, inclu-
sive, of the county's total population aged 5 to 17, 
inclusive, multiplied by 1.0; 
"(ii) the number of such children between 2,312 
and 7,913, inclusive, in such population, multiplied 
by 1.5; 
"(iii) the number of such children between 7,914 
and 23,917, inclusive, in such population, multiplied 
by 2.0; 
"(iv) the number of such children between 23,918 
and 93,810, inclusive, in such population, multiplied 
by 2.5; and 
"(v) the number of such children in excess of 93,811 
in such population, multiplied by 3.0. 
"(D) PUERTO RICO.—Notwithstanding subparagraph 
(A), the weighting factor for the Commonwealth of Puerto 
Rico under this paragraph shall not be greater than the 
total number of children counted under section 1124(c) 
multiplied by 1.82. 
"(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL 
AGENCIES.— 
"(A) IN GENERAL.—For each fiscal year for which the 
Secretary uses local educational agency data, the weighted 
child count used to determine a local educational agency's 
grant under this section is the larger of the two amounts 
determined under subparagraphs (B) and (C). 
115 STAT. 1524 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) 
BY PERCENTAGE 
OF CHILDREN.—The amount 
referred to in subparagraph (A) is determined by adding— 
"(i) the number of children determined under sec-
tion 1124(c) for that local educational agency who con-
stitute not more than 15.58 percent, inclusive, of the 
agency's total population aged 5 to 17, inclusive, multi-
plied by 1.0; 
"(ii) the number of such children who constitute 
more than 15.58 percent, but not more than 22.11 
percent, of such population, multiplied by 1.75; 
"(iii) the number of such children who constitute 
more than 22.11 percent, but not more than 30.16 
percent, of such population, multiplied by 2.5; 
"(iv) the number of such children who constitute 
more than 30.16 percent, but not more than 38.24 
percent, of such population, multiplied by 3.25; and 
"(v) the number of such children who constitute 
more than 38.24 percent of such population, multiplied 
by 4.0. 
"(C) BY NUMBER OF CHILDREN.—The amount referred 
to in subparagraph (A) is determined by adding— 
"(i) the number of children determined under sec-
tion 1124(c) who constitute not more than 691, inclu-
sive, of the agency's total population aged 5 to 17, 
inclusive, multiplied by 1.0; 
"(ii) the number of such children between 692 and 
2,262, inclusive, in such population, multiplied by 1.5; 
"(iii) the number of such children between 2,263 
and 7,851, inclusive, in such population, multiplied 
by 2.0; 
"(iv) the number of such children between 7,852 
and 35,514, inclusive, in such population, multiplied 
by 2.5; and 
"(v) the number of such children in excess of 35,514 
in such population, multiplied by 3.0. 
"(D) PUERTO RICO.—Notwithstanding subparagraph 
(A), the weighting factor for the Commonwealth of Puerto 
Rico under this paragraph shall not be greater than the 
total number of children counted under section 1124(c) 
multiplied by 1.82. 
"(d) CALCULATION OF GRANT AMOUNTS.—Grant amounts under 
this section shall be calculated in the same manner as grant 
amounts are calculated under section 1124(a)(2) and (3). 
"(e) STATE MINIMUM.—Notwithstanding any other provision of 
this section or section 1122, from the total amount available for 
any fiscal year to carry out this section, each State shall be allotted 
at least the lesser o
f
— 
"(1) 0.35 percent of the total amount available to carry 
out this section; or 
"(2) the average of— 
"(A) 0.35 percent of the total amount available to carry 
out this section; and 
"(B) 150 percent of the national average grant under 
this section per child described in section 1124(c), without 
application of a weighting factor, multiplied by the State's 
total number of children described in section 1124(c), with-
out application of a weighting factor. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1525 
"SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO 
20USC6336. 
LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS 
AFTER FISCAL YEAR 2001. 
"(a) FINDINGS.—Congress makes the following findings: 
"(1) The current Basic Grant Formula for the distribution 
of funds under this part often does not provide funds for the 
economically disadvantaged students for which such funds are 
targeted. 
"(2) Any school district in which more than 2 percent 
of the students live below the poverty level qualifies for funding 
under the Basic Grant Formula. As a result, 9 out of every 
10 school districts in the country receive some form of aid 
under the Formula. 
"(3) Fifty-eight percent of all schools receive at least some 
funding under this part, including many suburban schools with 
predominantly well-off students. 
"(4) One out of every 5 schools with concentrations of 
poor students between 50 and 75 percent receive no funding 
at all under this part. 
"(5) In passing the Improving America's Schools Act in 
1994, Congress declared that grants under this part would 
more sharply target high poverty schools by using the Targeted 
Grant Formula, but annual appropriation Acts have prevented 
the use of that Formula. 
"(6) The advantage of the Targeted Grant Formula over 
other funding formulas under this part is that the Targeted 
Grant Formula provides increased grants per poor child as 
the percentage of economically disadvantaged children in a 
school district increases. 
"(7) Studies have found that the poverty of a child's family 
is much more likely to be associated with educational disadvan-
tage if the family lives in an area with large concentrations 
of poor families. 
"(8) States with large populations of high poverty students 
would receive significantly more funding if more funds under 
this part were allocated through the Targeted Grant Formula. 
"(9) Congress has an obligation to allocate funds under 
this part so that such funds will positively affect the largest 
number of economically disadvantaged students. 
"(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT 
O
N ADEQUATE FUNDING OF TARGETED GRAINPTS.—Pursuant to section 
1122, the total amount allocated in any fiscal year after fiscal 
year 2001 for programs and activities under this part shall not 
exceed the amount allocated in fiscal year 2001 for such programs 
and activities unless the amount available for targeted grants to 
local educational agencies under section 1125 in the applicable 
fiscal year meets the requirements of section 1122(a). 
"SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 
20 USC 6337. 
"(a) GRANTS.—From funds appropriated under subsection (f) 
the Secretary is authorized to make grants to States, from allot-
ments under subsection (b), to carry out the programs and activities 
of this part. 
"(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.— 
"(1) IN GENERAL.— 
"(A) IN GENERAL.-^xcept as provided in subparagraph 
(B), funds appropriated pursuant to subsection (f) shall 
115 STAT. 1526 
PUBLIC LAW 107-110-^AN. 8, 2002 
be allotted to each State based upon the number of children 
counted under section 1124(c) in such State multiplied 
by the product of— 
"(i) the amount in section 1124(a)(1)(B) for all 
States other than the Commonwealth of Puerto Rico, 
except that the amount 
determined 
under 
that 
subparagraph shall not be less that 34 percent or more 
than 46 percent of the average per pupil expenditure 
in the United States, and the amount in section 
1124(a)(4) for the Commonwealth of Puerto Rico, except 
that the amount in section 1124(a)(4)(A)(ii) shall be 
34 percent of the average per pupil expenditure in 
the United States; multiplied by 
"(ii) such State's effort factor described in para-
graph (2); multiplied by 
"(iii) 1.30 minus 
such 
State's 
equity 
factor 
described in paragraph (3). 
"(B) 
STATE 
MINIMUM.—Notwithstanding any 
other 
provision of this section or section 1122, from the total 
amount available for any fiscal year to carry out this sec-
tion, each State shall be allotted at least the lesser o
f
— 
"(i) 0.35 percent of total appropriations; or 
"(ii) the average of— 
"(I) 0.35 percent of the total amount available 
to carry out this section; and 
"(II) 150 percent of the national average grant 
under this section per child described in section 
1124(c), without application of a weighting factor, 
multiplied by the State's total number of children 
described in section 1124(c), without application 
of a weighting factor. 
"(2) EFFORT FACTOR.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), the effort factor for a State shall be determined in 
accordance with the succeeding sentence, except that such 
factor shall not be less than 0.95 nor greater than 1.05. 
The effort factor determined under this sentence shall be 
a fraction the numerator of which is the product of the 
3-year average per-pupil expenditure in the State multi-
plied by the 3-year average per capita income in the United 
States and the denominator of which is the product of 
the 3-year average per capita income in such State multi-
plied by the 3-year average per-pupil expenditure in the 
United States. 
"(B) COMMONWEALTH OF PUERTO RICO.—The effort 
factor for the Commonwealth of Puerto Rico shall be equal 
to the lowest effort factor calculated under subparagraph 
(A) for any State. 
"(3) EQUITY FACTOR.— 
"(A) DETERMINATION.— 
"(i) IN GENERAL.—Except as provided in subpara-
graph (B), the Secretary shall determine the equity 
factor under this section for each State in accordance 
with clause (ii). 
"(ii) COMPUTATION.— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1527 
"(I) IN GENERAL.—For each State, the Sec-
retary shall compute a weighted coefficient of vari-
ation for the per-pupil expenditures of local edu-
cational agencies in accordance with subclauses 
(II), (III), and (IV). 
"(II) VARIATION.—In computing coefficients of 
variation, the Secretary shall weigh the variation 
between per-pupil expenditures in each local edu-
cational agency and the average per-pupil expendi-
tures in the State according to the number of 
pupils served by the local educational agency. 
"(Ill) NUMBER OF PUPILS.—In determining the 
number of pupils under this paragraph served by 
each local educational agency and in each State, 
the Secretary shall multiply the number of chil-
dren counted under section 1124(c) by a factor 
of 1.4. 
"(IV) ENROLLMENT REQUIREMENT.—In com-
puting coefficients of variation, the Secretary shall 
include only those local educational agencies with 
an enrollment of more than 200 students. 
"(B) SPECIAL RULE.—The equity factor for a State that 
meets the disparity standard described in section 222.162 
of title 34, Code of Federal Regulations (as such section 
was in effect on the day preceding the date of enactment 
of the No Child Left Behind Act of 2001) or a State with 
only one local educational agency shall be not greater than 
0.10. 
"(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL AGEN-
CIES.—^All funds awarded to each State under this section shall 
be allocated to local educational agencies under the following provi-
sions. Within local educational agencies, funds allocated under this 
section shall be distributed to schools on a basis consistent with 
section 1113, and may only be used to carry out activities under 
this part. A local educational agency in a State is eligible to receive 
a targeted grant under this section for any fiscal year i
f
— 
"(A) the number of children in the local educational agency 
counted under section 1124(c), before application of the 
weighted child count described in paragraph (3), is at least 
10; and 
"(B) if the number of children counted for grants under 
section 1124(c), before application of the weighted child count 
described in paragraph (3), is at least 5 percent of the total 
number of children aged 5 to 17 years, inclusive, in the school 
district of the local educational agency. 
"For any fiscal year for which the Secretary allocates funds 
under this section on the basis of counties, funds made available 
as a result of applying this subsection shall be reallocated by 
the State educational agency to other eligible local educational 
agencies in the State in proportion to the distribution of other 
funds under this section. 
"(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL 
AGENCIES.—Funds received by States under this section shall be 
allocated within States to eligible local educational agencies on 
the basis of weighted child counts calculated in accordance with 
paragraph (1), (2), or (3), as appropriate for each State. 
115 STAT. 1528 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(1) STATES WITH AN EQUITY FACTOR LESS THAN .lo.—In 
States with an equity factor less than .10, the weighted child 
counts referred to in subsection (d) shall be calculated as fol-
lows: 
"(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— 
"(i) IN GENERAL.—For each fiscal year for which 
the Secretary uses county population data to calculate 
grants, the weighted child count used to determine 
a county's allocation under this section is the larger 
of the two amounts determined under clauses (ii) and 
(iii). 
"(ii) BY PERCENTAGE OF CHILDREN.—The amount 
referred to in clause "(i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) for that county who constitute not 
more than 15.00 percent, inclusive, of the county's 
total population aged 5 to 17, inclusive, multiplied 
by 1.0; 
"(II) the number of such children who con-
stitute more thgm 15.00 percent, but not more 
than 19.00 percent, of such population, multiplied 
by 1.75; 
"(III) the number of such children who con-
stitute more than 19.00 percent, but not more 
than 24.20 percent, of such population, multiplied 
by 2.5; 
"(IV) the number of such children who con-
stitute more than 24.20 percent, but not more 
than 29.20 percent, of such population, multiplied 
by 3.25; and 
"(V) the number of such children who con-
stitute more than 29.20 percent of such population, 
multiplied by 4.0. 
"(iii) BY NUMBER OF CHILDREN.—The 
amount 
referred to in clause (i) is determined by adding 
"(I) the number of children determined under 
section 1124(c) who constitute not more than 2,311, 
inclusive, of the county's total population aged 5 
to 17, inclusive, multiplied by 1.0; 
"(II) the number of such children between 
2,312 and 7,913, inclusive, in such population, 
multiplied by 1.5; 
"(III) the number of such children between 
7,914 and 23,917, inclusive, in such population, 
multiplied by 2.0; 
"(IV) the number of such children between 
23,918 and 93,810, inclusive, in such population, 
multiplied by 2.5; and 
"(V) the number of such children in excess 
of 93,811 in such population, multiplied by 3.0. 
"(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL 
AGENCIES.— 
"(i) IN GENERAL.—For each fiscal year for which 
the Secretary uses local educational agency data, the 
weighted child count used to determine a local edu-
cational agency's grant under this section is the larger 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1529 
of the two amounts determined under clauses (ii) and 
(iii). 
"(ii) BY PERCENTAGE OF CHILDREN.—The amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) for that local educational agency 
who constitute not more than 15.58 percent, inclu-
sive, of the agency's total population aged 5 to 
17, inclusive, multiplied by 1.0; 
"(II) the number of such children who con-
stitute more than 15.58 percent, but not more 
than 22.11 percent, of such population, multiplied 
by 1.75; 
"(III) the number of such children who con-
stitute more than 22.11 percent, but not more 
than 30.16 percent, of such population, multiplied 
by 2.5; 
"(IV) the number of such children who con-
stitute more than 30.16 percent, but not more 
than 38.24 percent, of such population, multiplied 
by 3.25; and 
"(V) the number of such children who con-
stitute more than 38.24 percent of such population, 
multiplied by 4.0. 
"(iii) BY NUMBER OF CHILDREN.—The 
amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) who constitute not more than 691, 
inclusive, of the agency's total population aged 5 
to 17, inclusive, multiplied by 1.0; 
"(II) the number of such children between 692 
and 2,262, inclusive, in such population, multiplied 
by 1.5; 
"(III) the number of such children between 
2,263 and 7,851, inclusive, in such population, 
multiplied by 2.0; 
"(IV) the number of such children between 
7,852 and 35,514, inclusive, in such population, 
multiplied by 2.5; and 
"(V) the number of such children in excess 
of 35,514 in such population, multiplied by 3.0. 
"(2) STATES WITH AN EQUITY FACTOR GREATER THAN OR 
EQUAL TO .10 AND LESS THAN .20.—In states with an equity 
factor greater than or equal to .10 and less than .20, the 
weighted child counts referred to in subsection (d) shall be 
calculated as follows: 
"(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— 
"(i) IN GENERAL.—For each fiscal year for which 
the Secretary uses county population data to calculate 
grants, the weighted child count used to determine 
a county's allocation under this section is the larger 
of the two amounts determined under clauses (ii) and 
(iii). 
"(ii) BY PERCENTAGE OF CHILDREN.—The amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) for that county who constitute not 
89-194 0 - 03 -18 QL 3 Part 2 
115 STAT. 1530 
PUBLIC LAW 107-110-^AN. 8, 2002 
more than 15.00 percent, inclusive, of the county's 
total population aged 5 to 17, inclusive, multiplied 
by 1.0; 
"(11) the number of such children who con-
stitute more than 15.00 percent, but not more 
than 19.00 percent, of such population, multiplied 
by 1.5; 
"(III) the number of such children who con-
stitute more than 19.00 percent, but not more 
than 24.20 percent, of such population, multiplied 
by 3.0; 
"(IV) the number of such children who con-
stitute more than 24.20 percent, but not more 
than 29.20 percent, of such population, multiplied 
by 4.5; and 
"(V) the number of such children who con-
stitute more than 29.20 percent of such population, 
multiplied by 6.0. 
"(iii) BY NUMBER OF CHILDREN.—The 
amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) who constitute not more than 2,311, 
inclusive, of the county's total population aged 5 
to 17, inclusive, multiplied by 1.0; 
"(II) the number of such children between 
2,312 and 7,913, inclusive, in such population, 
multiplied by 1.5; 
"(III) the number of such children between 
7,914 and 23,917, inclusive, in such population, 
multiplied by 2.25; 
"(IV) the number of such children between 
23,918 and 93,810, inclusive, in such population, 
multiplied by 3.375; and 
"(V) the number of such children in excess 
of 93,811 in such population, multiplied by 4.5. 
"(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL 
AGENCIES.— 
"(i) IN GENERAL.—For each fiscal year for which 
the Secretary uses local educational agency data, the 
weighted child count used to determine a local edu-
cational agency's grant under this section is the larger 
of the two amounts determined under clauses (ii) and 
(iii). 
"(ii) BY PERCENTAGE OF CHILDREN.--The amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) for that local educational agency 
who constitute not more than 15.58 percent, inclu-
sive, of the agency's total population aged 5 to 
17, inclusive, multiplied by 1.0; 
"(II) the number of such children who con-
stitute more than 15.58 percent, but not more 
than 22.11 percent, of such population, multiplied 
by 1.5; 
"(III) the number of such children who con-
stitute more than 22.11 percent, but not more 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1531 
than 30.16 percent, of such population, multiphed 
by 3.0; 
"(IV) the number of such children who con-
stitute more than 30.16 percent, but not more 
than 38.24 percent, of such population, multiplied 
by 4.5; and 
"(V) the number of such children who con-
stitute more than 38.24 percent of such population, 
multiplied by 6.0. 
"(iii) BY NUMBER OF CHILDREN.—The 
amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) who constitute not more than 691, 
inclusive, of the agency's total population aged 5 
to 17, inclusive, multiplied by 1.0; 
"(II) the number of such children between 692 
and 2,262, inclusive, in such population, multiplied 
by 1.5; 
"(III) the number of such children between 
2,263 and 7,851, inclusive, in such population, 
multiplied by 2.25; 
"(IV) the number of such children between 
7,852 and 35,514, inclusive, in such population, 
multiplied by 3.375; and 
"(V) the number of such children in excess 
of 35,514 in such population, multiplied by 4.5. 
"(3) STATES WITH AN EQUITY FACTOR GREATER THAN OR 
EQUAL TO .20.—In States with an equity factor greater than 
or equal to .20, the weighted child counts referred to in sub-
section (d) shall be calculated as follows: 
"(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— 
"(i) IN GENERAL.—For each fiscal year for which 
the Secretary uses county population data to calculate 
grants, the weighted child count used to determine 
a county's allocation under this section is the larger 
of the two amounts determined under clauses (ii) and 
(iii). 
"(ii) BY PERCENTAGE OF CHILDREN.—The amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) for that county who constitute not 
more than 15.00 percent, inclusive, of the county's 
total population aged 5 to 17, inclusive, multiplied 
by 1.0; 
"(II) the number of such children who con-
stitute more than 15.00 percent, but not more 
than 19.00 percent, or such population, multiplied 
by 2.0; 
"(III) the number of such children who con-
stitute more than 19.00 percent, but not more 
than 24.20 percent, of such population, multiplied 
by 4.0; 
"(IV) the number of such children who con-
stitute more than 24.20 percent, but not more 
than 29.20 percent, of such population, multiplied 
by 6.0; and 
115 STAT. 1532 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
"(V) the number of such children who con-
stitute more than 29.20 percent of such population, 
multiplied by 8.0. 
"(iii) BY NUMBER OF CHILDREN.—The 
amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) who constitute not more than 2,311, 
inclusive, of the county's total population aged 5 
to 17, inclusive, multiplied by 1.0; 
"(II) the number of such children between 
2,312 and 7,913, inclusive, in such population, 
multiplied by 2.0; 
"(III) the number of such children between 
7,914 and 23,917, inclusive, in such population, 
multiplied by 3.0; 
"(IV) the number of such children between 
23,918 and 93,810, inclusive, in such population, 
multiplied by 4.5; and 
"(V) the number of such children in excess 
of 93,811 in such population, multiplied by 6.0. 
"(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL 
AGENCIES.— 
"(i) IN GENERAL.—For each fiscal year for which 
the Secretary uses local educational agency data, the 
weighted child count used to determine a local edu-
cational agency's grant under this section is the larger 
of the two amounts determined under clauses (ii) and 
(iii). 
"(ii) BY PERCENTAGE OF CHILDREN.—The amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) for that local educational agency 
who constitute not more than 15.58 percent, inclu-
sive, of the agency's total population aged 5 to 
17, inclusive, multiplied by 1.0; 
"(II) the number of such children who con-
stitute more than 15.58 percent, but not more 
than 22.11 percent, of such population, multiplied 
by 2.0; 
"(III) the number of such children who con-
stitute more than 22.11 percent, but not more 
than 30.16 percent, of such population, multiplied 
by 4.0; 
"(IV) the number of such children who con-
stitute more than 30.16 percent, but not more 
than 38.24 percent, of such population, multiplied 
by 6.0; and 
"(V) the number of such children who con-
stitute more than 38.24 percent of such population, 
multiplied by 8.0. 
"(iii) BY NUMBER OF CHILDREN.—The 
amount 
referred to in clause (i) is determined by adding— 
"(I) the number of children determined under 
section 1124(c) who constitute not more than 691, 
inclusive, of the agency's total population aged 5 
to 17, inclusive, multiplied by 1.0; 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1533 
"(11) the number of such children between 692 
and 2,262, inclusive, in such population, multiplied 
by 2.0; 
"(III) the number of such children between 
2,263 and 7,851, inclusive, in such population, 
multiplied by 3.0; 
"(IV) the number of such children between 
7,852 and 35,514, inclusive, in such population, 
multiplied by 4.5; and 
"(V) the number of such children in excess 
of 35,514 in such population, multiplied by 6.0. 
"(e) MAINTENANCE OF EFFORT.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
a State is entitled to receive its full allotment of funds under 
this section for any fiscal year if the Secretary finds that 
either the combined fiscal effort per student or the aggregate 
expenditures within the State with respect to the provision 
of free public education for the fiscal year preceding the fiscal 
year for which the determination is made was not less than 
90 percent of such combined fiscal effort or aggregate expendi-
tures for the second fiscal year preceding the fiscal year for 
which the determination is made. 
"(2) REDUCTION OF FUNDS.—The Secretary shall reduce 
the amount of funds awarded to any State under this section 
in any fiscal year in the exact proportion to which the State 
fails to meet the requirements of paragraph (1) by falling below 
90 percent of both the fiscal effort per student and aggregate 
expenditures (using the measure most favorable to the State), 
and no such lesser amount shall be used for computing the 
effort required under paragraph (1) for subsequent years. 
"(3) WAIVERS.—The Secretary may waive, for 1 fiscal year 
only, the requirements of this subsection if the Secretary deter-
mines that such a waiver would be equitable due to exceptional 
or uncontrollable circumstances such as a natural disaster or 
a precipitous and unforeseen decline in the financial resources 
of the State. 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2002 and for each of the 5 succeeding 
fiscal years. 
"(g) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— 
"(1) IN GENERAL.—If the sums available under this section 
for any fiscal year are insufficient to pay the full amounts 
that all local educational agencies in States are eligible to 
receive under this section for such year, the Secretary shall 
ratably reduce the allocations to such local educational agencies, 
subject to paragraphs (2) and (3). 
"(2) ADDITIONAL FUNDS.—If additional funds become avail-
able for making pa3mients under this section for such fiscal 
year, allocations that were reduced under paragraph (1) shall 
be increased on the same basis as they were reduced. 
"(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if 
sufficient funds are available, the amount made available to 
each local educational agency under this section shall be 
"(A) not less than 95 percent of the amount made 
available for the preceding fiscal year if the number of 
children counted for grants under section 1124 is not less 
115 STAT. 1534 
PUBLIC LAW 107-110-^AN. 8, 2002 
than 30 percent of the total number of children aged 5 
to 17 years, inclusive, in the local educational agency; 
"(B) not less than 90 percent of the amount made 
available for the preceding fiscal year if the percentage 
described in subparagraph (A) is between 15 percent and 
30 percent; and 
"(C) not less than 85 percent of the amount made 
available for the preceding fiscal year if the percentage 
described in subparagraph (A) is below 15 percent. 
"(4) APPLICABILITY.—Notwithstanding any other provision 
of law, the Secretary shall not take into consideration the 
hold-harmless provisions of this subsection for any fiscal year 
for purposes of calculating State or local allocations for the 
fiscal year under any program administered by the Secretary 
other than a program authorized under this part. 
20 use 6338. 
"SEC. 1126. SPECIAL ALLOCATION PROCEDURES. 
"(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— 
"(1) IN GENERAL.—If a State educational agency determines 
that a local educational agency in the State is unable or 
unwilling to provide for the special educational needs of chil-
dren who are living in institutions for neglected children as 
described in section 1124(c)(1)(B), the State educational agency 
shall, if such agency assumes responsibility for the special 
educational needs of such children, receive the portion of such 
local educational agency's allocation under sections 1124, 
1124A, 1125, and 1125A that is attributable to such children. 
"(2) SPECLVL RULE.—If the State educational agency does 
not assume such responsibility, any other State or local public 
agency that does assume such responsibility shall receive that 
portion of the local educational agency's allocation. 
"(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The 
State educational agency may allocate the amounts of grants under 
sections 1124, 1124A, 1125, and 1125A among the affected local 
educational agencies— 
"(1) if two or more local educational agencies serve, in 
whole or in part, the same geographical area; 
"(2) if a local educational agency provides free public edu-
cation for children who reside in the school district of another 
local educational agency; or 
"(3) to reflect the merger, creation, or change of boundaries 
of one or more local educational agencies. 
"(c) REALLOCATION.—If a State educational agency determines 
that the amount of a grant a local educational agency would receive 
under sections 1124, 1124A, 1125, and 1125A is more than such 
local educational agency will use, the State educational agency 
shall make the excess amount available to other local educational 
agencies in the State that need additional funds in accordance 
with criteria established by the State educational agency. 
20 use 6339. 
"SEC. 1127. CARRYOVER AND WAIVER. 
"(a) 
LIMITATION 
ON CARRYOVER.—Notwithstanding section 
421(b) of the General Education Provisions Act or any other provi-
sion of law, not more than 15 percent of the funds allocated to 
a local educational agency for any fiscal year under this subpart 
(but not including funds received through any reallocation under 
this subpart) may remain available for obligation by such agency 
for one additional fiscal year. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1535 
"(b) WAIVER.—^A State educational agency may, once every 3 
years, waive the percentage limitation in subsection (a) if— 
"(1) the agency determines that the request of a local 
educational agency is reasonable and necessary; or 
"(2) supplemental appropriations for this subpart become 
available. 
"(c) EXCLUSION.—The percentage limitation under subsection 
(a) shall not apply to any local educational agency that receives 
less than $50,000 under this subpart for any fiscal year. 
"PART B—STUDENT READING SKILLS 
IMPROVEMENT GRANTS 
"Subpart 1—Reading First 
"SEC. 1201. PURPOSES. 
20 USC 6361. 
"The purposes of this subpart are as follows: 
"(1) To provide assistance to State educational agencies 
and local educational agencies in establishing reading programs 
for students in kindergarten through grade 3 that are based 
on scientifically based reading research, to ensure that every 
student can read at grade level or above not later than the 
end of grade 3. 
"(2) To provide assistance to State educational agencies 
and local educational agencies in preparing teachers, including 
special education teachers, through professional development 
and other support, so the teachers can identify specific reading 
barriers facing their students and so the teachers have the 
tools to effectively help their students learn to read. 
"(3) To provide assistance to State educational agencies 
and local educational agencies in selecting or administering 
screening, 
diagnostic, 
and 
classroom-based 
instructional 
reading assessments. 
"(4) To provide assistance to State educational agencies 
and local educational agencies in selecting or developing effec-
tive instructional materials (including classroom-based mate-
rials to assist teachers in implementing the essential compo-
nents of reading instruction), programs, learning systems, and 
strategies to implement methods that have been proven to 
prevent or remediate reading failure within a State. 
"(5) To strengthen coordination among schools, early lit-
eracy programs, and family literacy programs to improve 
reading achievement for all children. 
"SEC. 
1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES. 
20 USC 6362. 
"(a) IN GENERAL.— 
"(1) AUTHORIZATION TO MAKE GRANTS.—In the case of each 
State educational agency that in accordance with section 1203 
submits to the Secretary an application for a 6-year period, 
the Secretary, from amounts appropriated under section 
1002(b)(1) and subject to the application's approval, shall make 
a grant to the State educational agency for the uses specified 
in subsections (c) and (d). For each fiscal year, the funds pro-
vided under the grant shall equal the allotment determined 
for the State educational agency under subsection (b). 
115 STAT. 1536 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(2) DURATION OF GRANTS.—Subject to subsection (e)(3), 
a grant under this section shall be awarded for a period of 
not more than 6 years. 
"(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— 
"(1) RESERVATIONS FROM APPROPRIATIONS.—From the total 
amount made available to carry out this subpart for a fiscal 
year, the Secretary— 
"(A) shall reserve one-half of 1 percent for allotments 
for the United States Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern Mariana 
Islands, to be distributed among these outlying areas on 
the basis of their relative need, as determined by the 
Secretary in accordance with the purposes of this subpart; 
"(B) shall reserve one-half of 1 percent for the Secretary 
of the Interior for programs under this subpart in schools 
operated or funded by the Bureau of Indian Affairs; 
"(C) may reserve not more than 2V2 percent or 
$25,000,000, whichever is less, to carry out section 1205 
(relating to external evaluation) and section 1206 (relating 
to national activities); 
"(D) shall reserve $5,000,000 to carry out sections 1207 
and 1224 (relating to information dissemination); and 
"(E) for any fiscal year, beginning with fiscal year 
2004, for which the amount appropriated to carry out this 
subpart exceeds the amount appropriated for fiscal year 
2003, shall reserve, to carry out section 1204, the lesser 
of— 
"(i) $90,000,000; or 
"(ii) 10 percent of such excess amount. 
"(2) STATE ALLOTMENTS.—In accordance with paragraph 
(3), the Secretary shall allot among each of the States the 
total amount made available to carry out this subpart for 
any fiscal year and not reserved under paragraph (1). 
"(3) DETERMINATION OF STATE ALLOTMENT AMOUNTS.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall allot the amount made available under 
paragraph (2) for a fiscal year among the States in propor-
tion to the number of children, aged 5 to 17, who reside 
within the State and are from families with incomes below 
the poverty line for the most recent fiscal year for which 
satisfactory data are available, compared to the number 
of such individuals who reside in all such States for that 
fiscal year. 
"(B) EXCEPTIONS.— 
"(i) MINIMUM GRANT AMOUNT.—Subject to clause 
(ii), no State receiving an allotment under subpara-
graph (A) may receive less than one-fourth of 1 percent 
of the total amount allotted under such subparagraph. 
"(ii) PUERTO RICO.—The percentage of the amount 
allotted under subparagraph (A) that is allotted to 
the Commonwealth of Puerto Rico for a fiscal year 
may not exceed the percentage that was received by 
the Commonwealth of Puerto Rico of the funds allo-
cated to all States under subpart 2 of part A for the 
preceding fiscal year. 
"(4) DISTRIBUTION OF SUBGRANTS.—The Secretary may 
make a grant to a State educational agency only if the State 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1537 
educational agency agrees to expend at least 80 percent of 
the amount of the funds provided under the grant for the 
purpose of making, in accordance with subsection (c), competi-
tive subgrants to eligible local educational agencies. 
"(5) 
REALLOTMENT.—If 
a 
State 
educational 
agency 
described in paragraph (2) does not apply for an allotment 
under this section for any fiscal year, or if the State educational 
agency's application is not approved, the Secretary shall reallot 
such amount to the remaining State educational agencies in 
accordance with paragraph (3). 
"(6) DEFINITION OF STATE.—For purposes of this subsection, 
the term 'State' means each of the 50 States, the District 
of Columbia, and the Commonwealth of Puerto Rico. 
"(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
"(1) AUTHORIZATION TO MAKE SUBGRANTS.—In accordance 
with paragraph (2), a State educational agency that receives 
a grant under this section shall make competitive subgrants 
to eligible local educational agencies. 
"(2) ALLOCATION.— 
"(A) MINIMUM SUBGRANT AMOUNT.—In making sub-
grants under paragraph (1), a State educational agency 
shall allocate to each eligible local educational agency that 
receives such a subgrant, at a minimum, an amount that 
bears the same relation to the funds made available under 
subsection (b)(4) as the amount the eligible local edu-
cational agency received under part A for the preceding 
fiscal year bears to the amount all the local educational 
agencies in the State received under part A for the pre-
ceding fiscal year. 
"(B) PRIORITY.—In making subgrants under paragraph 
(1), a State educational agency shall give priority to eligible 
local educational agencies in which at least— 
"(i) 15 percent of the children served by the eligible 
local educational agency are from families with incomes 
below the poverty line; or 
"(ii) 6,500 children served by the eligible local edu-
cational agency are from families with incomes below 
the poverty line. 
"(3) NOTICE.—^A State educational agency receiving a grant 
under this section shall provide notice to all eligible local edu-
cational agencies in the State of the availability of competitive 
subgrants under this subsection and of the requirements for 
applying for the subgrants. 
"(4) LOCAL APPLICATION.—To be eligible to receive a 
subgrant under this subsection, an eligible local educational 
agency shall submit an application to the State educational 
agency at such time, in such manner, and containing such 
information as the State educational agency may reasonably 
require. 
"(5) STATE REQUIREMENT.—In distributing subgrant funds 
to eligible local educational agencies under this subsection, 
a State educational agency shall— 
"(A) provide funds in sufficient size and scope to enable 
the eligible local educational agencies to improve reading 
instruction; and 
115 STAT. 1538 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) provide the funds in amounts related to the 
number or percentage of students in kindergarten through 
grade 3 who are reading below grade level. 
"(6) LIMITATION TO CERTAIN SCHOOLS.—In distributing 
subgrant funds under this subsection, an eligible local edu-
cational agency shall provide funds only to schools that both— 
"(A) are among the schools served by that eligible 
local educational agency with the highest percentages or 
numbers of students in kindergarten through grade 3 
reading below grade level, based on the most currently 
available data; and 
"(B)(i) are identified for school improvement under sec-
tion 1116(b); or 
"(ii) have the highest percentages or numbers of chil-
dren counted under section 1124(c). 
"(7) LOCAL USES OF FUNDS.— 
"(A) REQUIRED USES.—Subject to paragraph (8), an 
eligible local educational agency that receives a subgrant 
under this subsection shall use the funds provided under 
the subgrant to carry out the following activities: 
"(i) Selecting and administering screening, diag-
nostic, 
and 
classroom-based 
instructional 
reading 
assessments. 
"(ii) Selecting and implementing a learning system 
or program of reading instruction based on scientif-
ically based reading research that— 
"(I) includes the essential components of 
reading instruction; and 
"(II) provides such instruction to the children 
in kindergarten through grade 3 in the schools 
served by the eligible local educational agency, 
including children who— 
"(aa) may have reading difficulties; 
"(bb) are at risk of being referred to special 
education based on these difficulties; 
"(cc) have been evaluated under section 
614 of the Individuals with Disabilities Edu-
cation Act but, in accordance with section 
614(b)(5) of that Act, have not been identified 
as being a child with a disability (as defined 
in section 602 of that Act); 
"(dd) are being served under such Act pri-
marily due to being identified as being a child 
with a specific learning disability (as defined 
in section 602 of that Act) related to reading; 
"(ee) are deficient in the essential compo-
nents of reading skills, as listed in subpara-
graphs (A) through (E) of section 1208(3); or 
"(ff) are identified 
as having 
limited 
English proficiency. 
"(iii) Procuring and implementing instructional 
materials, including education technology such as soft-
ware and other digital curricula, that are based on 
scientifically based reading research. 
"(iv) 
Providing 
professional 
development 
for 
teachers of kindergarten through grade 3, and special 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1539 
education teachers of kindergarten through grade 12, 
t h a t -
'll) will prepare these teachers in all of the 
essential components of reading instruction; 
"(II) shall include— 
"(aa) information on instructional mate-
rials, programs, strategies, and approaches 
based on scientifically based reading research, 
including 
early 
intervention, 
classroom 
reading materials, and remedial programs and 
approaches; and 
"(bb) instruction in the use of screening, 
diagnostic, and classroom-based instructional 
reading assessments and other procedures 
that effectively identify students who may be 
at risk for reading failure or who are having 
difficulty reading; 
"(III) shall be provided by eligible professional 
development providers; and 
"(IV) will assist teachers in becoming highly 
qualified in reading instruction in accordance with 
the requirements of section 1119. 
"(v) Collecting and summarizing data— 
"(I) to document the effectiveness of activities 
carried out under this subpart in individual schools 
and in the local educational agency as a whole; 
and 
"(II) to stimulate and accelerate improvement 
by identifying the schools that produce significant 
gains in reading achievement. 
"(vi) Reporting data for all students and categories 
of students described in section llll(b)(2)(C)(v)(II). 
"(vii) Promoting reading and library programs that 
provide access to engaging reading material, including 
coordination with programs funded through grants 
received under subpart 4, where applicable. 
"(B) ADDITIONAL USES.—Subject to paragraph (8), an 
eligible local educational agency that receives a subgrant 
under this subsection may use the funds provided under 
the subgrant to carry out the following activities: 
"(i) Humanities-based family literacy programs 
(which may be referred to as 'Prime Time Family 
Reading Time') that bond families around the acts 
of reading and using public libraries. 
"(ii) Providing training in the essential components 
of reading instruction to a parent or other individual 
who volunteers to be a student's reading tutor, to 
enable such parent or individual to support instruc-
tional practices that are based on scientifically based 
reading research and are being used by the student's 
teacher. 
"(iii) Assisting parents, through the use of mate-
rials and reading programs, strategies, and approaches 
(including family literacy services) that are based on 
scientifically based reading research, to encourage 
reading and support their child's reading development. 
information 
Internet. 
115 STAT. 1540 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(8) 
LOCAL PLANNING AND ADMINISTRATION.—^An eligible 
local educational agency that receives a subgrant under this 
subsection may use not more than 3.5 percent of the funds 
provided under the subgrant for planning and administration. 
"(d) STATE USES OF FUNDS.— 
"(1) IN GENERAL.—^A State educational agency that receives 
a grant under this section may expend not more than a total 
of 20 percent of the grant funds to carry out the activities 
described in paragraphs (3), (4), and (5). 
"(2) PRIORITY.—^A State educational agency shall give pri-
ority to carrying out the activities described in paragraphs 
(3), (4), and (5) for schools described in subsection (c)(6). 
"(3) 
PROFESSIONAL INSERVICE AND PRESERVICE DEVELOP-
MENT AND REVIEW.—A State educational agency may expend 
not more than 65 percent of the amount of the funds made 
available under paragraph (1)— 
"(A) to develop and implement a program of profes-
sional development for teachers, including special education 
teachers, of kindergarten through grade 3 that— 
"(i) will prepare these teachers in all the essential 
components of reading instruction; 
"(ii) shall include— 
"(I) information on instructional materials, 
programs, strategies, and approaches based on sci-
entifically based reading research, including early 
intervention and reading remediation materials, 
programs, and approaches; and 
"(II) instruction in the use of screening, diag-
nostic, and classroom-based instructional reading 
assessments and other scientifically based proce-
dures that effectively identify students who may 
be at risk for reading failure or who are having 
difficulty reading; and 
"(iii) shall be provided by eligible professional 
development providers; 
"(B) to strengthen and enhance preservice courses for 
students preparing, at all public institutions of higher edu-
cation in the State, to teach kindergarten through grade 
3by— 
"(i) reviewing such courses to determine whether 
the courses' content is consistent with the findings 
of the most current 
scientifically 
based 
reading 
research, including findings on the essential compo-
nents of reading instruction; 
"(ii) following up such reviews with recommenda-
tions to ensure that such institutions offer courses 
that meet the highest standards; and 
Reports. 
"(iii) preparing a report on the results of such 
PubUc ^ 
reviews, submitting the report to the reading and lit-
eracy partnership for the State established under sec-
tion 1203(d), and making the report available for public 
review by means of the Internet; and 
"(C) to make recommendations on how the State licen-
sure and certification standards in the area of reading 
might be improved. 
"(4) TECHNICAL ASSISTANCE FOR LOCAL EDUCATIONAL AGEN-
CIES AND SCHOOLS.—^A State educational agency may expend 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1541 
not more than 25 percent of the amount of the funds made 
available under paragraph (1) for one or more of the following: 
"(A) Assisting local educational agencies in accom-
plishing the tasks required to design and implement a 
program under this subpart, including— 
"(i) selecting and implementing a program or pro-
grams of reading instruction based on scientifically 
based reading research; 
"(ii) selecting screening, diagnostic, and classroom-
based instructional reading assessments; and 
"(iii) identifying eligible professional development 
providers to help prepare reading teachers to teach 
students 
using 
the 
programs 
and 
assessments 
described in clauses (i) and (ii). 
"(B) Providing expanded opportunities to students in 
kindergarten through grade 3 who are served by eligible 
local educational agencies for receiving reading assistance 
from alternative providers that includes— 
"(i) screening, diagnostic, and classroom-based 
instructional reading assessments; and 
"(ii) as need is indicated by the assessments under 
clause (i), instruction based on scientifically based 
reading research that includes the essential compo-
nents of reading instruction. 
"(5) PLANNING, ADMINISTRATION, AND REPORTING.— 
"(A) EXPENDITURE OF FUNDS.—^A State educational 
agency may expend not more than 10 percent of the amount 
of funds made available under paragraph (1) for the activi-
ties described in this paragraph. 
"(B) PLANNING AND ADMINISTRATION.—A State edu-
cational agency that receives a grant under this section 
may expend funds made available under subparagraph (A) 
for planning and administration relating to the State uses 
of funds authorized under this subpart, including the fol-
lowing: 
"(i) Administering the distribution of competitive 
subgrants to eligible local educational agencies under 
subsection (c) and section 1204(d). 
"(ii) Assessing and evaluating, on a regular basis, 
eligible local educational agency activities assisted 
under this subpart, with respect to whether they have 
been effective in increasing the number of children 
in grades 1, 2, and 3 served under this subpart who 
can read at or above grade level. 
"(C) ANNUAL REPORTING.— 
"(i) IN GENERAL.—^A State educational agency that 
receives a grant under this section shall expend funds 
made available under subparagraph (A) to provide the 
Secretary annually with a report on the implementa-
tion of this subpart. 
"(ii) INFORMATION INCLUDED.—Each report under 
this subparagraph shall include information on the 
following: 
"(I) Evidence that the State educational agency 
is fulfilling its obligations under this subpart. 
115 STAT. 1542 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(11) Specific identification of those schools and 
local educational agencies that report the largest 
gains in reading achievement. 
"(Ill) The progress the State educational 
agency and local educational agencies within the 
State are making in reducing the number of stu-
dents served under this subpart in grades 1, 2, 
and 3 who are reading below grade level, as dem-
onstrated by such information as teacher reports 
and school evaluations of mastery of the essential 
components of reading instruction. 
"(IV) Evidence on whether the State edu-
cational agency and local educational agencies 
within the State have significantly increased the 
number of students reading at grade level or above, 
significantly increased the percentages of students 
described in section llll(b)(2)(C)(v)(II) who are 
reading at grade level or above, and successfully 
implemented this subpart. 
"(iii) PRIVACY PROTECTION.—Data in the report 
shall be reported in a manner that protects the privacy 
of individuals. 
"(iv) CONTRACT.—To the extent practicable, a State 
educational agency shall enter into a contract with 
an entity that conducts scientifically based reading 
research, under which contract the entity will assist 
the State educational agency in producing the reports 
required to be submitted under this subparagraph. 
"(e) REVIEW.— 
"(1) PROGRESS REPORT.— 
Deadline. 
"(A) SUBMISSION.—Not later than 60 days after the 
termination of the third year of the grant period, each 
State educational agency receiving a grant under this sec-
tion shall submit a progress report to the Secretary. 
"(B) INFORMATION INCLUDED.—The progress report 
shall include information on the progress the State edu-
cational agency and local educational agencies within the 
State are making in reducing the number of students 
served under this subpart in grades 1, 2, and 3 who are 
reading below grade level (as demonstrated by such 
information as teacher reports and school evaluations of 
mastery of the essential components of reading instruction). 
The report shall also include evidence from the State edu-
cational agency and local educational agencies within the 
State that the State educational agency and the local edu-
cational agencies have significantly increased the number 
of students reading at grade level or above, significantly 
increased the percentages of students described in section 
llll(b)(2)(C)(v)(II) who are reading at grade level or above, 
and successfully implemented this subpart. 
"(2) PEER REVIEW.—^The progress report described in para-
graph (1) shall be reviewed by the peer review panel convened 
under section 1203(c)(2). 
"(3) CONSEQUENCES OF INSUFFICIENT PROGRESS.—^After 
submission of the progress report described in paragraph (1), 
if the Secretary determines that the State educational agency 
is not making significant progress in meeting the purposes 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1543 
of this subpart, the Secretary may withhold from the State 
educational agency, in whole or in part, further payments under 
this section in accordance with section 455 of the General 
Education Provisions Act or take such other action authorized 
by law as the Secretary determines necessary, including pro-
viding technical assistance upon request of the State edu-
cational agency. 
"(f) FUNDS NOT USED FOR STATE LEVEL ACTIVITIES.—Any por-
tion of funds described in subsection (d)(1) that a State educational 
agency does not expend in accordance with subsection (d)(1) shall 
be expended for the purpose of making subgrants in accordance 
with subsection (c). 
«SEC. 1203. STATE FORMULA GRANT APPLICATIONS. 
20 USC 6363. 
"(a) APPLICATIONS.— 
"(1) IN GENERAL.—^A State educational agency that desires 
to receive a grant under section 1202 shall submit an applica-
tion to the Secretary at such time and in such form as the 
Secretary may require. The application shall contain the 
information described in subsection (b). 
"(2) SPECIAL APPLICATION PROVISIONS.—For those State 
educational agencies that have received a grant under part 
C of title II (as such part was in effect on the day before 
the date of enactment of the No Child Left Behind Act of 
2001), the Secretary shall establish a modified set of require-
ments for an application under this section that takes into 
account the information already submitted and approved under 
that program and minimizes the duplication of effort on the 
part of such State educational agencies. 
"(b) CONTENTS.—^An application under this section shall contain 
the following: 
"(1) An assurance that the Governor of the State, in con-
sultation with the State educational agency, has established 
a reading and literacy partnership described in subsection (d), 
and a description of how such partnership— 
"(A) coordinated the development of the application; 
and 
"(B) will assist in the oversight and evaluation of the 
State educational agency's activities under this subpart. 
"(2) A description, if applicable, of the State's strategy 
to expand, continue, or modify activities authorized under part 
C of title II (as such part was in effect on the day before 
the date of enactment of the No Child Left Behind Act of 
2001). 
"(3) An assurance that the State educational agency, and 
any local educational agencies receiving a subgrant from that 
State educational agency under section 1202, will, if requested, 
participate in the external evaluation under section 1205. 
"(4) A State educational agency plan containing a descrip-
tion of the following: 
"(A) How the State educational agency will assist local 
educational agencies in identifying screening, diagnostic, 
and classroom-based instructional reading assessments. 
"(B) How the State educational agency will assist local 
educational agencies in identifying instructional materials, 
programs, strategies, and approaches, based on scientif-
ically based reading research, including early intervention 
115 STAT. 1544 
PUBLIC LAW 107-110-JAN. 8, 2002 
and 
reading 
remediation 
materials, 
programs, 
and 
approaches. 
"(C) How the State educational agency will ensure 
that professional development activities related to reading 
instruction and provided under section 1202 are— 
"(i) coordinated with other Federal, State, and local 
level funds, and used effectively to improve instruc-
tional practices for reading; and 
"(ii) based on scientifically based reading research. 
"(D) How the activities assisted under section 1202 
will address the needs of teachers and other instructional 
staff in implementing the essential components of reading 
instruction. 
"(E) How subgrants made by the State educational 
agency under section 1202 will meet the requirements of 
section 1202, including how the State educational agency 
will ensure that eligible local educatioiial agencies receiving 
subgrants under section 1202 will use practices based on 
scientifically based reading research. 
"(F) How the State educational agency will, to the 
extent practicable, make grants to eligible local educational 
agencies in both rural and urban areas. 
"(G) How the State educational agency will build on, 
and promote coordination among literacy programs in the 
State (including federally funded programs such as pro-
grams under the Adult Education and Family Literacy 
Act, the Individuals with Disabilities Education Act, and 
subpart 2), to increase the effectiveness of the programs 
in improving reading for adults and children and to avoid 
duplication of the efforts of the program. 
"(H) How the State educational agency will assess and 
evaluate, on a regular basis, eligible local educational 
agency activities assisted under section 1202, with respect 
to whether the activities have been effective in achieving 
the purposes of section 1202. 
"(I) Any other information that the Secretary may 
reasonably require. 
"(c) APPROVAL OF APPLICATIONS.— 
"(1) IN GENERAL.—The Secretary shall approve an applica-
tion of a State educational agency under this section only 
if such application meets the requirements of this section. 
"(2) PEER REVIEW.— 
"(A) IN GENERAL.—^The Secretary, in consultation with 
the National Institute for Literacy, shall convene a panel 
to evaluate applications under this section. At a minimum, 
the panel shall include— 
"(i) three individuals selected by the Secretary; 
"(ii) three individuals selected by the National 
Institute for Literacy; 
"(iii) three individuals selected by the National 
Research Council of the National Academy of Sciences; 
and 
"(iv) three individuals selected by the National 
Institute of Child Health and Human Development. 
"(B) EXPERTS.—The panel shall include— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1545 
"(i) experts who are competent, by virtue of their 
training, expertise, or experience, to evaluate applica-
tions under this section; 
"(ii) experts who provide professional development 
to individuals who teach reading to children and adults 
based on scientifically based reading research; 
"(iii) experts who provide professional development 
to other instructional staff based on scientifically based 
reading research; and 
"(iv) an individual who has expertise in screening, 
diagnostic, and classroom-based instructional reading 
assessments. 
"(C) RECOMMENDATIONS.—The panel shall recommend 
grant applications from State educational agencies under 
this section to the Secretary for funding or for disapproval. 
"(d) READING AND LITERACY PARTNERSHIPS.— 
"(1) IN GENERAL.—For a State educational agency to receive 
a grant under section 1202, the Governor of the State, in 
consultation with the State educational agency, shall establish 
a reading and literacy partnership. 
"(2) REQUIRED PARTICIPANTS.—The reading and literacy 
partnership shall include the following participants: 
"(A) The Governor of the State. 
• • 
"(B) The chief State school officer. 
"(C) The chairman and the ranking member of each 
committee of the State legislature that is responsible for 
education policy. 
"(D) A representative, selected jointly by the Governor 
and the chief State school officer, of at least one eligible 
local educational agency. 
"(E) A representative, selected jointly by the Governor 
and the chief State school officer, of a community-based 
organization working with children to improve their 
reading skills, particularly a community-based organization 
using tutors and scientifically based reading research. 
"(F) State directors of appropriate Federal or State 
programs with a strong reading component, selected jointly 
by the Governor and the chief State school officer. 
"(G) A parent of a public or private school student 
or a parent who educates the parent's child in the parent's 
home, selected jointly by the Governor and the chief State 
school officer. 
"(H) A teacher, who may be a special education teacher, 
who successfully teaches reading, and another instructional 
staff member, selected jointly by the Governor and the 
chief State school officer. 
"(I) A family literacy service provider selected jointly 
by the Governor and the chief State school officer. 
"(3) OPTIONAL PARTICIPANTS.—The reading and literacy 
partnership may include additional participants, who shall be 
selected jointly by the Governor and the chief State school 
officer, and who may include a representative o
f
— 
"(A) an institution of higher education operating a 
program of teacher preparation in the State that is based 
on scientifically based reading research; 
"(B) a local educational agency; 
115 STAT. 1546 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(C) a private nonprofit or for-profit eligible profes-
sional development provider providing instruction based 
on scientifically based reading research; 
"(D) £in adult education provider; 
"(E) a volunteer organization that is involved in 
reading programs; or 
"(F) a school library or a public library that offers 
reading or literacy programs for children or families. 
"(4) PREEXISTING PARTNERSHIP.—If, before the date of 
enactment of the No Child Left Behind Act of 2001, a State 
educational agency established a consortium, partnership, or 
any other similar body that was considered a reading and 
literacy partnership for purposes of part C of title II of this 
Act (as such part was in effect on the day before the date 
of enactment of No Child Left Behind Act of 2001), that consor-
tium, partnership, or body may be considered a reading and 
literacy partnership for purposes of this subsection consistent 
with the provisions of this subpart. 
20 use 6364. 
"SEC. 1204. TARGETED ASSISTANCE GRANTS. 
"(a) ELIGIBILITY CRITERIA FOR AWARDING TARGETED ASSISTANCE 
Effective date. 
GRANTS TO STATES.—Beginning with fiscal year 2004, from funds 
appropriated under section 1202(b)(1)(E), the Secretary shall make 
grants, on a competitive basis, to those State educational agencies 
that— 
"(1) for each of 2 consecutive years, demonstrate that an 
increasing percentage of third graders in each of the groups 
described in section llll(b)(2)(C)(v)(II) in the schools served 
by the local educational agencies receiving funds under section 
1202 are reaching the proficient level in reading; and 
"(2) for each of the same such consecutive 2 years, dem-
onstrate that schools receiving funds under section 1202 are 
improving the reading skills of students in grades 1, 2, and 
3 based on screening, diagnostic, and classroom-based instruc-
tional reading assessments. 
"(b) CONTINUATION OF PERFORMANCE AWARDS.—For any State 
educational agency that receives a competitive grant under this 
section, the Secretary shall make an award for each of the suc-
ceeding years that the State educational agency demonstrates it 
is continuing to meet the criteria described in subsection (a). 
"(c) DISTRIBUTION OF TARGETED ASSISTANCE GRANTS.— 
"(1) IN GENERAL.—The Secretary shall make a grant to 
each State educational agency with an application approved 
under this section in an amount that bears the same relation 
to the amount made available to carry out this section for 
a fiscal year as the number of children counted under section 
1124(c) for the State bears to the number of such children 
so counted for all States with applications approved for that 
year. 
"(2) PEER REVIEW.—The peer review panel convened under 
section 1203(c)(2) shall review the applications submitted under 
this subsection. The panel shall recommend such applications 
to the Secretary for funding or for disapproval. 
"(3) APPLICATION CONTENTS.—^A State educational agency 
that desires to receive a grant under this section shall submit 
an application to the Secretary at such time, in such manner. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1547 
and accompanied by such information as the Secretary may 
require. Each such appUcation shall include the following: 
"(A) Evidence that the State educational agency has 
carried out its obligations under section 1203. 
"(B) Evidence that the State educational agency has 
met the criteria described in subsection (a). 
"(C) The amount of funds requested by the State edu-
cational agency and a description of the criteria the State 
educational agency intends to use in distributing subgrants 
to eligible local educational agencies under this section 
to continue or expand activities under subsection (d)(5). 
"(D) Evidence that the State educational agency has 
increased significantly the percentage of students reading 
at grade level or above. 
"(E) Any additional evidence that demonstrates success 
in the implementation of this section. 
"(d) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 
"(1) IN GENERAL.—The Secretary may make a grant to 
a State educational agency under this section only if the State 
educational agency agrees to expend 100 percent of the amount 
of the funds provided under this grant for the purpose of making 
competitive subgrants in accordance with this subsection to 
eligible local educational agencies. 
"(2) NOTICE.—A State educational agency receiving a grant 
under this section shall provide notice to all local educational 
agencies in the State of the availability of competitive subgrants 
under this subsection and of the requirements for applying 
for the subgrants. 
"(3) APPLICATION.—To be eligible to receive a subgrant 
under this subsection, an eligible local educational agency shall 
submit an application to the State educational agency at such 
time, in such manner, and containing such information as 
the State educational agency may reasonably require. 
"(4) DISTRIBUTION.— 
"(A) IN GENERAL.—^A State educational agency shall 
distribute subgrants under this section through a competi-
tive process based on relative need of eligible local edu-
cational agencies and the evidence described in this para-
graph. 
"(B) EVIDENCE USED IN ALL YEARS.—For all fiscal years, 
a State educational agency shall distribute subgrants under 
this section based on evidence that an eligible local edu-
cational agency— 
"(i) satisfies the requirements of section 1202(c)(4); 
"(ii) will carry out its obligations under this sub-
part; 
"(iii) will work with other local educational agen-
cies in the State that have not received a subgrant 
under this subsection to assist such nonreceiving agen-
cies in increasing the reading achievement of students; 
and 
"(iv) is meeting the criteria described in subsection 
(a). 
"(5) LOCAL USES OF FUNDS.—An eligible local educational 
agency that receives a subgrant under this subsection— 
115 STAT. 1548 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) shall use the funds provided under the subgrant 
to carry out the activities described in section 1202(c)(7)(A); 
and 
"(B) may use such funds to carry out the activities 
described in section 1202(c)(7)(B). 
20 use 6365. 
«SEC. 1205. EXTERNAL EVALUATION. 
Contracts. 
"(a) 
IN 
GENERAL.—^From funds 
reserved 
under 
section 
1202(b)(1)(C), the Secretary shall contract with an independent 
organization outside of the Department for a 5-year, rigorous, sci-
entifically valid, quantitative evaluation of this subpart. 
"(b) PROCESS.—The evaluation under subsection (a) shall be 
conducted by an organization that is capable of designing and 
carrying out an independent evaluation that identifies the effects 
of specific activities carried out by State educational agencies and 
local educational agencies under this subpart on improving reading 
instruction. Such evaluation shall take into account factors influ-
encing student performance that are not controlled by teachers 
or education administrators. 
"(c) ANALYSIS.—The evaluation under subsection (a) shall 
include the following: 
"(1) An analysis of the relationship between each of the 
essential components of reading instruction and overall reading 
proficiency. 
"(2) An analysis of whether assessment tools used by State 
educational agencies and local educational agencies measure 
the essential components of reading. 
"(3) An analysis of how State reading standards correlate 
with the essential components of reading instruction. 
"(4) An analysis of whether the receipt of a targeted assist-
ance grant under section 1204 results in an increase in the 
number of children who read proficiently. 
"(5) A measurement of the extent to which specific instruc-
tional materials improve reading proficiency. 
"(6) A measurement of the extent to which specific 
screening, 
diagnostic, 
and 
classroom-based 
instructional 
reading assessments assist teachers in identifying specific 
reading deficiencies. 
"(7) A measurement of the extent to which professional 
development programs implemented by State educational agen-
cies using funds received under this subpart improve reading 
instruction. 
"(8) A measurement of how well students preparing to 
enter the teaching profession are prepared to teach the essential 
components of reading instruction. 
"(9) An analysis of changes in students' interest in reading 
and time spent reading outside of school. 
"(10) Any other analysis or measurement pertinent to this 
subpart that is determined to be appropriate by the Secretary. 
"(d) PROGRAM IMPROVEMENT.—The findings of the evaluation 
conducted under this section shall be provided to State educational 
agencies and local educational agencies on a periodic basis for 
use in program improvement. 
20 use 6366. 
"SEC. 1206. NATIONAL ACTIVITIES. 
"From 
funds 
reserved 
under 
section 
1202(b)(1)(C), 
the 
Secretary— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1549 
"(1) may provide technical assistance in achieving the pur-
poses of this subpart to State educational agencies, local edu-
cational agencies, and schools requesting such assistance; 
"(2) shall, at a minimum, evaluate the impact of services 
provided to children under this subpart with respect to their 
referral to, and eligibility for, special education services under 
the Individuals with Disabilities Education Act (based on their 
difficulties learning to read); and 
"(3) shall carry out the external evaluation as described 
in section 1205. 
"SEC. 1207. INFORMATION DISSEMINATION. 
20 USC 6367. 
"(a) 
IN GENERAL.—From 
funds 
reserved 
under 
section 
1202(b)(1)(D), the National Institute for Literacy, in collaboration 
with the Secretary of Education, the Secretary of Health and 
Human Services, and the Director of the National Institute for 
Child Health and Human Development shall— 
"(1) disseminate information on scientifically based reading 
research pertaining to children, youth, and adults; 
"(2) identify and disseminate information about schools, 
local educational agencies, and State educational agencies that 
have effectively developed and implemented classroom reading 
programs that meet the requirements of this subpart, including 
those State educational agencies, local educational agencies, 
and schools that have been identified as effective through the 
evaluation and peer review provisions of this subpart; and 
"(3) support the continued identification and dissemination 
of information on reading programs that contain the essential 
components of reading instruction as supported by scientifically 
based reading research, that can lead to improved reading 
outcomes for children, youth, and adults. 
"(b) DISSEMINATION AND COORDINATION.—^At a minimum, the 
National Institute for Literacy shall disseminate the information 
described in subsection (a) to— 
"(1) recipients of Federal financial assistance under this 
title, title III, the Head Start Act, the Individuals with Disabil-
ities Education Act, and the Adult Education and Family Lit-
eracy Act; and 
"(2) each Bureau funded school (as defined in section 1141 
of the Education Amendments of 1978). 
"(c) USE OF EXISTING NETWORKS.—In carrying out this section, 
the National Institute for Literacy shall, to the extent practicable, 
use existing information and dissemination networks developed and 
maintained through other public and private entities including 
through the Department and the National Center for Family Lit-
eracy. 
"(d) NATIONAL INSTITUTE FOR LITERACY.—For purposes of funds 
reserved under section 1202(b)(1)(D) to carry out this section, the 
National Institute for Literacy shall administer such funds in 
accordance with section 242(b) of Public Law 105-220 (relating 
to the establishment and administration of the National Institute 
for Literacy). 
"SEC. 1208. DEFINITIONS. 
20 USC 6368. 
"In this subpart: 
"(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term 
'eligible local educational agency' means a local educational 
agency that— 
115 STAT. 1550 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) is among the local educational agencies in the 
State with the highest numbers or percentages of students 
in kindergarten through grade 3 reading below grade level, 
based on the most currently available data; and 
"(B) has— 
"(i) jurisdiction over a geographic area 
that 
includes an area designated as an empowerment zone, 
or an enterprise community, under part I of subchapter 
U of chapter 1 of the Internal Revenue Code of 1986; 
"(ii) jurisdiction over a significant number or 
percentage of schools that are identified for school 
improvement under section 1116(b); or 
"(iii) the highest numbers or percentages of chil-
dren who are counted under section 1124(c), in 
comparison to other local educational agencies in the 
State. 
"(2) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.—The 
term 'eligible professional development provider' means a pro-
vider of professional development in reading instruction to 
teachers, including special education teachers, that is based 
on scientifically based reading research. 
"(3) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 
The term 'essential components of reading instruction' means 
explicit and systematic instruction in— 
"(A) phonemic awareness; 
"(B) phonics; 
"(C) vocabulary development; 
"(D) reading fluency, including oral reading skills; and 
"(E) reading comprehension strategies. 
"(4) INSTRUCTIONAL STAFF.—The term 'instructional staff— 
"(A) means individuals who have responsibility for 
teaching children to read; and 
"(B) includes principals, teachers, supervisors of 
instruction, librarians, library school media specialists, 
teachers of academic subjects other than reading, and other 
individuals who have responsibility for assisting children 
to learn to read. 
"(5) READING.—The term 'reading' means a complex system 
of deriving meaning from print that requires all of the following: 
"(A) The skills and knowledge to understand how pho-
nemes, or speech sounds, are connected to print. 
"(B) The ability to decode unfamiliar words. 
"(C) The ability to read fluently. 
"(D) Sufficient background information and vocabulary 
to foster reading comprehension. 
"(E) The development of appropriate active strategies 
to construct meaning from print. 
"(F) The development and maintenance of a motivation 
to read. 
"(6) SCIENTIFICALLY BASED READING RESEARCH.—The term 
'scientifically based reading research' means research that— 
"(A) applies rigorous, systematic, and objective proce-
dures to obtain valid knowledge relevant to reading 
development, reading instruction, and reading difficulties; 
and 
"(B) includes research that— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1551 
"(i) employs systematic, empirical methods that 
draw on observation or experiment; 
"(ii) involves rigorous data analyses that are ade-
quate to test the stated hypotheses and justify the 
general conclusions drawn; 
"(iii) relies on measurements or observational 
methods that provide valid data across evaluators and 
observers and across multiple measurements 
and 
observations; and 
"(iv) has been accepted by a peer-reviewed journal 
or approved by a panel of independent experts through 
a comparably rigorous, objective, and scientific review. 
"(7) 
SCREENING, 
DIAGNOSTIC, 
AND 
CLASSROOM-BASED 
INSTRUCTIONAL READING ASSESSMENTS.— 
"(A) IN GENERAL.—The term 'screening, diagnostic, and 
classroom-based 
instructional 
reading 
assessments' 
means— 
"(i) screening reading assessments; 
"(ii) diagnostic reading assessments; and 
"(iii) classroom-based instructional reading assess-
ments. 
"(B) 
SCREENING 
READING 
ASSESSMENT.—The 
term 
'screening reading assessment' means an assessment that 
is— 
"(i) valid, reliable, and based on scientifically based 
reading research; and 
"(ii) a brief procedure designed as a first step in 
identifying children who may be at high risk for 
delayed development or academic failure and in need 
of further diagnosis of their need for special services 
or additional reading instruction. 
"(C) DIAGNOSTIC READING ASSESSMENT.—The term 
'diagnostic reading assessment' means an assessment that 
is— 
"(i) valid, reliable, and based on scientifically based 
reading research; and 
"(ii) used for the purpose o
f
— 
"(I) identifying a child's specific areas of 
strengths and weaknesses so that the child has 
learned to read by the end of grade 3; 
"(II) determining any difficulties that a child 
may have in learning to read and the potential 
cause of such difficulties; and 
"(III) helping to determine possible reading 
intervention strategies and related special needs. 
"(D) 
CLASSROOM-BASED 
INSTRUCTIONAL 
READING 
ASSESSMENT.—The term 
'classroom-based 
instructional 
reading assessment' means an assessment that— 
"(i) evaluates children's learning based on system-
atic observations by teachers of children performing 
academic tasks that are part of their daily classroom 
experience; and 
"(ii) is used to improve instruction in reading, 
including classroom instruction. 
115 STAT. 1552 
PUBLIC LAW 107-110—JAN. 8, 2002 
"Subpart 2—Early Reading First 
20 use 6371. 
"SEC. 1221. PURPOSES; DEFINITIONS. 
"(a) PURPOSES.—The purposes of this subpart are as follows: 
"(1) To support local efforts to enhance the early language, 
literacy, and prereading development of preschool age children, 
particularly those from low-income families, through strategies 
and professional development that are based on scientifically 
based reading research. 
"(2) To provide preschool age children with cognitive 
learning opportunities in high-quality language and literature-
rich environments, so that the children can attain the funda-
mental knowledge and skills necessary for optimal reading 
development in kindergarten and beyond. 
"(3) To demonstrate language and literacy activities based 
on scientifically based reading research that supports the age-
appropriate development of— 
"(A) recognition, leading to automatic recognition, of 
letters of the alphabet; 
"(B) knowledge of letter sounds, the blending of sounds, 
and the use of increasingly complex vocabulary; 
"(C) an understanding that written language is com-
posed of phonemes and letters each representing one or 
more speech sounds that in combination make up syllables, 
words, and sentences; 
"(D) spoken language, including vocabulary and oral 
comprehension abilities; and 
"(E) knowledge of the purposes and conventions of 
print. 
"(4) To use screening assessments to effectively identify 
preschool age children who may be at risk for reading failure. 
"(5) To integrate such scientific reading research-based 
instructional materials and literacy activities with existing pro-
grams of preschools, child care agencies and programs. Head 
Start centers, and family literacy services. 
"(b) DEFINITIONS.—For purposes of this subpart: 
"(1) ELIGIBLE APPLICANT.—The term 'eligible applicant' 
means— 
"(A) one or more local educational agencies that are 
eligible to receive a subgrant under subpart 1; 
"(B) one or more public or private organizations or 
agencies, acting on behalf of one or more programs that 
serve preschool age children (such as a program at a Head 
Start center, a child care program, or a family literacy 
program), which organizations or agencies shall be located 
in a community served by a local educational agency 
described in subparagraph (A); or 
"(C) one or more local educational agencies described 
in subparagraph (A) in collaboration with one or more 
organizations or agencies described in subparagraph (B). 
"(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 
'scientifically based reading research' has the same meaning 
given to that term in section 1208. 
"(3) SCREENING READING ASSESSMENT.—The term 'screening 
reading assessment' has the same meaning given to that term 
in section 1208. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1553 
"SEC. 1222. LOCAL EARLY READING FIRST GRANTS. 
20 USC 6372. 
"(a) PROGRAM AUTHORIZED.—From amounts appropriated under 
section 1002(b)(2), the Secretary shall award grants, on a competi-
tive basis, for periods of not more than 6 years, to eligible applicants 
to enable the eligible applicants to carry out the authorized activi-
ties described in subsection (d). 
"(b) APPLICATIONS.—^An eligible applicant that desires to receive 
a grant under this section shall submit an application to the Sec-
retary, which shall include a description of— 
"(1) the programs to be served by the proposed project, 
including demographic and socioeconomic information on the 
preschool age children enrolled in the programs; 
"(2) how the proposed project will enhance the school readi-
ness of preschool age children in high-quality oral language 
and literature-rich environments; 
"(3) how the proposed project will prepare and provide 
ongoing assistance to staff in the programs, through profes-
sional development and other support, to provide high-quality 
language, literacy, and prereading activities using scientifically 
based reading research, for preschool age children; 
"(4) how the proposed project will provide services and 
use instructional materials that are based on scientifically 
based 
reading 
research 
on 
early 
language 
acquisition, 
prereading activities, and the development of spoken vocabulary 
skills; 
"(5) how the proposed project will help staff in the programs 
to meet more effectively the diverse needs of preschool age 
children in the community, including such children with limited 
English proficiency, disabilities, or other special needs; 
"(6) how the proposed project will integrate such instruc-
tional materials and literacy activities with existing preschool 
programs and family literacy services; 
"(7) how the proposed project will help children, particularly 
children 
experiencing 
difficulty 
with 
spoken 
language, 
prereading, and early reading skills, to make the transition 
from preschool to formal classroom instruction in school; 
"(8) if the eligible applicant has received a subgrant under 
subpart 1, how the activities conducted under this subpart 
will be coordinated with the eligible applicant's activities under 
subpart 1 at the kindergarten through grade 3 level; 
"(9) how the proposed project will evaluate the success 
of the activities supported under this subpart in enhancing 
the early language, literacy, and prereading development of 
preschool age children served by the project; and 
"(10) such other information as the Secretary may require. 
"(c) APPROVAL OF LOCAL APPLICATIONS.—The Secretary shall 
select applicants for funding under this subpart based on the quality 
of the applications and the recommendations of a peer review panel 
convened under section 1203(c)(2), that includes, at a minimum, 
three individuals, selected from the entities described in clauses 
(ii), (iii), and (iv) of section 1203(c)(2)(A), who are experts in early 
reading development and early childhood development. 
"(d) 
AUTHORIZED 
ACTIVITIES.—^An eligible 
applicant 
that 
receives a grant under this subpart shall use the funds provided 
under the grant to carry out the following activities: 
115 STAT. 1554 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) Providing preschool age children with high-quality oral 
language and literature-rich environments in which to acquire 
language and prereading skills. 
"(2) Providing professional development that is based on 
scientifically based reading research knowledge of early lan-
guage and reading development for the staff of the eligible 
applicant and that will assist in developing the preschool age 
children's— 
"(A) recognition, leading to automatic recognition, of 
letters of the alphabet, knowledge of letters, sounds, 
blending of letter sounds, and increasingly complex vocabu-
lary; 
"(B) understanding that written language is composed 
of phonemes and letters each representing one or more 
speech sounds that in combination make up syllables, 
words, and sentences; 
"(C) spoken language, including vocabulary and oral 
comprehension abilities; and 
"(D) knowledge of the purposes and conventions of 
print. 
"(3) Identifying and providing activities and instructional 
materials that are based on scientifically based reading 
research for use in developing the skills and abilities described 
in paragraph (2). 
"(4) Acquiring, providing training for, and implementing 
screening reading assessments or other appropriate measures 
that are based on scientifically based reading research to deter-
mine whether preschool age children are developing the skills 
described in this subsection. 
"(5) Integrating such instructional materials, activities, 
tools, and measures into the programs offered by the eligible 
applicant. 
"(e) AWARD AMOUNTS.—The Secretary may establish a max-
imum award amount, or ranges of award amounts, for grants under 
this subpart. 
20 use 6373. 
"SEC. 1223. FEDERAL ADMINISTRATION. 
"The Secretary shall consult with the Secretary of Health and 
Human Services to coordinate the activities under this subpart 
with preschool age programs administered by the Department of 
Health and Human Services. 
20 use 6374. 
"SEC. 1224. INFORMATION DISSEMINATION. 
"From the funds the National Institute for Literacy receives 
under section 1202(b)(1)(D), the National Institute for Literacy, 
in consultation with the Secretary, shall disseminate information 
regarding projects assisted under this subpart that have proven 
effective. 
20 use 6375. 
"SEC. 1225. REPORTING REQUIREMENTS. 
"Each eligible applicant receiving a grant under this subpart 
shall report annually to the Secretary regarding the eligible 
applicant's progress in addressing the purposes of this subpart. 
Such report shall include, at a minimum, a description of— 
"(1) the research-based instruction, materials, and activities 
being used in the programs funded under the grant; 
"(2) the types of programs funded under the grant and 
the ages of children served by such programs; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1555 
"(3) the qualifications of the program staff who provide 
early literacy instruction under such programs and the type 
of ongoing professional development provided to such staff; 
and 
"(4) the results of the evaluation described in section 
1222(b)(9). 
"SEC. 1226. EVALUATION. 
"(a) IN GENERAL.—From the total amount made available under 
section 1002(b)(2) for the period beginning October 1, 2002, and 
ending September 30, 2006, the Secretary shall reserve not more 
than $3,000,000 to conduct an independent evaluation of the 
effectiveness of this subpart. 
"(b) REPORTS.— 
"(1) INTERIM REPORT.—Not later than October 1, 2004, 
the Secretary shall submit an interim report to the Committee 
on Education and the Workforce of the House of Representa-
tives and the Committee on Health, Education, Labor, and 
Pensions of the Senate. 
"(2) FINAL REPORT.—Not later than September 30, 2006, 
the Secretary shall submit a final report to the committees 
described in paragraph (1). 
"(c) CONTENTS.—The reports submitted under subsection (b) 
shall include information on the following: 
"(1) How the grant recipients under this subpart are 
improving the prereading skills of preschool children. 
"(2) The effectiveness of the professional development pro-
gram assisted under this subpart. 
"(3) How early childhood teachers are being prepared with 
scientifically based reading research on early reading develop-
ment. 
"(4) What activities and instructional practices are most 
effective. 
"(5) How prereading instructional materials and literacy 
activities based on scientifically based reading research are 
being integrated into preschools, child care agencies and pro-
grams, programs carried out under the Head Start Act, and 
family literacy programs. 
"(6) Any recommendations on strengthening or modifying 
this subpart. 
"Subpart 3—William F. Goodling Even Start 
Family Literacy Programs 
"SEC. 1231. STATEMENT OF PURPOSE. 
"It is the purpose of this subpart to help break the cycle 
of poverty and illiteracy by— 
"(1) improving the educational opportunities of the Nation's 
low-income families by integrating early childhood education, 
adult literacy or adult basic education, and parenting education 
into a unified family literacy program, to be referred to as 
'Even Start'; and 
"(2) establishing a program that shall— 
"(A) be implemented through cooperative projects that 
build on high-quality existing community resources to 
create a new range of services; 
20 u s e 6376. 
Effective date. 
Termination 
date. 
Deadlines. 
20 u s e 6381. 
115 STAT. 1556 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(B) promote the academic achievement of children 
and adults; 
"(C) assist children and adults from low-income fami-
lies to achieve to challenging State content standards and 
challenging State student achievement standards; and 
"(D) use instructional programs based on scientifically 
based reading research and addressing the prevention of 
reading difficulties for children and adults, to the extent 
such research is available. 
20 u s e 6381a. 
"SEC. 1232. 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 
1002(b)(3) 
(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 INDLAJSTS.— 
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 para-
graph (2), from amounts appropriated under section 1002(b)(3), 
the Secretary may reserve not more than 3 percent of such 
amounts for purposes of— 
"(A) carrying out the evaluation required by section 
1239; 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 appro-
priated under section 1002(b)(3) 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 1241(b) 
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 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1557 
excess amount $2,000,000 or 50 percent, whichever is less, 
to carry out section 1241(b). 
"(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 1002(b)(3) exceeds the amount appropriated 
under that section for the preceding fiscal year, the Sec-
retary shall reserve, from the amount of the excess 
remaining after the application of subsection (b)(2), the 
amount of the remainder or $1,000,000, whichever is less, 
to award grants, on a competitive basis, to State edu-
cational 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 coordina-
tion and integration described in subparagraph (A) shall 
include coordination and integration of funds available 
under the Adult Education and Family Literacy Act, the 
Head Start Act, this subpart, part A of this title, and 
part A of title IV of the Social Security Act. 
"(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 title (other than part D). 
"(ii) The Head Start Act. 
"(iii) The Adult Education and Family Literacy 
Act. 
"(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 lit-
eracy services in the State. 
"(C) COORDINATION WITH SUBPART i.—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 
1203(d), if the State educational agency receives a grant 
under section 1202. 
"(3) READING INSTRUCTION.—Statewide family literacy ini-
tiatives 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 
115 STAT. 1558 
PUBLIC LAW 107-110-^AN. 8, 2002 
family literacy services, technical assistance to State edu-
cational agencies receiving a grant under this subsection. 
"(5) MATCHING REQUIREMENT.—The Secretary shall not 
make a grant to a State educational agency under this sub-
section 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 sec-
tion 1002(b)(3) and not reserved under subsection (a), (b), or 
(c), the Secretary shall make grants to State educational agen-
cies from allocations under paragraph (2). 
"(2) ALLOCATIONS.—Except as provided in paragraph (3), 
from the total amount available under paragraph (1) for alloca-
tion 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 
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 1002(b)(3) and not reserved 
under subsections (a), (b), and (c) 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 non-
profit 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 effec-
tive 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 4 of the Indian 
Self-Determination and Education Assistance Act; 
"(4) the term 'scientifically based reading research' has 
the meaning given that term in section 1208; and 
"(5) the term 'State' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
20 u s e 6381b. 
"SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS. 
"(a) 
STATE EDUCATIONAL AGENCY LEVEL ACTIVITIES.—Each 
State educational agency that receives a grant under section 
1232(d)(1) may use not more than a total of 6 percent of the 
grant funds for the costs o
f
— 
PUBLIC LAW 107-lia-JAN. 8, 2002 
115 STAT. 1559 
"(1) administration, which amount shall not exceed half 
of the total; 
"(2) providing, through one or more subgrants or contracts, 
technical assistance for program improvement and replication, 
to eligible entities that receive subgrants under subsection (b); 
and 
"(3) carrying out sections 1240 and 1234(c). 
"(b) SUBGRANTS FOR LOCAL PROGRAMS.— 
"(1) IN GENERAL.—Each State educational agency shall use 
the grant funds received under section 1232(d)(1) and not 
reserved under subsection (a) to award subgrants to eligible 
entities to carry out Even Start programs. 
"(2) MINIMUM SUBGRANT AMOUNTS.— 
"(A) IN GENERAL.—Except as provided in subpara-
graphs (B) and (C), no State educational agency shall award 
a subgrant under paragraph (1) in an amount less than 
$75,000. 
"(B) SUBGRANTEES IN NINTH AND SUCCEEDING YEARS.— 
No state educational agency shall award a subgrant under 
paragraph (1) in an amount less than $52,500 to an eligible 
entity for a fiscal year to carry out an Even Start program 
that is receiving assistance under this subpart or its prede-
cessor authority for the ninth (or any subsequent) fiscal 
year. 
"(C) EXCEPTION FOR SINGLE SUBGRANT.—^A State edu-
cational agency may award one subgrant in each fiscal 
year of sufficient size, scope, and quality to be effective 
in an amount less than $75,000 if, after awarding subgrants 
under paragraph (1) for that fiscal year in accordance with 
subparagraphs (A) and (B), less than $75,000 is available 
to the State educational agency to award those subgrants. 
"SEC. 1234. USES OF FUNDS. 
20 USC 6381c. 
"(a) IN GENERAL.—In carrying out an Even Start program 
under this subpart, a recipient of funds under this subpart shall 
use those funds to pay the Federal share of the cost of providing 
intensive family literacy services that involve parents and children, 
from birth through age 7, in a cooperative effort to help parents 
become full partners in the education of their children and to 
assist children in reaching their full potential as learners. 
"(b) FEDERAL SHARE LIMITATION.— 
"(1) IN GENERAL.— 
"(A) FEDERAL SHARE.—Except as provided in paragraph 
(2), the Federal share under this subpart may not exceed— 
"(i) 90 percent of the total cost of the program 
in the first year that the program receives assistance 
under this subpart or its predecessor authority; 
"(ii) 80 percent in the second year; 
"(iii) 70 percent in the third year; 
"(iv) 60 percent in the fourth year; 
"(v) 50 percent in the fifth, sixth, seventh, and 
eighth such years; and 
"(vi) 35 percent in any subsequent year. 
"(B) REMAINING COST.—The remaining cost of a pro-
gram assisted under this subpart may be provided in cash 
or in kind, fairly evaluated, and may be obtained from 
any source, including other Federal funds under this Act. 
115 STAT. 1560 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) WAIVER.—The State educational agency may waive, 
in whole or in part, the Federal share described in paragraph 
(1) for an eligible entity if the entity— 
"(A) demonstrates that it otherwise would not be able 
to participate in the program assisted under this subpart; 
and 
"(B) negotiates an agreement with the State edu-
cational agency with respect to the amount of the remaining 
cost to which the waiver will be applicable. 
"(3) PROHIBITION.—Federal funds provided under this sub-
part may not be used for the indirect costs of a program 
assisted under this subpart, except that the Secretary may 
waive this paragraph if an eligible recipient of funds reserved 
under section 1232(a)(1)(C) demonstrates to the Secretary's 
satisfaction that the recipient otherwise would not be able 
to participate in the program assisted under this subpart. 
"(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.— 
"(1) IN GENERAL.—^A State educational agency may use 
a portion of funds reserved under section 1233(a), to assist 
eligible entities receiving a subgrant under section 1233(b) in 
improving the quality of family literacy services provided under 
Even Start programs under this subpart, except that in no 
case may a State educational agency's use of funds for this 
purpose for a fiscal year result in a decrease from the level 
of activities and services provided to program participants in 
the preceding year. 
"(2) PRIORITY.—In carrying out paragraph (1), a State edu-
cational agency shall give priority to programs that were of 
low quality, as evaluated based on the indicators of program 
quality developed by the State educational agency under section 
1240. 
"(3) TECHNICAL ASSISTANCE TO HELP LOCAL PROGRAMS RAISE 
ADDITIONAL FUNDS.—In carrying out paragraph (1), a State 
educational agency may use the funds referred to in that para-
graph to provide technical assistance to help local programs 
of demonstrated effectiveness to access and leverage additional 
funds for the purpose of expanding services and reducing 
waiting lists, including requesting and applying for non-Federal 
resources. 
"(4) 
TECHNICAL ASSISTANCE AND TRAINING.—^Assistance 
under paragraph (1) shall be in the form of technical assistance 
and training, provided by a State educational agency through 
a grant, contract, or cooperative agreement with an entity 
that has experience in offering high-quality training and tech-
nical assistance to family literacy providers. 
20 use 6381d. 
"SEC. 1235. PROGRAM ELEMENTS. 
"Each program assisted under this subpart shall— 
"(1) include the identification and recruitment of families 
most in need of services provided under this subpart, as 
indicated by a low level of income, a low level of adult literacy 
or English language proficiency of the eligible parent or parents, 
and other need-related indicators; 
"(2) include screening and preparation of parents, including 
teenage parents, and children to enable those parents and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1561 
children to participate fully in the activities and services pro-
vided under this subpart, including testing, referral to nec-
essary counselling, other developmental and support services, 
and related services; 
"(3) be designed to accommodate the participants' work 
schedule and other responsibilities, including the provision of 
support services, when those services are unavailable from 
other sources, necessary for participation in the activities 
assisted under this subpart, such as— 
"(A) scheduling and locating of services to allow joint 
participation by parents and children; 
"(B) child care for the period that parents are involved 
in the program provided under this subpart; and 
"(C) transportation for the purpose of enabling parents 
and their children to participate in programs authorized 
by this subpart; 
"(4) include high-quality, intensive instructional programs 
that promote adult literacy and empower parents to support 
the educational growth of their children, developmentally 
appropriate early childhood educational services, and prepara-
tion of children for success in regular school programs; 
"(5) with respect to the qualifications of staff the cost 
of whose salaries are paid, in whole or in part, with Federal 
funds provided under this subpart, ensure that— 
"(A) not later than December 21, 2004— 
Deadline. 
"(i) a majority of the individuals providing aca-
demic instruction— 
"(I) shall have obtained an associate's, bach-
elor's, or graduate degree in a field related to 
early childhood education, elementary school or 
secondary school education, or adult education; and 
"(II) if applicable, shall meet qualifications 
established by the State for early childhood edu-
cation, elementary school or secondary school edu-
cation, or adult education provided as part of an 
Even Start program or another family literacy pro-
gram; 
"(ii) the individual responsible for administration 
of family literacy services under this subpart has 
received training in the operation of a family literacy 
program; and 
"(iii) paraprofessionals who provide support for 
academic instruction have a secondary school diploma 
or its recognized equivalent; and 
"(B) all new personnel hired to provide academic 
instruction— 
"(i) have obtained an associate's, bachelor's, or 
graduate degree in a field related to early childhood 
education, elementary school or secondary school edu-
cation, or adult education; and 
"(ii) if applicable, meet qualifications established 
by the State for early childhood education, elementary 
school or secondary school education, or adult edu-
cation provided as part of an Even Start program 
or another family literacy program; 
89-194 O - 03 -19 QL 3 Part 2 
115 STAT. 1562 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(6) include special training of staff, including child-care 
staff, to develop the skills necessary to work with parents 
and young children in the full range of instructional services 
offered through this subpart; 
"(7) provide and monitor integrated instructional services 
to participating parents and children through home-based pro-
grams; 
"(8) operate on a year-round basis, including the provision 
of some program services, including instructional and enrich-
ment services, during the summer months; 
"(9) be coordinated with— 
"(A) other programs assisted under this Act; 
"(B) any relevant programs under the Adult Education 
and Family Literacy Act, the Individuals with Disabilities 
Education Act, and title I of the Workforce Investment 
Act of 1998; and 
"(C) the Head Start program, volunteer literacy pro-
grams, and other relevant programs; 
"(10) use instructional programs based on scientifically 
based reading research for children and adults, to the extent 
that research is available; 
"(11) encourage participating families to attend regularly 
and to remain in the program a sufficient time to meet their 
program goals; 
"(12) include reading-readiness activities for preschool chil-
dren based on scientifically based reading research, to the 
extent available, to ensure that children enter school ready 
to learn to read; 
"(13) if applicable, promote the continuity of family literacy 
to ensure that individuals retain and improve their educational 
outcomes; 
"(14) ensure that the programs will serve those families 
most in need of the activities and services provided by this 
subpart; and 
"(15) provide for an independent evaluation of the program, 
to be used for program improvement. 
20 u s e 6381e. 
"SEC. 1236. ELIGIBLE PARTICIPANTS. 
"(a) IN GENERAL.—Except as provided in subsection (b), eligible 
participants in an Even Start program are— 
"(1) a parent or parents— 
"(A) who are eligible for participation in adult edu-
cation and literacy activities under the Adult Education 
and Family Literacy Act; or 
"(B) who are within the State's compulsory school 
attendance age range, so long as a local educational agency 
provides (or ensures the availability of) the basic education 
component required under this subpart, or who are 
attending secondary school; and 
"(2) the child or children, from birth through age 7, of 
any individual described in paragraph (1). 
"(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.— 
"(1) IN GENERAL.—Family members of eligible participants 
described in subsection (a) may participate in activities and 
services provided under this subpart, when appropriate to serve 
the purpose of this subpart. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1563 
"(2) SPECIAL RULE.—^Any family participating in a program 
assisted under this subpart that becomes ineHgible to partici-
pate as a result of one or more members of the family becoming 
ineligible to participate may continue to participate in the 
program until all members of the family become ineligible 
to participate, which— 
"(A) in the case of a family in which ineligibility was 
due to the child or children of the family attaining the 
age of 8, shall be in 2 years or when the parent or parents 
become ineligible due to educational advancement, which-
ever occurs first; and 
"(B) in the case of a family in which ineligibility was 
due to the educational advancement of the parent or par-
ents of the family, shall be when all children in the family 
attain the age of 8. 
"(3) CHILDREN 8 YEARS OF AGE OR OLDER.—If an Even 
Start program assisted under this subpart collaborates with 
a program under part A, and funds received under the part 
A program contribute to paying the cost of providing programs 
under this subpart to children 8 years of age or older, the 
Even Start program may, notwithstanding subsection (a)(2), 
permit the participation of children 8 years of age or older 
if the focus of the program continues to remain on families 
with young children. 
"SEC. 1237. APPLICATIONS. 
20 USC 6381f. 
"(a) SUBMISSION.—To be eligible to receive a subgrant under 
this subpart, an eligible entity shall submit an application to the 
State educational agency in such form and containing or accom-
panied by such information as the State educational agency shall 
require. 
"(b) 
REQUIRED 
DOCUMENTATION.—Each 
application 
shall 
include documentation, satisfactory to the State educational agency, 
that the eligible entity has the qualified personnel needed— 
"(1) to develop, administer, and implement an Even Start 
program under this subpart; and 
"(2) to provide access to the special training necessary 
to prepare staff for the program, which may be offered by 
an eligible organization. 
"(c) PLAN.— 
"(1) IN GENERAL.—The application shall also include a plan 
of operation and continuous improvement for the program, that 
includes— 
"(A) a description of the program objectives, strategies 
to meet those objectives, and how those strategies and 
objectives are consistent with the program indicators estab-
lished by the State; 
"(B) a description of the activities and services that 
will be provided under the program, including a description 
of how the program will incorporate the program elements 
required by section 1235; 
"(C) a description of the population to be served and 
an estimate of the number of participants to be served; 
"(D) as appropriate, a description of the applicant's 
collaborative efforts with institutions of higher education, 
community-based organizations, the State 
educational 
agency, private elementary schools, or other eligible 
115 STAT. 1564 
PUBLIC LAW 107-110-^AN. 8, 2002 
orgEinizations in carrying out the program for which assist-
ance is sought; 
"(E) a statement of the methods that will be used— 
"(i) to ensure that the programs will serve families 
most in need of the activities and services provided 
by this subpart; 
"(ii) to provide services under this subpart to 
individuals with special needs, such as individuals with 
limited English proficiency and individuals 
with 
disabilities; and 
"(iii) to encourage participants to remain in the 
program for a time sufficient to meet the program's 
purpose; 
"(F) a description of how the plan is integrated with 
other programs under this Act or other Acts, as appropriate; 
and 
"(G) a description of how the plan provides for rigorous 
and objective evaluation of progress toward the program 
objectives described in subparagraph (A) and for continuing 
use of evaluation data for program improvement. 
"(2) DURATION OF THE PLAN.—Each plan submitted under 
paragraph (1) shall— 
"(A) remain in effect for the duration of the eligible 
entity's participation under this subpart; and 
"(B) be periodically reviewed and revised by the eligible 
entity as necessary. 
"(d) CONSOLIDATED APPLICATION.—The plan described in sub-
section (c)(1) may be submitted as part of a consolidated application 
under section 9305. 
20 use 6381g. 
"SEC. 1238. AWARD OF SUBGRANTS. 
"(a) SELECTION PROCESS.— 
"(1) IN GENERAL.—The State educational agency shall 
establish a review panel in accordance with paragraph (3) that 
will approve applications that— 
"(A) are most likely to be successful in— 
"(i) meeting the purpose of this subpart; and 
"(ii) effectively implementing the program ele-
ments required under section 1235; 
"(B) demonstrate that the area to be served by the 
program has a high percentage or a large number of chil-
dren and families who are in need of those services as 
indicated by high levels of poverty, illiteracy, unemploy-
ment, limited English proficiency, or other need-related 
indicators, such as a high percentage of children to be 
served by the program who reside in a school attendance 
area served by a local educational agency eligible for 
participation in programs under part A, a high number 
or percentage of parents who have been victims of domestic 
violence, or a high number or percentage of parents who 
are receiving assistance under a State program funded 
under part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.); 
"(C) provide services for at least a 3-year age range, 
which may begin at birth; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1565 
"(D) demonstrate the greatest possible cooperation and 
coordination between a variety of relevant service providers 
in all phases of the program; 
"(E) include cost-effective budgets, given the scope of 
the application; 
"(F) demonstrate the applicant's ability to provide the 
non-Federal share required by section 1234(b); 
"(G) are representative of urban and rural regions of 
the State; and 
"(H) show the greatest promise for providing models 
that may be adopted by other family literacy projects and 
other local educational agencies. 
"(2) PRIORITY FOR SUBGRANTS.—The State educational 
agency shall give priority for subgrants under this subsection 
to applications that— 
"(A) target services primarily to families described in 
paragraph (1)(B); or 
"(B) are located in areas designated as empowerment 
zones or enterprise communities. 
"(3) REVIEW PANEL.—^A review panel shall consist of at 
least three members, including one early childhood professional, 
one adult education professional, and one individual with exper-
tise in family literacy programs, and may include other individ-
uals, such as one or more of the following: 
"(A) A representative of a parent-child education 
organization. 
"(B) A representative of a community-based literacy 
organization. 
"(C) A member of a local board of education. 
"(D) A representative of business and industry with 
a commitment to education. 
"(E) An individual who has been involved in the 
implementation of programs under this title in the State. 
"(b) DURATION.— 
"(1) IN GENERAL.—Subgrants under this subpart may be 
awarded for a period not to exceed 4 years. 
"(2) STARTUP PERIOD.—The State educational agency may 
provide subgrant funds to an eligible recipient, at the recipient's 
request, for a 3- to 6-month start-up period during the first 
year of the 4-year grant period, which may include staff recruit-
ment and training, and the coordination of services, before 
requiring full implementation of the program. 
"(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds 
to continue a program under this subpart after the first year, 
the State educational agency shall review the progress of each 
eligible entity in meeting the objectives of the program referred 
to in section 1237(c)(1)(A) and shall evaluate the program based 
on the indicators of program quality developed by the State 
under section 1240. 
"(4) 
INSUFFICIENT 
PROGRESS.—The 
State 
educational 
agency may refuse to award subgrant funds to an eligible 
entity if the agency finds that the eligible entity has not suffi-
ciently improved the performance of the program, as evaluated 
based on the indicators of program quality developed by the 
State under section 1240, after— 
"(A) providing technical assistance to the eligible 
entity; and 
115 STAT. 1566 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(B) affording the eligible entity notice and an oppor-
tunity for a hearing. 
"(5) GRANT RENEWAL.—(A) An eligible entity that has pre-
viously received a subgrant under this subpart may reapply 
under this subpart for additional subgrants. 
"(B) The Federal share of any subgrant renewed under 
subparagraph (A) shall be limited in accordance with section 
1234(b). 
20 use 6381h. 
"SEC. 1239. EVALUATION. 
"From funds reserved under section 1232(b)(1), the Secretary 
shall provide for an independent evaluation of programs assisted 
under this subpart— 
"(1) to determine the performance and effectiveness of pro-
grams assisted under this subpart; 
"(2) to identify effective Even Start programs assisted under 
this subpart that can be duplicated and used in providing 
technical assistance to Federal, State, and local programs; and 
"(3) to provide State educational agencies and eligible enti-
ties receiving a subgrant under this subpart, 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 ensure that local evaluations 
undertaken under section 1235(15) provide accurate informa-
tion on the effectiveness of programs assisted under this sub-
part. 
20 use 6381i. 
"SEC. 1240. INDICATORS OF PROGRAM QUALITY. 
"Each State educational agency receiving funds under this sub-
part shall develop, based on the best available research and evalua-
tion data, indicators of program quality for programs assisted under 
this subpart. The indicators shall be used to monitor, evaluate, 
and improve those programs within the State. The indicators shall 
include the following: 
"(1) With respect to eligible participants in a program 
who are adults— 
"(A) achievement in the areas of reading, writing, 
English-language 
acquisition, 
problem 
solving, 
and 
numeracy; 
"(B) receipt of a secondary school diploma or a general 
equivalency diploma (GED); 
"(C) entry into a postsecondary school, job retraining 
program, or employment or career advancement, including 
the military; and 
"(D) such other indicators as the State may develop. 
"(2) With respect to eligible participants in a program 
who are children— 
"(A) improvement in ability to read on grade level 
or reading readiness; 
"(B) school attendance; 
"(C) grade retention and promotion; and 
"(D) such other indicators as the State may develop. 
20 use 6381J. 
"SEC. 1241. RESEARCH. 
"(a) IN GENERAL.—The Secretary shall carry out, through grant 
or contract, research into the components of successful family lit-
eracy services, in order to— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1567 
"(1) improve the quality of existing programs assisted under 
this subpart or other family literacy programs carried out under 
this Act or the Adult Education and Family Literacy Act; and 
"(2) develop models for new programs to be carried out 
under this Act or the Adult Education and Family Literacy 
Act. 
"(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY LITERACY.— 
"(1) IN GENERAL.—From amounts reserved under section 
1232(b)(2), the National Institute for Literacy, in consultation 
with the Secretary, shall carry out research that— 
"(A) is scientifically based reading research; and 
"(B) determines— 
"(i) the most effective ways of improving the lit-
eracy skills of adults with reading difficulties; and 
"(ii) how family literacy services can best provide 
parents with the knowledge and skills the parents 
need to support their children's literacy development. 
"(2) USE OF EXPERT ENTITY.—The National Institute for 
Literacy, in consultation with the Secretary, shall carry out 
the research under paragraph (1) through an entity, including 
a Federal agency, that has expertise in carrying out longitudinal 
studies of the development of literacy skills in children and 
has developed effective interventions to help children with 
reading difficulties. 
"(c) DISSEMINATION.—The National Institute for Literacy shall 
disseminate, pursuant to section 1207, the results of the research 
described in subsections (a) and (b) to State educational agencies 
and recipients of subgrants under this subpart. 
«SEC. 1242. CONSTRUCTION. 
20 USC 6381k. 
"Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving students partici-
pating in Even Start simultaneously with students with similar 
educational needs, in the same educational settings where appro-
priate. 
"Subpart 4—Improving Literacy Through School 
Libraries 
"SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES. 
20 USC 6383. 
"(a) PURPOSES.—The purpose of this subpart is to improve 
literacy skills £md academic achievement of students by providing 
students with increased access to up-to-date school library mate-
rials, a well-equipped, technologically advanced school library media 
center, and well-trained, professionally certified school library 
media specialists. 
"(b) RESERVATION.—From the funds appropriated under section 
1002(b)(4) for a fiscal year, the Secretary shall reserve— 
"(1) one-half of 1 percent to award assistance under this 
section to the Bureau of Indian Affairs to carry out activities 
consistent with the purpose of this subpart; and 
"(2) one-half of 1 percent to award assistance under this 
section to the outlying areas according to their respective needs 
for assist£mce under this subpart. 
"(c) GRANTS.— 
"(1) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL 
AGENCIES.—If the amount of funds appropriated under section 
115 STAT. 1568 
PUBLIC LAW 107-110-^AN. 8, 2002 
1002(b)(4) for a fiscal year is less than $100,000,000, then 
the Secretary shall award grants, on a competitive basis, to 
eligible local educational agencies under subsection (e). 
"(2) FORMULA GRANTS TO STATES.—If the amount of funds 
appropriated under section 1002(b)(4) for a fiscal year equals 
or exceeds $100,000,000, then the Secretary shall award grants 
to State educational agencies from allotments under subsection 
(d). 
"(3) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 
In this section the term 'eligible local educational agency' 
means— 
"(A) in the case of a local educational agency receiving 
assistance made available under paragraph (1), a local 
educational agency in which 20 percent of the students 
served by the local educational agency are from families 
with incomes below the poverty line; and 
"(B) in the case of a local educational agency receiving 
assistance from State allocations made available under 
paragraph (2), a local educational agency in which— 
"(i) 15 percent of the students who are served 
by the local educational agency are from such families; 
or 
"(ii) the percentage of students from such families 
who are served by the local educational agency is 
greater than the statewide percentage of children from 
such families. 
"(d) STATE GRANTS.— 
"(1) ALLOTMENTS.—From funds made available under sub-
section (c)(2) and not reserved under subsections (b) and (j) 
for a fiscal year, the Secretary shall allot to each State edu-
cational agency having an application approved under sub-
section (f)(1) ain amount that bears the same relation to the 
funds as the amount the State educational agency received 
under part A for the preceding fiscal year bears to the amount 
all such State educational agencies received under part A for 
the preceding fiscal year, to increase literacy and reading skills 
by improving school libraries. 
"(2) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL 
AGENCIES.—Each State educational agency receiving an allot-
ment under paragraph (1) for a fiscal year— 
"(A) may reserve not more than 3 percent of the allotted 
funds to provide technical assistance, disseminate informa-
tion about school library media programs that are effective 
and based on scientifically based research, and pay 
administrative costs related to activities under this section; 
and 
"(B) shall use the allotted funds that remain after 
making the reservation under subparagraph (A) to award 
grants, for a period of 1 year, on a competitive basis, 
to eligible local educational agencies in the State that have 
an application approved under subsection (f)(2) for activities 
described in subsection (g). 
"(3) REALLOTMENT.—If a State educational agency does 
not apply for an allotment under this section for any fiscal 
year, or if the State educational agency's application is not 
approved, the Secretary shall reallot the amount of the State 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1569 
educational agency's allotment to the remaining State edu-
cational agencies in accordance with paragraph (1), 
"(e) DIRECT COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDU-
CATIONAL AGENCIES.— 
"(1) IN GENERAL.—From amounts made available under 
subsection (c)(1) and not reserved under subsections (b) and 
(j) for a fiscal year, the Secretary shall award grants, on a 
competitive basis, to eligible local educational agencies that 
have applications approved under subsection (f)(2) for activities 
described in subsection (g). 
"(2) DURATION.—The Secretary shall award grants under 
this subsection for a period of 1 year. 
"(3) DISTRIBUTION.—The Secretary shall ensure that grants 
under this subsection are equitably distributed among the dif-
ferent geographic regions of the United States, and among 
local educational agencies serving urban and rural areas. 
"(f) APPLICATIONS.— 
"(1) STATE EDUCATIONAL AGENCY.—Each State educational 
agency desiring assistance under this section shall submit to 
the Secretary an application at such time, in such manner, 
and containing such information as the Secretary shall require. 
The application shall contain a description of— 
"(A) how the State educational agency will assist 
eligible local educational agencies in meeting the require-
ments of this section and in using scientifically based 
research to implement effective school library media pro-
grams; and 
"(B) the standards and techniques the State edu-
cational agency will use to evaluate the quality and impact 
of activities carried out under this section by eligible local 
educational agencies to determine the need for technical 
assistance and whether to continue to provide additional 
funding to the agencies under this section. 
"(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible 
local educational agency desiring assistance under this section 
shall submit to the Secretary or State educational agency, 
as appropriate, an application at such time, in such manner, 
and containing such information as the Secretary or State 
educational agency, respectively, shall require. The application 
shall contain a description o
f
— 
"(A) a needs assessment relating to the need for school 
library media improvement, based on the age and condition 
of school library media resources, including book collections, 
access of school library media centers to advanced tech-
nology, and the availability of well-trained, professionally 
certified school library media specialists, in schools served 
by the eligible local educational agency; 
"(B) the manner in which the eligible local educational 
agency will use the funds made available through the grant 
to carry out the activities described in subsection (g); 
"(C) how the eligible local educational agency will 
extensively 
involve 
school library 
media 
specialists, 
teachers, administrators, and parents in the activities 
assisted under this section, and the manner in which the 
eligible local educational agency will carry out the activities 
described in subsection (g) using programs and materials 
that are grounded in scientifically based research; 
115 STAT. 1570 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(D) the manner in which the eUgible local educational 
agency will effectively coordinate the funds and activities 
provided under this section with Federal, State, and local 
funds and activities under this subpart and other literacy, 
library, technology, and professional development funds 
and activities; and 
"(E) the manner in which the eligible local educational 
agency will collect and analyze data on the quality and 
impact of activities carried out under this section by schools 
served by the eligible local educational agency. 
"(g) LOCAL ACTIVITIES.—Funds under this section may be used 
to— 
"(1) acquire up-to-date school library media resources, 
including books; 
"(2) acquire and use advanced technology, incorporated into 
the curricula of the school, to develop and enhance the informa-
tion literacy, information retrieval, and critical thinking skills 
of students; 
"(3) facilitate Internet links and other resource-sharing 
networks among schools and school library media centers, and 
public and academic libraries, where possible; 
"(4) provide professional development described in section 
1222(d)(2) for school library media specialists, and activities 
that foster increased collaboration between school library media 
specialists, teachers, and administrators; and 
"(5) provide students with access to school libraries during 
nonschool hours, including the hours before and after school, 
during weekends, and during summer vacation periods. 
"(h) ACCOUNTABILITY AND REPORTING.— 
"(1) 
LOCAL 
REPORTS.—Each eligible 
local 
educational 
agency that receives funds under this section for a fiscal year 
shall report to the Secretary or State educational agency, as 
appropriate, on how the funding was used and the extent 
to which the availability of, the access to, and the use of, 
up-to-date school library media resources in the elementary 
schools and secondary schools served by the eligible local edu-
cational agency was increased. 
"(2) STATE REPORT.—Each State educational agency that 
receives funds under this section shall compile the reports 
received under paragraph (1) and submit the compiled reports 
to the Secretary. 
"(i) SUPPLEMENT, NOT SUPPLANT.—^Funds made available under 
this section shall be used to supplement, and not supplant, other 
Federal, State, and local funds expended to carry out activities 
relating to library, technology, or professional development activi-
ties. 
"(j) NATIONAL ACTIVITIES.— 
"(1) EVALUATIONS.—From the funds appropriated under 
section 1002(b)(4) for each fiscal year, the Secretary shall 
reserve not more than 1 percent for annual, independent, 
national evaluations of the activities assisted under this section 
and their impact on improving the reading skills of students. 
The evaluations shall be conducted not later than 3 years 
after the date of enactment of the No Child Left Behind Act 
of 2001, and biennially thereafter. 
"(2) REPORT TO CONGRESS.—The Secretary shall transmit 
the State reports received under subsection (h)(2) and the 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1571 
evaluations conducted under paragraph (1) to the Committee 
on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Education and the Workforce of the House 
of Representatives. 
" P A R T C — E D U C A T I O N O F M I G R A T O R Y 
C H I L D R E N 
"SEC. 1301. PROGRAM PURPOSE. 
20USC6391. 
"It is the purpose of this part to assist States to— 
"(1) support high-quality and comprehensive educational 
programs for migratory children to help reduce the educational 
disruptions and other problems that result from repeated 
moves; 
"(2) ensure that migratory children who move among the 
States are not penalized in any manner by disparities among 
the States in curriculum, graduation requirements, and State 
academic content and student academic achievement standards; 
"(3) ensure that migratory children are provided with 
appropriate educational services (including supportive services) 
that address their special needs in a coordinated and efficient 
manner; 
"(4) ensure that migratory children receive full and appro-
priate opportunities to meet the same challenging State aca-
demic content and student academic achievement standards 
that all children are expected to meet; 
"(5) design programs to help migratory children overcome 
educational disruption, cultural and language barriers, social 
isolation, various health-related problems, and other factors 
that inhibit the ability of such children to do well in school, 
and to prepare such children to make a successful transition 
to postsecondary education or employment; and 
"(6) ensure that migratory children benefit from State and 
local systemic reforms. 
"SEC. 1302. PROGRAM AUTHORIZED. 
20USC6392. 
"In order to carry out the purpose of this part, the Secretary 
shall make grants to State educational agencies, or combinations 
of such agencies, to establish or improve, directly or through local 
operating agencies, programs of education for migratory children 
in accordance with this part. 
"SEC. 1303. STATE ALLOCATIONS. 
20 USC 6393. 
"(a) STATE ALLOCATIONS.— 
"(1) FISCAL YEAR 2002.—For fiscal year 2002, each State 
(other than the Commonwealth of Puerto Rico) is entitled to 
receive under this part an amount equal to— 
"(A) the sum of the estimated number of migratory 
children aged 3 through 21 who reside in the State full 
time and the full-time equivalent of the estimated number 
of migratory children aged 3 through 21 who reside in 
the State part time, as determined in accordance with 
subsection (e); multiplied by 
"(B) 40 percent of the average per-pupil expenditure 
in the State, except that the amount determined under 
this paragraph shall not be less than 32 percent, nor more 
115 STAT. 1572 
PUBLIC LAW 107-110-^AN. 8, 2002 
than 48 percent, of the average per-pupil expenditure in 
the United States. 
"(2) SUBSEQUENT YEARS.— 
"(A) BASE AMOUNT.— 
"(i) IN GENERAL.—Except as provided in subsection 
(b) and clause (ii), each State (other than the Common-
wealth of Puerto Rico) is entitled to receive under 
this part, for fiscal year 2003 and succeeding fiscal 
years, an amount equal to— 
"(I) the amount that such State received under 
this part for fiscal year 2002; plus 
"(II) the amount allocated to the State under 
subparagraph (B). 
"(ii) NONPARTICIPATING STATES.—In the case of a 
State (other than the Commonwealth of Puerto Rico) 
that did not receive any funds for fiscal year 2002 
under this part, the State shall receive, for fiscal year 
2003 and succeeding fiscal years, an amount equal 
to— 
"(I) the amount that such State would have 
received under this part for fiscal year 2002 if 
its application under section 1304 for the year 
had been approved; plus 
"(II) the amount allocated to the State under 
subparagraph (B). 
"(B) ALLOCATION OF ADDITIONAL AMOUNT.—For fiscal 
year 2003 and succeeding fiscal years, the amount (if any) 
by which the funds appropriated to carry out this part 
for the year exceed such funds for fiscal year 2002 shall 
be allocated to a State (other than the Commonwealth 
of Puerto Rico) so that the State receives an amount equal 
to— 
"(i) the sum o
f
— 
"(I) the number of identified eligible migratory 
children, aged 3 through 21, residing in the State 
during the previous year; and 
"(II) the number of identified eligible migra-
tory children, aged 3 through 21, who received 
services under this part in summer or intersession 
programs provided by the State during such year; 
multiplied by 
"(ii) 40 percent of the average per-pupil expendi-
ture in the State, except that the amount determined 
under this clause may not be less than 32 percent, 
or more than 48 percent, of the average per-pupil 
expenditure in the United States. 
"(b) ALLOCATION TO PUERTO RICO.— 
"(1) IN GENERAL.—For each fiscal year, the grant which 
the Commonwealth of Puerto Rico shall be eligible to receive 
under this part shall be the amount determined by multiplying 
the number of children who would be counted under subsection 
(a)(1)(A) if such subsection applied to the Commonwealth of 
Puerto Rico by the product o
f
— 
"(A) the percentage which the average per-pupil 
expenditure in the Commonwealth of Puerto Rico is of 
the lowest average per-pupil expenditure of any of the 
50 States; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1573 
"(B) 32 percent of the average per-pupil expenditure 
in the United States. 
"(2) MINIMUM PERCENTAGE.—The percentage in paragraph 
(1)(A) shall not be less than— 
"(A) for fiscal year 2002, 77.5 percent; 
"(B) for fiscal year 2003, 80.0 percent; 
"(C) for fiscal year 2004, 82.5 percent; and 
"(D) for fiscal year 2005 and succeeding fiscal years, 
85.0 percent. 
"(3) LIMITATION.—If the application of paragraph (2) for 
any fiscal year would result in any of the 50 States or the 
District of Columbia receiving less under this part than it 
received under this part for the preceding fiscal year, then 
the percentage described in paragraph (1)(A) that is used for 
the Commonwealth of Puerto Rico for the fiscal year for which 
the determination is made shall be the greater of the percentage 
in paragraph (1)(A) for such fiscal year or the percentage used 
for the preceding fiscal year. 
"(c) RATABLE REDUCTIONS; REALLOCATIONS.— 
"(1) IN GENERAL.—(A) If, after the Secretary reserves funds 
under section 1308(c), the amount appropriated to carry out 
this part for any fiscal year is insufficient to pay in full the 
amounts for which all States are eligible, the Secretary shall 
ratably reduce each such amount. 
"(B) If additional funds become available for making such 
payments for any fiscal year, the Secretary shall allocate such 
funds to States in amounts that the Secretary determines will 
best carry out the purpose of this part. 
"(2) SPECIAL RULE.—(A) The Secretary shall further reduce 
the amount of any grant to a State under this part for any 
fiscal year if the Secretary determines, based on available 
information on the numbers and needs of migratory children 
in the State and the program proposed by the State to address 
such needs, that such amount exceeds the amount required 
under section 1304. 
"(B) The Secretary shall reallocate such excess funds to 
other States whose grants under this part would otherwise 
be insufficient to provide an appropriate level of services to 
migratory children, in such amounts as the Secretary deter-
mines are appropriate. 
"(d) CONSORTIUM ARRANGEMENTS.— 
"(1) IN GENERAL.—In the case of a State that receives 
a grant of $1,000,000 or less under this section, the Secretary 
shall consult with the State educational agency to determine 
whether consortium arrangements with another State or other 
appropriate entity would result in delivery of services in a 
more effective and efficient manner. 
"(2) PROPOSALS.—^Any State, regardless of the amount of 
such State's allocation, may submit a consortium arrangement 
to the Secretary for approval. 
"(3) APPROVAL.—The Secretary shall approve a consortium 
arrangement under paragraph (1) or (2) if the proposal dem-
onstrates that the arrangement will— 
"(A) reduce administrative costs or program function 
costs for State programs; and 
115 STAT. 1574 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) make more funds available for direct services to 
add substantially to the welfare or educational attainment 
of children to be served under this part. 
"(e) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order 
to determine the estimated number of migratory children residing 
in each State for purposes of this section, the Secretary shall— 
"(1) use such information as the Secretary finds most 
accurately reflects the actual number of migratory children; 
"(2) develop and implement a procedure for more accurately 
reflecting cost factors for different types of summer and inter-
session program designs; 
"(3) adjust the full-time equivalent number of migratory 
children who reside in each State to take into account— 
"(A) the special needs of those children participating 
in special programs provided under this part that operate 
during the summer and intersession periods; and 
"(B) the additional costs of operating such programs; 
and 
"(4) conduct an analysis of the options for adjusting the 
formula so as to better direct services to the child whose edu-
cation has been interrupted. 
20 use 6394. 
"SEC. 1304. STATE APPLICATIONS; SERVICES. 
"(a) APPLICATION REQUIRED.—^Any State desiring to receive a 
grant under this part for any fiscal year shall submit an application 
to the Secretary at such time and in such manner as the Secretary 
may require. 
"(b) PROGRAM INFORMATION.—Each such application shall 
include— 
"(1) a description of how, in planning, implementing, and 
evaluating programs and projects assisted under this part, the 
State and its local operating agencies will ensure that the 
special educational needs of migratory children, including pre-
school migratory 
children, 
are identified 
and 
addressed 
through— 
"(A) the full range of services that are available for 
migratory children from appropriate local. State, and Fed-
eral educational programs; 
"(B) joint planning among local. State, and Federal 
educational programs serving migrant children, including 
language instruction educational programs under part A 
or B of title III; 
"(C) the integration of services available under this 
part with services provided by those other programs; and 
"(D) measurable program goals and outcomes; 
"(2) a description of the steps the State is taking to provide 
all migratory students with the opportunity to meet the same 
challenging State academic content standards and challenging 
State student academic achievement standards that all children 
are expected to meet; 
"(3) a description of how the State will use funds received 
under this part to promote interstate and intrastate coordina-
tion of services for migratory children, including how, consistent 
with procedures the Secretary may require, the State will pro-
vide for educational continuity through the timely transfer 
of pertinent school records, including information on health, 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1575 
when children move from one school to another, whether or 
not such move occurs during the regular school year; 
"(4) a description of the State's priorities for the use of 
funds received under this part, and how such priorities relate 
to the State's assessment of needs for services in the State; 
"(5) a description of how the State will determine the 
amount of any subgrants the State will award to local operating 
agencies, taking into account the numbers and needs of migra-
tory children, the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local programs; 
"(6) such budgetary and other information as the Secretary 
may require; and 
"(7) a description of how the State will encourage programs 
and projects assisted under this part to offer family literacy 
services if the program or project serves a substantial number 
of migratory children who have parents who do not have a 
high school diploma or its recognized equivalent or who have 
low levels of literacy. 
"(c) ASSURANCES.—Each such application shall also include 
assurances, satisfactory to the Secretary, that— 
"(1) funds received under this part will be used only— 
"(A) for programs and projects, including the acquisi-
tion of equipment, in accordance with section 1306; and 
"(B) to coordinate such programs and projects with 
similar programs and projects within the State and in 
other States, as well as with other Federal programs that 
can benefit migratory children and their families; 
"(2) such programs and projects will be carried out in 
a manner consistent with the objectives of section 1114, sub-
sections (b) and (d) of section 1115, subsections (b) and (c) 
of section 1120A, and part I; 
"(3) in the planning and operation of programs and projects 
at both the State and local agency operating level, there is 
consultation with parent advisory councils for programs of 1 
school year in duration, and that all such programs and projects 
are carried out— 
"(A) in a manner that provides for the same parental 
involvement as is required for programs and projects under 
section 1118, unless extraordinary circumstances make 
such provision impractical; and 
"(B) in a format and language understandable to the 
parents; 
"(4) in planning and carrying out such programs and 
projects, there has been, and will be, adequate provision for 
addressing the unmet education needs of preschool migratory 
children; 
"(5) the effectiveness of such programs and projects will 
be determined, where feasible, using the same approaches and 
standards that will be used to assess the performance of stu-
dents, schools, and local educational agencies under part A; 
"(6) to the extent feasible, such programs and projects 
will provide for— 
"(A) advocacy and outreach activities for migratory 
children and their families, including informing such chil-
dren and families of, or helping such children and families 
^ gain access to, other education, health, nutrition, and social 
services; 
115 STAT. 1576 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) professional development programs, including 
mentoring, for teachers and other program personnel; 
"(C) family literacy programs, including such programs 
that use models developed under Even Start; 
"(D) the integration of information technology into edu-
cational and related programs; and 
"(E) programs to facilitate the transition of secondary 
school students to postsecondary education or employment; 
and 
"(7) the State will assist the Secretary in determining the 
number of migratory children under paragraphs (1)(A) and 
(2)(B)(i) of section 1303(a), through such procedures as the 
Secretary may require. 
"(d) PRIORITY FOR SERVICES.—In providing services with funds 
received under this part, each recipient of such funds shall give 
priority to migratory children who are failing, or most at risk 
of failing, to meet the State's challenging State academic content 
standards and challenging State student academic achievement 
standards, and whose education has been interrupted during the 
regular school year. 
"(e) CONTINUATION OF SERVICES.—^Notwithstanding any other 
provision of this part— 
"(1) a child who ceases to be a migratory child during 
a school term shall be eligible for services until the end of 
such term; 
"(2) a child who is no longer a migratory child may continue 
to receive services for 1 additional school year, but only if 
comparable services are not available through other programs; 
and 
"(3) secondary school students who were eligible for services 
in secondary school may continue to be served through credit 
accrual programs until graduation. 
20 u s e 6395. 
"SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 
"(a) SECRETARIAL APPROVAL.—The Secretary shall approve each 
State application that meets the requirements of this part. 
"(b) PEER REVIEW.—The Secretary may review any such 
application with the assistance and advice of State officials and 
other individuals with relevant expertise. 
20 u s e 6396. 
"SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES. 
"(a) COMPREHENSIVE PLAN.— 
"(1) IN GENERAL.—Each State that receives assistance 
under this part shall ensure that the State and its local oper-
ating agencies identify and address the special educational 
needs of migratory children in accordance with a comprehensive 
State plan that— 
"(A) is integrated with other programs under this Act 
or other Acts, as appropriate; 
"(B) may be submitted as a part of a consolidated 
application under section 9302, if— 
"(i) the special needs of migratory children are 
specifically addressed in the comprehensive State plan; 
"(ii) the comprehensive State plan is developed 
in collaboration with parents of migratory children; 
and 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1577 
"(iii) the comprehensive State plan is not used 
to supplant State efforts regarding, or administrative 
funding for, this part; 
"(C) provides that migratory children will have an 
opportunity to meet the same challenging State academic 
content standards and challenging State student academic 
achievement standards that all children are expected to 
meet; 
"(D) specifies measurable program goals and outcomes; 
"(E) encompasses the full range of services that are 
available for migratory children from appropriate local, 
State, and Federal educational programs; 
"(F) is the product of joint planning among such local. 
State, and Federal programs, including programs under 
part A, early childhood programs, and language instruction 
educational programs under part A or B of title III; and 
"(G) provides for the integration of services available 
under this part with services provided by such other pro-
grams. 
"(2) DURATION OF THE PLAN.—Each such comprehensive 
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) AUTHORIZED ACTIVITIES.— 
"(1) FLEXIBILITY.—In implementing the comprehensive plan 
described in subsection (a), each State educational agency, 
where applicable through its local educational agencies, shall 
have the flexibility to determine the activities to be provided 
with funds made available under this part, except that such 
funds first shall be used to meet the identified needs of migra-
tory children that result from their migratory lifestyle, and 
to permit these children to participate effectively in school. 
"(2) UNADDRESSED NEEDS.—Funds provided under this part 
shall be used to address the needs of migratory children that 
are not addressed by services available from other Federal 
or non-Federal programs, except that migratory children who 
are eligible to receive services under part A may receive those 
services through funds provided under that part, or through 
funds under this part that remain after the agency addresses 
the needs described in paragraph (1). 
"(3) CONSTRUCTION.—Nothing in this part shall be con-
strued to prohibit a local educational agency from serving 
migratory children simultaneously with students with similar 
educational needs in the same educational settings, where 
appropriate. 
"(4) SPECIAL RULE.—Notwithstanding section 1114, a school 
that receives funds under this part shall continue to address 
the identified needs described in paragraph (1), and shall meet 
the special educational needs of migratory children before using 
funds under this part for schoolwide programs under section 
1114. 
115 STAT. 1578 
PUBLIC LAW 107-110-JAN. 8, 2002 
20 u s e 6397. 
"SEC. 1307. BYPASS. 
"The Secretary may use all or part of any State's allocation 
under this part to make arrangements with any public or private 
nonprofit agency to carry out the purpose of this part in such 
State if the Secretary determines that— 
"(1) the State is unable or unwilling to conduct educational 
programs for migratory children; 
"(2) such arrangements would result in more efficient and 
economic administration of such programs; or 
"(3) such arrangements would add substantially to the 
welfare or educational attainment of such children. 
20 u s e 6398. 
"SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES. 
"(a) IMPROVEMENT OF COORDINATION.— 
"(1) IN GENERAL.—^The Secretary, in consultation with the 
States, may make grants to, or enter into contracts with, State 
educational agencies, local educational agencies, institutions 
of higher education, and other public and private nonprofit 
entities to improve the interstate and intrastate coordination 
among such agencies' educational programs, including the 
establishment or improvement of programs for credit accrual 
and exchange, available to migratory students. 
"(2) DURATION.—Grants under this subsection may be 
awarded for not more than 5 years. 
"(b) STUDENT RECORDS.— 
"(1) ASSISTANCE.—The Secretary shall assist States in 
developing effective methods for the electronic transfer of stu-
dent records and in determining the number of migratory chil-
dren in each State. 
"(2) INFORMATION SYSTEM.— 
"(A) IN GENERAL.—The Secretary, in consultation with 
the States, shall ensure the linkage of migrant student 
record systems for the purpose of electronically exchanging, 
among the States, health and educational information 
regarding all migratory students. The Secretary shall 
ensure such linkage occurs in a cost-effective manner, uti-
lizing systems used by the States prior to, or developed 
after, the date of enactment of the No Child Left Behind 
Act of 2001, and shall determine the minimum data ele-
ments that each State receiving funds under this part 
shall collect and maintain. Such elements may include— 
"(i) immunization 
records 
and 
other 
health 
information; 
"(ii) elementary and secondary academic history 
(including partial credit), credit accrual, and results 
from State assessments required under section 1111(b); 
"(iii) other academic information 
essential to 
ensuring that migratory children achieve to high stand-
ards; and 
"(iv) eligibility for services under the Individuals 
with Disabilities Education Act. 
Federal Register, 
"(B) NOTICE AND COMMENT.—^After consulting w i t h t h e 
publication. 
States under subparagraph (A), the Secretary shall publish 
a notice in the Federal Register seeking public comment 
on the proposed data elements that each State receiving 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1579 
funds under this part shall be required to collect for pur-
poses of electronic transfer of migratory student informa-
tion and the requirements that States shall meet for imme-
diate electronic access to such information. Such publica- Deadline, 
tion shall occur not later than 120 days after the date 
of enactment of the No Child Left Behind Act of 2001. 
"(3) No COST FOR CERTAIN TRANSFERS.—^A State educational 
agency or local educational agency receiving assistance under 
this part shall make student records available to another State 
educational agency or local educational agency that requests 
the records at no cost to the requesting agency, if the request 
is made in order to meet the needs of a migratory child. 
"(4) REPORT TO CONGRESS.— 
"(A) IN GENERAL.—Not later than April 30, 2003, the Deadline. 
Secretary shall report to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the Com-
mittee on Education and the Workforce of the House of 
Representatives the Secretary's findings and recommenda-
tions regarding the maintenance and transfer of health 
and educational information for migratory students by the 
States. 
"(B) REQUIRED CONTENTS.—The Secretary shall include 
in such report— 
"(i) a review of the progress of States in developing 
and linking electronic records transfer systems; 
"(ii) recommendations for the development and 
linkage of such systems; and 
"(iii) recommendations for measures that may be 
taken to ensure the continuity of services provided 
for migratory students. 
"(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out 
this section in any fiscal year, the Secretary shall reserve not 
more than $10,000,000 of the amount appropriated to carry out 
this part for such year. 
"(d) INCENTIVE GRANTS.—From the amounts made available 
to carry out this section for any fiscal year, the Secretary may 
reserve not more than $3,000,000 to award grants of not more 
than $250,000 on a competitive basis to State educational agencies 
that propose a consortium arrangement with another State or other 
appropriate entity that the Secretary determines, pursuant to cri-
teria that the Secretary shall establish, will improve the delivery 
of services to migratory children whose education is interrupted. 
"(e) DATA COLLECTION.—The Secretary shall direct the National 
Center for Education Statistics to collect data on migratory children. 
"SEC. 1309. DEFINITIONS. 
20 USC 6399. 
"As used in this part: 
"(1) LOCAL OPERATING AGENCY.—The term 'local operating 
agency' means— 
"(A) a local educational agency to which a State edu-
cational agency makes a subgrant under this part; 
"(B) a public or nonprofit private agency with which 
a State educational agency or the Secretary makes an 
arrangement to carry out a project under this part; or 
"(C) a State educational agency, if the State edu-
cational agency operates the State's migrant education pro-
gram or projects directly. 
115 STAT. 1580 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) MIGRATORY CHILD.—^The term 'migratory child' means 
a child who is, or whose parent or spouse is, a migratory 
agricultural worker, including a migratory dairy worker, or 
a migratory fisher, and who, in the preceding 36 months, in 
order to obtain, or accompany such parent or spouse, in order 
to obtain, temporary or seasonal employment in agricultural 
or fishing work— 
"(A) has moved fi*om one school district to another; 
"(B) in a State that is comprised of a single school 
district, has moved from one administrative area to another 
within such district; or 
"(C) resides in a school district of more than 15,000 
square miles, and migrates a distance of 20 miles or more 
to a temporary residence to engage in a fishing activity. 
"PART D—PREVENTION AND INTERVENTION 
PROGRAMS FOR CHILDREN AND YOUTH 
WHO ARE NEGLECTED, DELINQUENT, OR AT-
RISK 
20 use 6421. 
"SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION. 
"(a) PURPOSE.—It is the purpose of this part— 
"(1) to improve educational services for children and youth 
in local and State institutions for neglected or delinquent chil-
dren and youth so that such children and youth have the 
opportunity to meet the same challenging State academic con-
tent standards and challenging State student academic achieve-
ment standards that all children in the State are expected 
to meet; 
"(2) to provide such children and youth with the services 
needed to make a successful transition from institutionalization 
to further schooling or employment; and 
"(3) to prevent at-risk youth from dropping out of school, 
and to provide dropouts, and children and youth returning 
from correctional facilities or institutions for neglected or delin-
quent children and youth, with a support system to ensure 
their continued education. 
"(b) PROGRAM AUTHORIZED.—^In order to carry out the purpose 
of this part and from amounts appropriated under section 1002(d), 
the Secretary shall make grants to State educational agencies to 
enable such agencies to award subgrants to State agencies and 
local educational agencies to establish or improve programs of edu-
cation for neglected, delinquent, or at-risk children and youth. 
20 use 6422. 
"SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART. 
"(a) AGENCY SUBGRANTS.—Based on the allocation amount com-
puted under section 1412, the Secretary shall allocate to each 
State educational agency an amount necessary to make subgrants 
to State agencies under subpart 1. 
"(b) LOCAL SUBGRANTS.—Each State shall retain, for the pur-
pose of carrying out subpart 2, funds generated throughout the 
State under part A of this title based on children and youth residing 
in local correctional facilities, or attending community day programs 
for delinquent children and youth. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1581 
"Subpart 1—State Agency Programs 
"SEC. 1411. ELIGIBILITY. 
20 USC 6431. 
"A State agency is eligible for assistance under this subpart 
if such State agency is responsible for providing free public edu-
cation for children and youth— 
"(1) in institutions for neglected or delinquent children 
and youth; 
"(2) attending community day programs for neglected or 
delinquent children and youth; or 
"(3) in adult correctional institutions. 
"SEC. 1412. ALLOCATION OF FUNDS. 
20 USC 6432. 
"(a) SUBGRANTS TO STATE AGENCIES.— 
"(1) IN GENERAL.—Each State agency described in section 
1411 (other than an agency in the Commonwealth of Puerto 
Rico) is eligible to receive a subgrant under this subpart, for 
each fiscal year, in an amount equal to the product o
f
— 
"(A) the number of neglected or delinquent children 
and youth described in section 1411 who— 
"(i) are enrolled for at least 15 hours per week 
in education programs in adult correctional institu-
tions; and 
"(ii) are enrolled for at least 20 hours per week— 
"(I) in education programs in institutions for 
neglected or delinquent children and youth; or 
"(II) in community day programs for neglected 
or delinquent children and youth; and 
"(B) 40 percent of the average per-pupil expenditure 
in the State, except that the amount determined under 
this subparagraph shall not be less than 32 percent, nor 
more than 48 percent, of the average per-pupil expenditure 
in the United States. 
"(2) SPECIAL RULE.—The number of neglected or delinquent 
children and youth determined under paragraph (1) shall— 
"(A) be determined by the State agency by a deadline 
set by the Secretary, except that no State agency shall 
be required to determine the number of such children and 
youth on a specific date set by the Secretary; and 
"(B) be adjusted, as the Secretary determines is appro-
priate, to reflect the relative length of such agency's annual 
programs. 
"(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RiCO.— 
"(1) IN GENERAL.—For each fiscal year, the amount of the 
subgrant which a State agency in the Commonwealth of Puerto 
Rico shall be eligible to receive under this subpart shall be 
the amount determined by multiplying the number of children 
counted under subsection (a)(1)(A) for the Commonwealth of 
Puerto Rico by the product of— 
"(A) the percentage which the average per-pupil 
expenditure in the Commonwealth of Puerto Rico is of 
the lowest average per-pupil expenditure of any of the 
50 States; and 
"(B) 32 percent of the average per-pupil expenditure 
in the United States. 
"(2) MINIMUM PERCENTAGE.—The percentage in paragraph 
(1)(A) shall not be less than— 
115 STAT. 1582 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) for fiscal year 2002, 77.5 percent; 
"(B) for fiscal year 2003, 80.0 percent; 
"(C) for fiscal year 2004, 82.5 percent; and 
"(D) for jfiscal year 2005 and succeeding fiscal years, 
85.0 percent. 
"(3) LIMITATION.—If the application of paragraph (2) would 
result in any of the 50 States or the District of Columbia 
receiving less under this subpart than it received under this 
subpart for the preceding fiscal year, then the percentage 
described in paragraph (1)(A) that is used for the Common-
wealth of Puerto Rico for the fiscal year for which the deter-
mination is made shall be the greater of— 
"(A) the percentage in paragraph (1)(A) for such fiscal 
year; or 
"(B) the percentage used for the preceding fiscal year. 
"(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIA-
TIONS.—If the amount appropriated for any fiscal year for subgrants 
under subsections (a) and (b) is insufficient to pay the full amount 
for which all State agencies are eligible under such subsections, 
the Secretary shall ratably reduce each such amount. 
20 use 6433. 
"SEC. 1413. STATE REALLOCATION OF FUNDS. 
"If a State educational agency determines that a State agency 
does not need the full amount of the subgrant for which such 
State agency is eligible under this subpart for any fiscal year, 
the State educational agency may reallocate the amount that will 
not be needed to other eligible State agencies that need additional 
funds to carry out the purpose of this part, in such amounts as 
the State educational agency shall determine. 
20 use 6434. 
"SEC. 1414. 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 pro-
grams; and 
"(C) that is integrated with other programs under this 
Act 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 sub-
part will be carried out in accordance with the State 
plan described in this subsection; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1583 
"(ii) carry out the evaluation requirements of sec-
tion 1431; 
"(iii) ensure that the State agencies receiving sub-
grants under this subpart comply with all applicable 
statutory and regulatory requirements; and 
"(iv) provide such other information as the Sec-
retary 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 £md 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 1111, 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 1416 are of high quality; 
"(6) describes how the State agency will carry out the 
evaluation requirements of section 9601 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 main-
tained the fiscal effort required of a local educational agency, 
in accordance with section 9521; 
"(8) describes how the programs will be coordinated with 
other appropriate State and Federal programs, such as pro-
grams under title I of Public Law 105-220, vocational and 
technical education programs. State and local dropout preven-
tion programs, and special education programs; 
"(9) describes how the State agency will encourage correc-
tional facilities receiving funds under this subpart to coordinate 
with local educational agencies or alternative education pro-
grams attended by incarcerated children and youth prior to 
their incarceration to ensure that student assessments and 
appropriate academic records are shared jointly between the 
115 STAT. 1584 
PUBLIC LAW 107-110-^AN. 8, 2002 
correctional facility and the local educational agency or alter-
native 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 pre-
venting 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 quali-
fied 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. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1585 
"SEC. 1415. USE OF FUNDS. 
20 USC 6435. 
"(a) USES.— 
"(1) IN GENERAL.—A State agency shall use funds received 
under this subpart only for programs and projects that— 
"(A) are consistent with the State plan under section 
1414(a); and 
"(B) concentrate on providing participants with the 
knowledge andskills needed to make a successful transition 
to secondary school completion, vocational or technical 
training, further education, or employment. 
"(2) 
PROGRAMS 
AND 
PROJECTS.—Such 
programs 
and 
projects— 
"(A) may include the acquisition of equipment; 
"(B) shall be designed to support educational services 
that— 
"(i) except for institution-wide projects under sec-
tion 1416, are provided to children and youth identified 
by the State agency as failing, or most at-risk of failing, 
to meet the State's challenging academic content stand-
ards and student academic achievement standards; 
"(ii) supplement and improve the quality of the 
educational services provided to such children and 
youth by the State agency; and 
"(iii) afford such children and youth an opportunity 
to meet challenging State academic achievement stand-
ards; 
"(C) shall be carried out in a manner consistent with 
section 1120A and part I (as applied to programs and 
projects under this part); and 
"(D) may include the costs of meeting the evaluation 
requirements of section 9601. 
"(b) SUPPLEMENT, NOT SUPPLANT.—^A program under this sub-
part that supplements the number of hours of instruction students 
receive from State and local sources shall be considered to comply 
with the supplement, not supplant requirement of section 1120A 
(as applied to this part) without regard to the subject areas in 
which instruction is given during those hours. 
«SEC. 1416. INSTITUTION-WIDE PROJECTS. 
20 USC 6436. 
"A State agency that provides free public education for children 
and youth in an institution for neglected or delinquent children 
and youth (other than an adult correctional institution) or attending 
a community-day program for such children and youth may use 
funds received under this subpart to serve all children in, and 
upgrade the entire educational effort of, that institution or program 
if the State agency has developed, and the State educational agency 
has approved, a comprehensive plan for that institution or program 
that— 
"(1) provides for a comprehensive assessment of the edu-
cational needs of all children and youth in the institution 
or program serving juveniles; 
"(2) provides for a comprehensive assessment of the edu-
cational needs of youth aged 20 and younger in adult facilities 
who are expected to complete incarceration within a 2-year 
period; 
"(3) describes the steps the State agency has taken, or 
will take, to provide all children and youth under age 21 
115 STAT. 1586 
PUBLIC LAW 107-110-^AN. 8, 2002 
with the opportunity to meet challenging State academic con-
tent standards and student academic achievement standards 
in order to improve the likelihood that the children and youth 
will complete secondary school, attain a secondary diploma 
or its recognized equivalent, or find employment after leaving 
the institution; 
"(4) describes the instructional program, pupil services, 
and procedures that will be used to meet the needs described 
in paragraph (1), including, to the extent feasible, the provision 
of mentors for the children and youth described in paragraph 
(1); 
"(5) specifically describes how such funds will be used; 
"(6) describes the measures and procedures that will be 
used to assess student progress; 
"(7) describes how the agency has planned, and will imple-
ment and evaluate, the institution-wide or program-wide project 
in consultation with personnel providing direct instructional 
services and support services in institutions or community-
day programs for neglected or delinquent children and youth, 
and with personnel from the State educational agency; and 
"(8) includes an assurance that the State agency has pro-
vided for appropriate training for teachers and other instruc-
tional and administrative personnel to enable such teachers 
and personnel to carry out the project effectively. 
20 u s e 6437. 
"SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS. 
"If a State agency operates a program or project under this 
subpart in which individual children or youth are likely to partici-
pate for more than 1 year, the State educational agency may 
approve the State agency's application for a subgrant under this 
subpart for a period of not more than 3 years. 
20 u s e 6438. 
"SEC. 1418. TRANSITION SERVICES. 
"(a) TRANSITION SERVICES.—Each State agency shall reserve 
not less than 15 percent and not more than 30 percent of the 
amount such agency receives under this subpart for any fiscal 
year to support— 
"(1) projects that facilitate the transition of children and 
youth from State-operated institutions to schools served by 
local educational agencies; or 
"(2) the successful reentry of youth offenders, who are 
age 20 or younger and have received a secondary school diploma 
or its recognized equivalent, into postsecondary education, or 
vocational and technical training programs, through strategies 
designed to expose the youth to, and prepare the youth for, 
postsecondary education, or vocational and technical training 
programs, such as— 
"(A) preplacement programs that allow adjudicated or 
incarcerated youth to audit or attend courses on college, 
university, or community college campuses, or through pro-
grams provided in institutional settings; 
"(B) worksite schools, in which institutions of higher 
education and private or public employers partner to create 
programs to help students make a successful transition 
to postsecondary education and employment; and 
"(C) essential support services to ensure the success 
of the youth, such as— 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
115 STAT. 1587 
"(i) personal, vocational and technical, and aca-
demic, counseling; 
"(ii) placement services designed to place the youth 
in a university, college, or junior college program; 
"(iii) information concerning, and assistance in 
obtaining, available student financial aid; 
"(iv) counseling services; and 
"(v) job placement services. 
"(b) CONDUCT OF PROJECTS.—^A project supported under this 
section may be conducted directly by the State agency, or through 
a contract or other arrangement with one or more local educational 
agencies, other public agencies, or private nonprofit organizations. 
"(c) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to prohibit a school that receives funds under sub-
section (a) from serving neglected and delinquent children and 
youth simultaneously with students with similar educational needs, 
in the same educational settings where appropriate. 
"SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL 
20 USC 6439. 
PROGRAM. 
"The Secretary may reserve not more than 2.5 percent of the 
amount made available to carry out this subpart for a fiscal year— 
"(1) to develop a uniform model to evaluate the effectiveness 
of programs assisted under this subpart; and 
"(2) to provide technical assistance to and support the 
capacity building of State agency programs assisted under this 
subpart. 
"Subpart 2—Local Agency Programs 
"SEC. 1421. PURPOSE. 
20 USC 6451. 
"The purpose of this subpart is to support the operation of 
local educational agency programs that involve collaboration with 
locally operated correctional facilities— 
"(1) to carry out high quality education programs to prepare 
children and youth for secondary school completion, training, 
employment, or further education; 
"(2) to provide activities to facilitate the transition of such 
children and youth from the correctional program to further 
education or emplo3mient; and 
"(3) to operate programs in local schools for children and 
youth returning from correctional facilities, and programs which 
may serve at-risk children and youth. 
"SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGEN- 
20 USC 6452. 
CIES. 
"(a) LOCAL SUBGRANTS.—^With funds made available under sec-
tion 1402(b), the State educational agency shall award subgrants 
to local educational agencies with high numbers or percentages 
of children and youth residing in locally operated (including county 
operated) correctional facilities for children and youth (including 
facilities involved in community day programs). 
"(b) SPECIAL RULE.—^A local educational agency that serves 
a school operated by a correctional facility is not required to operate 
a program of support for children and youth returning from such 
school to a school that is not operated by a correctional agency 
but served by such local educational agency, if more than 30 percent 
of the children and youth attending the school operated by the 
115 STAT. 1588 
PUBLIC LAW 107-110—JAN. 8, 2002 
correctional facility will reside outside the boundaries served by 
the local educational agency after leaving such facility. 
"(c) NOTIFICATION.—^A State educational agency shall notify 
local educational agencies within the State of the eligibility of 
such agencies to receive a subgrant under this subpart. 
"(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and 
supportive programs operated in local educational agencies under 
this subpart shall be designed primarily to meet the transitional 
and academic needs of students returning to local educational agen-
cies or alternative education programs from correctional facilities. 
Services to students at-risk of dropping out of school shall not 
have a negative impact on meeting the transitional and academic 
needs of the students returning from correctional facilities. 
20 use 6453. 
"SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 
"Each local educational agency desiring assistance under this 
subpart shall submit an application to the State educational agency 
that contains such information as the State educational agency 
may require. Each such application shall include— 
"(1) a description of the program to be assisted; 
"(2) a description of formal agreements, regarding the pro-
gram to be assisted, between— 
"(A) the local educational agency; and 
"(B) correctional facilities and alternative school pro-
grams serving children and youth involved with the juve-
nile justice system; 
"(3) as appropriate, a description of how participating 
schools will coordinate with facilities working with delinquent 
children and youth to ensure that such children and youth 
are participating in an education program comparable to one 
operating in the local school such youth would attend; 
"(4) a description of the program operated by participating 
schools for children and youth returning from correctional facili-
ties and, as appropriate, the types of services that such schools 
will provide such children and youth and other at-risk children 
and youth; 
"(5) a description of the characteristics (including learning 
difficulties, substance abuse problems, and other special needs) 
of the children and youth who will be returning from correc-
tional facilities and, as appropriate, other at-risk children and 
youth expected to be served by the program, and a description 
of how the school will coordinate existing educational programs 
to meet the unique educational needs of such children and 
youth; 
"(6) as appropriate, a description of how schools will coordi-
nate with existing social, health, and other services to meet 
the needs of students returning from correctional facilities, 
at-risk children or youth, and other participating children or 
youth, including prenatal health care and nutrition services 
related to the health of the parent and the child or youth, 
parenting and child development classes, child care, targeted 
reentry 
and outreach programs, referrals 
to 
community 
resources, and scheduling flexibility; 
"(7) as appropriate, a description of any partnerships with 
local businesses to develop training, curriculum-based youth 
entrepreneurship education, and mentoring services for partici-
pating students; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1589 
"(8) as appropriate, a description of how the program will 
involve parents in efforts to improve the educational achieve-
ment of their children, assist in dropout prevention activities, 
and prevent the involvement of their children in delinquent 
activities; 
"(9) a description of how the program under this subpart 
will be coordinated with other Federal, State, and local pro-
grams, such as programs under title I of Public Law 105-
220 and vocational and technical education programs serving 
at-risk children and youth; 
"(10) a description of how the program will be coordinated 
with programs operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 and other comparable programs, 
if applicable; 
"(11) as appropriate, a description of how schools will work 
with probation officers to assist in meeting the needs of children 
and youth returning from correctional facilities; 
"(12) a description of the efforts participating schools will 
make to ensure correctional facilities working with children 
and youth are aware of a child's or youth's existing individual-
ized education program; and 
"(13) as appropriate, a description of the steps participating 
schools will take to find alternative placements for children 
and youth interested in continuing their education but unable 
to participate in a regular public school program. 
"SEC. 1424. USES OF FUNDS. 
20 USC 6454. 
"Funds provided to local educational agencies under this sub-
part may be used, as appropriate, for— 
"(1) programs that serve children and youth returning to 
local schools from correctional facilities, to assist in the transi-
tion of such children and youth to the school environment 
and help them remain in school in order to complete their 
education; 
"(2) dropout prevention programs which serve at-risk chil-
dren and youth, including pregnant and parenting teens, chil-
dren and youth who have come in contact with the juvenile 
justice system, children and youth at least 1 year behind their 
expected grade level, migrant youth, immigrant youth, students 
with limited English proficiency, and gang members; 
"(3) the coordination of health and social services for such 
individuals if there is a likelihood that the provision of such 
services, including day care, drug and alcohol counseling, and 
mental health services, will improve the likelihood such individ-
uals will complete their education; 
"(4) special programs to meet the unique academic needs 
of participating children and youth, including vocational and 
technical education, special education, career counseling, cur-
riculum-based youth entrepreneurship education, and assist-
ance in securing student loans or grants for postsecondary 
education; and 
"(5) programs providing mentoring and peer mediation. 
"SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILI- 
20 USC 6455. 
TIES RECEIVING FUNDS UNDER THIS SECTION. 
"Each correctional facility entering into an agreement with 
a local educational agency under section 1423(2) to provide services 
to children and youth under this subpart shall— 
115 STAT. 1590 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(1) where feasible, ensure that educational programs in 
the correctional facility are coordinated with the student's home 
school, particularly with respect to a student with an individual-
ized education program under part B of the Individuals with 
Disabilities Education Act; 
"(2) if the child or youth is identified as in need of special 
education services while in the correctional facility, notify the 
local school of the child or youth of such need; 
"(3) where feasible, provide transition assistance to help 
the child or youth stay in school, including coordination of 
services for the family, counseling, assistance in accessing drug 
and alcohol abuse prevention programs, tutoring, and family 
counseling; 
"(4) provide support programs that encourage children and 
youth who have dropped out of school to reenter school once 
their term at the correctional facility has been completed, or 
provide such children and youth with the skills necessary to 
gain emplo5Tiient or seek a secondary school diploma or its 
recognized equivalent; 
"(5) work to ensure that the correctional facility is staffed 
with teachers and other qualified staff who are trained to 
work with children and youth with disabilities taking into 
consideration the unique needs of such children and youth; 
"(6) ensure that educational programs in the correctional 
facility are related to assisting students to meet high academic 
achievement standards; 
"(7) to the extent possiblp, use technology to assist in 
coordinating educational programs between the correctional 
facility and the community school; 
"(8) where feasible, involve parents in efforts to improve 
the educational achievement of their children and prevent the 
further involvement of such children in delinquent activities; 
"(9) coordinate funds received under this subpart with other 
local. State, and Federal fiinds available to provide services 
to participating children and youth, such as funds made avail-
able under title I of Public Law 105-220, and vocational and 
technical education funds; 
"(10) coordinate programs operated under this subpart with 
activities funded under the Juvenile Justice and Delinquency 
Prevention Act of 1974 and other comparable programs, if 
applicable; and 
"(11) if appropriate, work with local businesses to develop 
training, curriculum-based youth entrepreneurship education, 
and mentoring programs for children and youth. 
20 use 6456. 
"SEC. 1426. ACCOUNTABILITY. 
"The State educational agency may— 
"(1) reduce or terminate fimding for projects under this 
subpart if a local educational agency does not show progress 
in reducing dropout rates for male students and for female 
students over a 3-year period; and 
"(2) require correctional facilities or institutions 
for 
neglected or delinquent children and youth to demonstrate, 
after receiving assistance under this subpart for 3 years, that 
there has been an increase in the number of children and 
youth returning to school, obtaining a secondary school diploma 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1591 
or its recognized equivalent, or obtaining employment after 
such children and youth are released. 
"Subpart 3—General Provisions 
"SEC. 1431. PROGRAM EVALUATIONS. 
20 USC 6471. 
"(a) SCOPE OF EVALUATION.—Each State agency or local edu-
cational agency that conducts a program under subpart 1 or 2 
shall evaluate the program, disaggregating data on participation 
by gender, race, ethnicity, and age, not less than once every 3 
years, to determine the program's impact on the ability of 
participants— 
"(1) to maintain and improve educational achievement; 
"(2) to accrue school credits that meet State requirements 
for grade promotion and secondary school graduation; 
"(3) to make the transition to a regular program or other 
education program operated by a local educational agency; 
"(4) to complete secondary school (or secondary school 
equivalency requirements) and obtain employment after leaving 
the correctional facility or institution for neglected or delinquent 
children and youth; and 
"(5) as appropriate, to participate in postsecondary edu-
cation and job training programs. 
"(b) EXCEPTION.—The disaggregation required under subsection 
(a) shall not be required in a case in which the number of students 
in a category is insufficient to yield statistically reliable information 
or the results would reveal personally identifiable information about 
an individual student. 
"(c) EVALUATION MEASURES.—In conducting each evaluation 
under subsection (a), a State agency or local educational agency 
shall use multiple and appropriate measures of student progress. 
"(d) EVALUATION RESULTS.—Each State agency and local edu-
cational agency shall— 
"(1) submit evaluation results to the State educational 
agency and the Secretary; and 
"(2) use the results of evaluations under this section to 
plan and improve subsequent programs for participating chil-
dren and youth. 
"SEC. 1432. DEFINITIONS. 
20 USC 6472. 
"In this part: 
"(1) ADULT CORRECTIONAL INSTITUTION.—The term 'adult 
correctional institution' means a facility in which persons 
(including persons under 21 years of age) are confined as a 
result of a conviction for a criminal offense. 
"(2) AT-RISK.—The term 'at-risk', when used with respect 
to a child, youth, or student, means a school aged individual 
who is at-risk of academic failure, has a drug or alcohol 
problem, is pregnant or is a parent, has come into contact 
with the juvenile justice system in the past, is at least 1 
year behind the expected grade level for the age of the indi-
vidual, has limited English proficiency, is a gang member, 
has dropped out of school in the past, or has a high absenteeism 
rate at school. 
"(3) COMMUNITY DAY PROGRAM.—The term 'community day 
program' means a regular program of instruction provided by 
115 STAT. 1592 
PUBLIC LAW lOV-llQ-^AN. 8, 2002 
a State agency at a community day school operated specifically 
for neglected or delinquent children and youth. 
"(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN 
AND YOUTH.—The term 'institution for neglected or delinquent 
children and youth' means— 
"(A) a public or private residential facility, other than 
a foster home, that is operated for the care of children 
who have been committed to the institution or voluntarily 
placed in the institution under applicable State law, due 
to abandonment, neglect, or death of their parents or guard-
ians; or 
"(B) a public or private residential facility for the care 
of children who have been adjudicated to be delinquent 
or in need of supervision. 
"PART E—NATIONAL ASSESSMENT OF TITLE I 
20 use 6491. 
"SEC. 1501. EVALUATIONS. 
"(a) NATIONAL ASSESSMENT OF TITLE I.— 
"(1) IN GENERAL.—The Secretary shall conduct a national 
assessment of the programs assisted under this title and the 
impact of this title on States, local educational agencies, schools, 
and students. 
"(2) ISSUES TO BE EXAMINED.—In conducting the assessment 
under this subsection, the Secretary shall examine, at a min-
imum, the following: 
"(A) The implementation of programs assisted under 
this title and the impact of such implementation on 
increasing student academic achievement (particularly in 
schools with high concentrations of children living in pov-
erty), relative to the goal of all students reaching the 
proficient level of achievement based on State academic 
assessments, challenging State academic content stand-
ards, and challenging State student academic achievement 
standards under section 1111. 
"(B) The types of programs and services that have 
demonstrated the greatest likelihood of helping students 
reach the proficient and advanced levels of achievement 
based on State student academic achievement standards 
and State academic content standards. 
"(C) The implementation of State academic standards, 
assessments, and accountability systems developed under 
this title, including— 
"(i) the time and cost required for the development 
of academic assessments for students in grades 3 
through 8; 
"(ii) how well such State assessments meet the 
requirements for assessments described in this title; 
and 
"(iii) the impact of such standards, assessments, 
and accountability systems on educational programs 
and instruction at the local level. 
"(D) Each 
State's 
definition 
of adequate 
yearly 
progress, including— 
"(i) the impact of applying this definition to schools, 
local educational agencies, and the State; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1593 
"(ii) the number of schools and local educational 
agencies not meeting this definition; and 
"(iii) the changes in the identification of schools 
in need of improvement as a result of such definition. 
"(E) How schools, local educational agencies, and States 
have— 
"(i) publicized and disseminated the local edu-
cational agency report cards required under section 
1111(h)(2) to teachers, school staff, students, parents, 
and the community; 
"(ii) used funds made available under this title 
to provide preschool and family literacy services and 
the impact of these services on students' school readi-
ness; 
"(iii) implemented the provisions of section 1118 
and afforded parents meaningful opportunities to be 
involved in the education of their children; 
"(iv) used Federal, State, and local educational 
agency funds and resources to support schools and 
provide technical assistance to improve the achieve-
ment of students in low-performing schools, including 
the impact of the technical assistance on such achieve-
ment; and 
"(v) used State educational agency and local edu- Deadline, 
cational agency funds and resources to help schools 
in which 50 percent or more of the students are from 
families with incomes below the poverty line meet the 
requirement described in section 1119 of having all 
teachers highly qualified not later than the end of 
the 2005-2006 school year. 
"(F) The implementation of schoolwide programs and 
targeted assistance programs under this title and the 
impact of such programs on improving student academic 
achievement, including the extent to which schools meet 
the requirements of such programs. 
"(G) The extent to which varying models of comprehen-
sive school reform are funded and implemented under this 
title, and the effect of the implementation of such models 
on improving achievement of disadvantaged students. 
"(H) The costs as compared to the benefits of the activi-
ties assisted under this title. 
"(I) The extent to which actions authorized under sec-
tion 1116 are implemented by State educational agencies 
and local educational agencies to improve the academic 
achievement of students in low-performing schools, and 
the effectiveness of the implementation of such actions, 
including the following: 
"(i) The number of schools identified for school 
improvement and how many years the schools remain 
in this status. 
"(ii) The types of support provided by the State 
educational agencies and local educational agencies to 
schools and local educational agencies respectively 
identified as in need of improvement, and the impact 
of such support on student achievement. 
"(iii) The number of parents who take advantage 
of the public school choice provisions of this title, the 
89-194 0 -03- 20 QL 3 Part 2 
115 STAT. 1594 
PUBLIC LAW 107-110-^AN. 8, 2002 
costs (including transportation costs) associated with 
implementing these provisions, the implementation of 
these provisions, and the impact of these provisions 
(including the impact of attending another school) on 
student achievement. 
"(iv) The number of parents who choose to take 
advantage of the supplemental educational services 
option, the criteria used by the States to determine 
the quality of providers, the kinds of services that 
are available and utilized, the costs associated with 
implementing this option, and the impact of receiving 
supplemental educational services on student achieve-
ment. 
"(v) The implementation and impact of actions that 
are taken with regard to schools and local educational 
agencies identified for corrective action and restruc-
turing. 
"(J) The extent to which State and local fiscal 
accounting requirements under this title affect the flexi-
bility of schoolwide programs. 
"(K) The implementation and impact of the professional 
development activities assisted under this title and title 
II on instruction, student academic achievement, and 
teacher qualifications. 
"(L) The extent to which the assistance made available 
under this title, including funds under section 1002, is 
targeted to disadvantaged students, schools, and local edu-
cational agencies with the greatest need. 
"(M) The effectiveness of Federal administration assist-
ance made available under this title, including monitoring 
and technical assistance. 
"(N) The academic achievement of the groups of stu-
dents described in section llll(b)(2)(C)(v)(II). 
"(O) Such other issues as the Secretary considers 
appropriate. 
"(3) SOURCES OF INFORMATION.—In conducting the assess-
ment under this subsection, the Secretary shall use information 
from a variety of sources, including the National Assessment 
of Educational Progress (carried out under section 411 of the 
National Education Statistics Act of 1994), State evaluations, 
and other research studies. 
"(4) COORDINATION.—In carrying out this subsection, the 
Secretary shall— 
"(A) coordinate the national assessment under this sub-
section with the longitudinal study described in subsection 
(c); and 
"(B) ensure 
that 
the 
independent 
review 
panel 
described in subsection (d) participates in conducting the 
national assessment under this subsection, including plan-
ning for and reviewing the assessment. 
"(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In con-
ducting the national assessment under this subsection, the 
Secretary shall use developmentally appropriate measures to 
assess student academic achievement. 
"(6) REPORTS.— 
Deadline. 
"(A) INTERIM REPORT.—^Not later than 3 years after 
the date of enactment of the No Child Left Behind Act 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1595 
of 2001, the Secretary shall transmit to the President, 
the Committee on Education and the Workforce of the 
House of Representatives, and the Committee on Health, 
Education, Labor, and Pensions of the Senate an interim 
report on the national assessment conducted under this 
subsection. 
"(B) FINAL REPORT.—Not later than 5 years after the Deadline. 
date of enactment of the No Child Left Behind Act of 
2001, the Secretary shall transmit to the President, the 
Committee on Education and the Workforce of the House 
of Representatives, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a final report 
on the national assessment conducted under this sub-
section. 
"(b) STUDIES AND DATA COLLECTION.— 
"(1) IN GENERAL.—In addition to other activities described 
in this section, the Secretary may, directly or through awarding 
grants to or entering into contracts with appropriate entities— 
"(A) assess the implementation and effectiveness of 
programs under this title; 
"(B) collect the data necessary to comply with the 
Government Performance and Results Act of 1993; and 
"(C) provide guidance and technical assistance to State 
educational agencies and local educational agencies in 
developing and maintaining management information sys-
tems through which such agencies may develop program 
performance indicators to improve services and perform-
ance. 
"(2) MINIMUM INFORMATION.—In carrying out this sub-
section, the Secretary shall collect, at a minimum, trend 
information on the effect of each program authorized under 
this title, which shall complement the data collected and 
reported under subsections (a) and (c). 
"(c) NATIONAL LONGITUDINAL STUDY.— 
"(1) IN GENERAL.—The Secretary shall conduct a longitu-
dinal study of schools receiving assistance under part A. 
"(2) ISSUES TO BE EXAMINED.—In carrying out this sub-
section, the Secretary shall ensure that the study referred 
to in paragraph (1) provides Congress and educators with each 
of the following: 
"(A) An accurate description and analysis of the short-
and long-term effect of the assistance made available under 
this title on academic achievement. 
"(B) Information that can be used to improve the 
effectiveness of the assistance made available under this 
title in enabling students to meet challenging academic 
achievement standards. 
"(C) An analysis of educational practices or model pro-
grams that are effective in improving the achievement 
of disadvantaged children. 
"(D) An analysis of the costs as compared to the bene-
fits of the assistance made available under this title in 
improving the achievement of disadvantaged children. 
"(E) An analysis of the effects of the availability of 
school choice options under section 1116 on the academic 
achievement of disadvantaged students, on schools in school 
115 STAT. 1596 
PUBLIC LAW 107-110-^AN. 8, 2002 
improvement, and on schools from which students have 
transferred under such options. 
"(F) Such other information as the Secretary considers 
appropriate. 
"(3) SCOPE.—In conducting the study referred to in para-
graph (1), the Secretary shall ensure that the study— 
"(A) bases its analysis on a nationally representative 
sample of schools participating in programs under this 
title; 
"(B) to the extent practicable, includes in its analysis 
students who transfer to different schools during the course 
of the study; and 
"(C) analyzes varying models or strategies for deliv-
ering school services, including— 
"(i) school 
wide and targeted services; and 
"(ii) comprehensive school reform models. 
Establishment. 
"(d) INDEPENDENT REVIEW PANEL.— 
"(1) IN GENERAL.—The Secretary shall establish an inde-
pendent review panel (in this subsection referred to as the 
'Review Panel') to advise the Secretary on methodological and 
other issues that arise in carrying out subsections (a) and 
(0. 
"(2) APPOINTMENT OF MEMBERS.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
Secretary shall appoint members of the Review Panel from 
among qualified individuals who are— 
"(i) specialists in statistics, evaluation, research, 
and assessment; 
"(ii) education practitioners, including teachers, 
principals, and local and State superintendents; 
"(iii) parents and members of local school boards 
or other organizations involved with the implementa-
tion and operation of programs under this title; and 
"(iv) other individuals with technical expertise who 
will contribute to the overall rigor and quality of the 
program evaluation. 
"(B) LIMITATIONS.—In appointing members of the 
Review Panel, the Secretary shall ensure that— 
"(i) in order to ensure diversity, the Review Panel 
includes individuals appointed under subparagraph 
(A)(i) who represent disciplines or programs outside 
the field of education; and 
"(ii) the total number of the individuals appointed 
under subparagraph (A)(ii) or (A)(iv) does not exceed 
one-fourth of the total number of the individuals 
appointed under this paragraph. 
"(3) FUNCTIONS.—The Review Panel shall consult with and 
advise the Secretary— 
"(A) to ensure that the assessment conducted under 
subsection (a) and the study conducted under subsection 
(c)— 
"(i) adhere to the highest possible standards of 
quality with respect to research design, statistical anal-
ysis, and the dissemination of findings; and 
"(ii) use valid and reliable measures to document 
program implementation and impacts; and 
"(B) to ensure— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1597 
"(i) that the final report described in subsection 
(a)(6)(B) is reviewed not later than 120 days after 
its completion by not less than two independent experts 
in program evaluation (who may be from among the 
members of the Review Panel appointed under para-
graph (2)); 
"(ii) that such experts evaluate and comment on 
the degree to which the report complies with subsection 
(a); and 
• 
"(iii) that the comments of such experts are trans-
mitted with the report under subsection (a)(6)(B). 
"SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 
20 USC 6492. 
"(a) IN GENERAL.—From the funds appropriated for any fiscal 
year under section 1002(e)(1), the Secretary may award grants 
to State educational agencies, local educational agencies, other 
public agencies, nonprofit organizations, public or private partner-
ships involving business and industry organizations, and consortia 
of such entities to carry out demonstration projects that show 
the most promise of enabling children served under this title to 
meet challenging State academic content standards and challenging 
State student academic achievement standards. 
"(b) EVALUATION.—The Secretary shall evaluate the demonstra-
tion projects supported under this title, using rigorous methodo-
logical designs and techniques, including control groups and random 
assignment, to the extent feasible, to produce reliable evidence 
of effectiveness. 
"(c) PARTNERSHIPS.—^From funds appropriated under section 
1002(e)(1) for any fiscal year, the Secretary may, directly or through 
grants or contracts, work in partnership with State educational 
agencies, local educational agencies, other public agencies, and non-
profit organizations to disseminate and use the highest quality 
research and knowledge about effective practices to improve the 
quality of teaching and learning in schools assisted under this 
title. 
"SEC. 1503. ASSESSMENT EVALUATION. 
20 USC 6493. 
"(a) IN GENERAL.—The Secretary shall conduct an independent 
study of assessments used for State accountability purposes and 
for making decisions about the promotion and graduation of stu-
dents. Such research shall be conducted over a period not to exceed 
5 years and shall address the components described in subsection 
(d). 
"(b) CONTRACT AUTHORIZED.—^The Secretary is authorized to 
award a contract, through a peer review process, to an organization 
or entity capable of conducting rigorous, independent research. The 
Assistant Secretary of Educational Research and Improvement shall 
appoint peer reviewers to evaluate the applications for this contract. 
"(c) STUDY.—The study shall— 
"(1) synthesize and analyze existing research that meets 
standards of quality and scientific rigor; and 
"(2) evaluate academic assessment and accountability sys-
tems in State educational agencies, local educational agencies, 
and schools; and 
"(3) make recommendations to the Department and to the 
Committee on Education and the Workforce of the United 
States House of Representatives and the Committee on Health, 
115 STAT. 1598 
PUBLIC LAW 107-llO^JAN. 8, 2002 
Education, Labor, and Pensions of the United States Senate, 
based on the findings of the study. 
"(d) COMPONENTS OF THE RESEARCH PROGRAM.—The study 
described in subsection (a) shall examine— 
"(1) the effect of the assessment and accountability systems 
described in section (c) on students, teachers, parents, families, 
schools, school districts, and States, including correlations 
between such systems and— 
"(A) student academic achievement, progress to the 
State-defined level of proficiency, and progress toward 
closing achievement gaps, based on independent measures; 
"(B) changes in course offerings, teaching practices, 
course content, and instructional material; 
"(C) changes in turnover rates among teachers, prin-
cipals, and pupil-services personnel; 
"(D) changes in dropout, grade-retention, and gradua-
tion rates for students; and 
"(E) such other effects as may be appropriate; 
"(2) the effect of the academic assessments on students 
with disabilities; 
"(3) the effect of the academic assessments on low, middle, 
and high socioeconomic status students, limited and nonlimited 
English proficient students, racial and ethnic minority students, 
and nonracial or nonethnic minority students; 
"(4) guidelines for assessing the validity, reliability, and 
consistency of those systems using nationally recognized profes-
sional and technical standards; 
"(5) the relationship between accountability systems and 
the inclusion or exclusion of students from the assessment 
system; and 
"(6) such other factors as the Secretary finds appropriate. 
Deadline. 
"(e) REPORTING.—Not later than 3 years after the contract 
P^^lic 
described in subsection (b) is awarded, the organization or entity 
information. 
conducting the study shall submit an interim report to the Com-
mittee on Education and the Workforce of the United States House 
of Representatives and the Committee on Health, Education, Labor 
and Pensions of the United States Senate, and to the President 
and the States, and shall make the report widely available to 
the public. The organization or entity shall submit a final report 
to the same recipients as soon as possible after the completion 
of the study. Additional reports may be periodically prepared and 
released as necessary. 
"(f) RESERVATION OF FUNDS.—The Secretary may reserve up 
to 15 percent of the funds authorized to be appropriated for this 
part to carry out the study, except such reservation of funds shall 
not exceed $1,500,000. 
20 use 6494. 
"SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM. 
"(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL 
STUDENTS.— 
"(1) ESTABLISHMENT.— 
"(A) GENERAL AUTHORITY.—In accordance with this 
subsection, the Secretary may make grants to the Close 
Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting 
the Close Up Foundation in carrying out its programs 
of increasing civic responsibility and understanding of the 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1599 
Federal Government among middle school £ind secondary 
school students. 
"(B) USE OF FUNDS.—Grants under this subsection 
shall be used only to provide financial assistance to 
economically disadvantaged students who participate in 
the programs described in subparagraph (A). 
"(C) NAME OF FELLOWSHIPS.—Financial 
assistance 
received by students pursuant to this subsection shall be 
known as Close Up fellowships. 
"(2) APPLICATIONS.— 
"(A) APPLICATION REQUIRED.—'No grant under this sub-
section may be made except upon an application at such 
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require. 
"(B) CONTENTS OF APPLICATION.—Each application sub-
mitted under this paragraph shall contain assurances 
that— 
"(i) Close Up fellowships provided under this sub-
section shall be made to economically disadvantaged 
middle school and secondary school students; 
"(ii) every effort shall be made to ensure the 
participation of students from rural, small town, and 
urban areas; 
"(iii) in awarding the fellowships to economically 
disadvantaged students, special consideration shall be 
given to the participation of those students with special 
educational needs, including students with disabilities, 
ethnic minority students, and students with migrant 
parents; and 
"(iv) the funds received under this subsection shall 
be properly disbursed. 
"(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL 
TEACHERS.— 
"(1) ESTABLISHMENT.— 
"(A) GENERAL AUTHORITY.—In accordance with this 
subsection, the Secretary may make grants to the Close 
Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting 
the Close Up Foundation in carrying out its programs 
of professional development for middle school and sec-
ondary school teachers and its programs to increase civic 
responsibility and understanding of the Federal Govern-
ment among the teachers' students. 
"(B) USE OF FUNDS.—Grants under this subsection 
shall be used only to provide financial assistance to 
teachers who participate in the programs described in 
subparagraph (A). 
"(C) NAME OF FELLOWSHIPS.—Financial 
assistance 
received by teachers pursuant to this subsection shall be 
known as Close Up fellowships. 
"(2) APPLICATIONS.— 
"(A) APPLICATION REQUIRED.—No grant under this sub-
section may be made except upon an application at such 
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require. 
115 STAT. 1600 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(B) CONTENTS OF APPLICATION.—Each application sub-
mitted under this paragraph shall contain assurances 
t h a t -
'll) Close Up fellowships provided under this sub-
section shall be made only to a teacher who has worked 
with at least one student from such teacher's school 
who participates in a program described in subsection 
(a)(1)(A); 
"(ii) no teacher shall receive more than one such 
fellowship in any fiscal year; and 
"(iii) the funds received under this subsection shall 
be properly disbursed. 
"(c) PROGRAMS FOR NEW AMERICANS.— 
"(1) ESTABLISHMENT.— 
"(A) GENERAL AUTHORITY.—In accordance with this 
subsection, the Secretary may make grants to the Close 
Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting 
the Close Up Foundation in carrying out its programs 
of increasing civic responsibility and understanding of the 
Federal Government among economically disadvantaged 
middle school and secondary school recent immigrant stu-
dents. 
"(B) DEFINITION.—In this subsection, the term 'recent 
immigrant student' means a student who is a member 
of a family that immigrated to the United States within 
5 years of the student's participation in such a program. 
"(C) USE OF FUNDS.—Grants under this subsection 
shall be used only to provide financial assistance to 
economically disadvantaged recent immigrant students and 
their teachers who participate in the programs described 
in subparagraph (A). 
"(D) 
NAME 
OF FELLOWSHIPS.—Financial assistance 
received by students and teachers pursuant to this sub-
section shall be known as Close Up Fellowships for New 
Americans. 
"(2) APPLICATIONS.— 
"(A) APPLICATION REQUIRED.—No grant under this sub-
section may be made except upon an application at such 
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require. 
"(B) CONTENTS OF APPLICATION.—Each application sub-
mitted under this paragraph shall contain assurances 
that— 
"(i) Close Up Fellowships for New Americans shall 
be made to economically disadvantaged middle school 
and secondary school recent immigrant students; 
"(ii) every effort shall be made to ensure the 
participation of recent immigrant students from rural, 
small town, and urban areas; 
"(iii) in awarding the fellowships to economically 
disadvantaged 
recent immigrant students, special 
consideration shall be given to the participation of 
those 
students 
with 
special 
educational 
needs, 
including students with disabilities, students with 
migrant parents, and ethnic minority students; 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1601 
"(iv) fully describe the activities to be carried out 
with the proceeds of the grant made under paragraph 
(1); and 
"(v) the funds received under this subsection shall 
be properly disbursed. 
"(d) GENERAL PROVISIONS.— 
"(1) ADMINISTRATIVE PROVISIONS.— 
"(A) ACCOUNTABILITY.—In consultation with the Sec-
retary, the Close Up Foundation shall devise and imple-
ment procedures to measure the efficacy of the programs 
authorized in subsections (a), (b), and (c) in attaining objec-
tives that include the following: 
"(i) Providing young people with an increased 
understanding of the Federal Government. 
"(ii) Heightening a sense of civic responsibility 
among young people. 
"(iii) Enhancing the skills of educators in teaching 
young people about civic responsibility, the Federal 
Government, and attaining citizenship competencies. 
"(B) GENERAL RULE.—^Payments under this section may 
be made in installments, in advance, or by way of 
reimbursement, with necessary adjustments on account of 
underpa3rments or overpayments. 
"(C) AUDIT RULE.—The Comptroller General of the 
United States or any of the Comptroller General's duly 
authorized representatives shall have access for the pur-
pose of audit and examination to any books, documents, 
papers, and records that are pertinent to any grant under 
this section. 
"(2) 
CONTINUATION OF AWARDS.—Notwithstanding 
any 
other provision of this Act, any person or entity that was 
awarded a grant under part G of title X before the date of 
enactment of the No Child Left Behind Act of 2001 shall con-
tinue to receive funds in accordance with the terms of such 
award until the date on which the award period terminates 
under such terms. 
"PART 
F—COMPREHENSIVE 
SCHOOL 
REFORM 
"SEC. 1601. PURPOSE. 
• 
20USC6511. 
"The purpose of this part is to provide financial incentives 
for schools to develop comprehensive school reforms, based upon 
scientifically based research and effective practices that include 
an emphasis on basic academics and parental involvement so that 
all children can meet challenging State academic content and aca-
demic achievement standards. 
"SEC. 1602. PROGRAM AUTHORIZATION. 
20 USC 6512. 
"(a) PROGRAM AUTHORIZED.— 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants to State educational agencies, from allotments under 
paragraph (2), to enable the State educational agencies to award 
subgrants to local educational agencies to carry out the purpose 
described in section 1601. 
"(2) ALLOTMENTS.— 
"(A) RESERVATIONS.—Of the amount 
appropriated 
under section 1002(f), the Secretary may reserve— 
115 STAT. 1602 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(i) not more than 1 percent for each fiscal year 
to provide assistance to schools supported by the 
Bureau of Indian Affairs and in the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana 
Islands 
according to their respective needs for assistance under 
this part; 
"(ii) not more than 1 percent for each fiscal year 
to conduct national evaluation activities described in 
section 1607; and 
"(iii) not more than 3 percent of the amount appro-
priated in fiscal year 2002 to carry out this part, for 
quality initiatives described in section 1608. 
"(B) IN GENERAL.—Of the amount appropriated under 
section 1002(f) that remains after making the reservation 
under subparagraph (A) for a fiscal year, the Secretary 
shall allot to each State for the fiscal year an amount 
that bears the same ratio to the remainder for that fiscal 
year as the amount made available under section 1124 
to the State for the preceding fiscal year bears to the 
total amount made available under section 1124 to all 
States for that year. 
"(C) REALLOTMENT.—If a State does not apply for funds 
under this section, the Secretary shall reallot such funds 
to other States that do apply in proportion to the amount 
allotted to such other States under subparagraph (B). 
20 use 6513. 
"SEC. 1603. STATE APPLICATIONS. 
"(a) IN GENERAL.—Each State educational agency that desires 
to receive a grant under this part shall submit an application 
to the Secretary at such time, in such manner, and containing 
such information as the Secretary may reasonably require. 
"(b) CONTENTS.—Each such application shall describe— 
"(1) the process and selection criteria by which the State 
educational agency, using expert review, will select local edu-
cational agencies to receive subgrants under this part; 
"(2) how the State educational agency will ensure that 
funds under this part are limited to comprehensive school 
reform programs that— 
"(A) include each of the components described in section 
1606(a); 
"(B) have the capacity to improve the academic achieve-
ment of all students in core academic subjects within 
participating schools; and 
"(C) are supported by technical assistance providers 
that have a successful track record, financial stability, and 
the capacity to deliver high quality materials, professional 
development for school personnel, and on-site support 
during the full implementation period of the reforms; 
"(3) how the State educational agency will disseminate 
materials and information on comprehensive school reforms 
that are based on scientifically based research and effective 
practices; 
"(4) how the State educational agency will evaluate 
annually the implementation of such reforms and measure 
the extent to which the reforms have resulted in increased 
student academic achievement; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1603 
"(5) how the State educational agency will provide technical 
assistance to the local educational agency or consortia of local 
educational agencies, and to participating schools, in evalu-
ating, developing, and implementing comprehensive school 
reform. 
"SEC. 1604. STATE USE OF FUNDS. 
20 USC 6514. 
"(a) IN GENERAL.—Except as provided in subsection (e), a State 
educational agency that receives a grant under this part shall 
use the grant funds to award subgrants, on a competitive basis, 
to local educational agencies or consortia of local educational agen-
cies in the State that receive funds under part A, to support com-
prehensive school reforms in schools that are eligible for funds 
under part A. 
"(b) SuBGRANT REQUIREMENTS.—^A subgrant to a local edu-
cational agency or consortium shall be— 
"(1) of sufficient size and scope to support the initial costs 
of comprehensive school reforms selected or designed by each 
school identified in the application of the local educational 
agency or consortium; 
"(2) in an amount not less than $50,000— 
"(A) for each participating school; or 
"(B) for each participating consortium of small schools 
(which for purposes of this subparagraph means a consor-
tium of small schools serving a total of not more than 
500 students); and 
"(3) renewable for two additional 1-year subgrant periods 
after the initial 1-year subgrant is made if the school is or 
the schools are making substantial progress in the implementa-
tion of reforms. 
"(c) PRIORITY.—^A State educational agency, in awarding sub-
grants under this part, shall give priority to local educational agen-
cies or consortia that— 
"(1) plan to use the funds in schools identified as being 
in need of improvement or corrective action under section 
1116(c); and 
"(2) demonstrate a commitment to assist schools with 
budget allocation, professional development, and other strate-
gies necessary to ensure the comprehensive school reforms are 
properly implemented and are sustained in the future. 
"(d) GRANT CONSIDERATION.—In awarding subgrants under this 
part, the State educational agency shall take into consideration 
the equitable distribution of subgrants to different geographic 
regions within the State, including urban and rural areas, and 
to schools serving elementary and secondary students. 
"(e) ADMINISTRATIVE COSTS.—^A State educational agency that 
receives a grant under this part may reserve not more than 5 
percent of the grant funds for administrative, evaluation, and tech-
nical assistance expenses. 
"(f) SUPPLEMENT.—Funds made available under this part shall 
be used to supplement, and not supplant, any other Federal, State, 
or local funds that would otherwise be available to carry out the 
activities assisted under this part. 
"(g) REPORTING.—Each State educational agency that receives 
a grant under this part shall provide to the Secretary such informa-
tion as the Secretary may require, including the names of local 
educational agencies and schools receiving assistance under this 
115 STAT. 1604 
PUBLIC LAW 107-llO^JAN. 8, 2002 
part, the amount of the assistance, a description of the comprehen-
sive school reforms selected and used, and a copy of the State's 
annual evaluation of the implementation of comprehensive school 
reforms supported under this part and the student achievement 
results. 
20 use 6515. 
"SEC. 1605. LOCAL APPLICATIONS. 
"(a) IN GENERAL.—Each local educational agency or consortium 
of local educational agencies desiring a subgrant under this part 
shall submit an application to the State educational agency at 
such time, in such manner, and containing such information as 
the State educational agency may reasonably require. 
"(b) CONTENTS.—Each such application shall— 
"(1) identify the schools that are eligible for assistance 
under part A and plan to implement a comprehensive school 
reform program, including the projected costs of such a pro-
gram; 
"(2) describe the comprehensive school reforms based on 
scientifically based research and effective practices that such 
schools will implement; 
"(3) describe how the local educational agency or consortium 
will provide technical assistance and support for the effective 
implementation of the comprehensive school reforms based on 
scientifically based research and effective practices selected 
by such schools; and 
"(4) describe how the local educational agency or consortium 
will evaluate the implementation of such comprehensive school 
reforms and measure the results achieved in improving student 
academic achievement. 
20 use 6516. 
«SEC. 1606. LOCAL USE OF FUNDS. 
"(a) USES OF FUNDS.—^A local educational agency or consortium 
that receives a subgrant under this part shall provide the subgrant 
funds to schools that are eligible for assistance under part A and 
served by the agency, to enable the schools to implement a com-
prehensive school reform program that— 
"(1) employs proven strategies and proven methods for 
student learning, teaching, and school management that are 
based on scientifically based research and effective practices 
and have been replicated successfully in schools; 
"(2) integrates a comprehensive design for effective school 
functioning, 
including 
instruction, 
assessment, 
classroom 
management, professional development, parental involvement, 
and school management, that aligns the school's curriculum, 
technology, and professional development into a comprehensive 
school reform plan for schoolwide change designed to enable 
all students to meet challenging State content and student 
academic achievement standards and addresses needs identified 
through a school needs assessment; 
"(3) provides high quality and continuous teacher and staff" 
professional development; 
"(4) includes measurable goals for student 
academic 
achievement and benchmarks for meeting such goals; 
"(5) is supported by teachers, principals, administrators, 
school personnel staff, and other professional staff; 
"(6) provides support for teachers, principals, administra-
tors, and other school staff; 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1605 
"(7) provides for the meaningful involvement of parents 
and the local community in planning, implementing, and evalu-
ating school improvement activities consistent with section 
1118; 
"(8) uses high quality external technical support and assist-
ance from an entity that has experience and expertise in 
schoolwide reform and improvement, which may include an 
institution of higher education; 
"(9) includes a plan for the annual evaluation of the 
implementation of school reforms and the student results 
achieved; 
"(10) identifies other resources, including Federal, State, 
local, and private resources, that shall be used to coordinate 
services that will support and sustain the comprehensive school 
reform effort; and 
"(11)(A) has been found, through scientifically 
based 
research to significantly improve the academic achievement 
of students participating in such program as compared to stu-
dents in schools who have not participated in such program; 
or 
"(B) has been found to have strong evidence that such 
program will significantly improve the academic achievement 
of participating children. 
"(b) SPECIAL RULE.—^A school that receives funds to develop 
a comprehensive school reform program shall not be limited to 
using nationally available approaches, but may develop the school's 
own comprehensive school reform program for schoolwide change 
as described in subsection (a). 
«SEC. 1607. EVALUATION AND REPORTS. 
20 USC 6517. 
"(a) IN GENERAL.—The Secretary shall develop a plan for a 
national evaluation of the programs assisted under this part. 
"(b) EVALUATION.—^The national evaluation shall— 
"(1) evaluate the implementation and results achieved by 
schools after 3 years of implementing comprehensive school 
reforms; and 
"(2) assess the effectiveness 
of comprehensive school 
reforms in schools with diverse characteristics. 
"(c) REPORTS.—The Secretary shall submit a report describing 
the results of the evaluation under subsection (b) for the Com-
prehensive School Reform Program to the Committee on Education 
and the Workforce, and the Committee on Appropriations of the 
House of Representatives, and the Committee on Health, Education, 
Labor, and Pensions, and the Committee on Appropriations of the 
Senate. 
"SEC. 1608. QUALITY INITIATIVES. 
20 USC 6518. 
"The Secretary, through grants or contracts, shall provide funds 
for— 
"(1) a public-private effort, in which funds are matched 
by private organizations, to assist States, local educational 
agencies, and schools, in making informed decisions regarding 
approving or selecting providers of comprehensive school 
reform, consistent with the requirements described in section 
1606(a); and 
"(2) activities to foster the development of comprehensive 
school reform models and to provide effective capacity building 
115 STAT. 1606 
PUBLIC LAW 107-1 IONIAN. 8, 2002 
for comprehensive school reform providers to expand their work 
in more schools, assure quality, and promote financial stability. 
A
c
c
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s
s to H
i
g
h 
"PART G—ADVANCED PLACEMENT PROGRAMS 
Standards Act. 
20 use 6531. 
"SEC. 1701. SHORT TITLE. 
"This part may be cited as the 'Access to High Standards 
Act'. 
20 use 6532. 
"SEC. 1702. PURPOSES. 
The purposes of this part are— 
"(1) to support State and local efforts to raise academic 
standards through advanced placement programs, and thus 
further increase the number of students who participate and 
succeed in advanced placement programs; 
"(2) to encourage more of the 600,000 students who take 
advanced placement courses each year but do not take advanced 
placement exams each year, to demonstrate their achievements 
through taking the exams; 
"(3) to build on the many benefits of advanced placement 
programs for students, which benefits may include the acquisi-
tion of skills that are important to many employers. Scholastic 
Aptitude Test (SAT) scores that are 100 points above the 
national averages, and the achievement of better grades in 
secondary school and in college than the grades of students 
who have not participated in the programs; 
"(4) to increase the availability and broaden the range 
of schools, including middle schools, that have advanced place-
ment and pre-advanced placement programs; 
"(5) to demonstrate that larger and more diverse groups 
of students can participate and succeed in advanced placement 
programs; 
"(6) to provide greater access to advanced placement and 
pre-advanced placement courses and highly trained teachers 
for low-income and other disadvantaged students; 
"(7) to provide access to advanced placement courses for 
secondary school students at schools that do not offer advanced 
placement programs, increase the rate at which secondary 
school students participate in advanced placement courses, and 
increase the numbers of students who receive advanced place-
ment test scores for which college academic credit is awarded; 
"(8) to increase the participation of low-income individuals 
in taking advanced placement tests through the payment or 
partial payment of the costs of the advanced placement test 
fees; and 
"(9) to increase the number of individuals that achieve 
a baccalaureate or advanced degree, and to decrease the amount 
of time such individuals require to attain such degrees. 
20 use 6533. 
"SEC. 1703. FUNDING DISTRIBUTION RULE. 
"From amounts appropriated under section 1002(g) for a fiscal 
year, the Secretary shall give priority to funding activities under 
section 1704 and shall distribute any remaining funds under section 
1705. 
20 use 6534. 
"SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM. 
"(a) GRANTS AUTHORIZED.—From amounts made available 
under section 1703 for a fiscal year, the Secretary shall award 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1607 
grants to State educational agencies having applications approved 
under this section to enable the State educational agencies to 
reimburse low-income individuals to cover part or all of the costs 
of advanced placement test fees, if the low-income individuals— 
"(1) are enrolled in an advanced placement course; and 
"(2) plan to take an advanced placement test. 
"(b) AWARD BASIS.—In determining the amount of the grant 
awarded to a State educational agency under this section for a 
fiscal year, the Secretary shall consider the number of children 
eligible to be counted under section 1124(c) in the State in relation 
to the number of such children so counted in all the States. 
"(c) INFORMATION DISSEMINATION.—^A State educational agency 
awarded a grant under this section shall disseminate information 
regarding the availability of advanced placement test fee payments 
under this section to eligible individuals through secondary school 
teachers and guidance counselors. 
"(d) APPLICATIONS.—Each State educational agency desiring to 
receive a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may require. At a minimum, 
each State educational agency application shall— 
"(1) describe the advanced placement test fees the State 
educational agency will pay on behalf of low-income individuals 
in the State from grant funds awarded under this section; 
"(2) provide an assurance that any grant funds awarded 
under this section shall be used only to pay for advanced 
placement test fees; and 
"(3) contain such information as the Secretary may require 
to demonstrate that the State educational agency will ensure 
that a student is eligible for payments authorized under this 
section, including documentation required under chapter 1 of 
subpart 2 of part A of title IV of the Higher Education Act 
of 1965. 
"(e) REGULATIONS.—The Secretary shall prescribe such regula-
tions as are necessary to carry out this section. 
"(f) REPORT.— 
"(1) IN GENERAL.—Each State educational agency awarded 
a grant under this section shall, with respect to each advanced 
placement subject, annually report to the Secretary on— 
"(A) the number of students in the State who are 
taking an advanced placement course in that subject; 
"(B) the number of advanced placement tests taken 
by students in the State who have taken an advanced 
placement course in that subject; 
"(C) the number of students in the State scoring at 
different levels on advanced placement tests in that subject; 
and 
"(D) demographic information regarding individuals in 
the State taking advanced placement courses and tests 
in that subject disaggregated by race, ethnicity, sex, 
English proficiency status, and socioeconomic status. 
"(2) REPORT TO CONGRESS.—The Secretary shall annually Records. 
compile the information received from each State educational 
agency under paragraph (1) and report to the appropriate 
committees of Congress regarding the information. 
"(g) BIA AS SEA.—For purposes of this section the Bureau 
of Indian Affairs shall be treated as a State educational agency. 
115 STAT. 1608 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 6535. 
"SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS. 
"(a) GRANTS AUTHORIZED.— 
"(1) IN GENERAL.—From amounts made available under 
section 1703 for a fiscal year, the Secretary shall award grants, 
on a competitive basis, to eligible entities to enable those enti-
ties to carry out the authorized activities described in subsection 
(d). 
"(2) DURATION AND PAYMENTS.— 
"(A) DURATION.—The Secretary shall award a grant 
under this section for a period of not more than 3 years. 
"(B) PAYMENTS.—The Secretary shall make grant pay-
ments under this section on an annual basis. 
"(3) DEFINITION OF ELIGIBLE ENTITY.—In this section, the 
term 'eligible entity' means a State educational agency, local 
educational agency, or national nonprofit educational entity 
with expertise in advanced placement services. 
"(b) APPLICATION.—Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as 
the Secretary may require. 
"(c) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to an eligible entity that submits an 
application under subsection (b) that— 
"(1) demonstrates a pervasive need for access to advanced 
placement incentive programs; 
"(2) provides for the involvement of business and commu-
nity organizations in the activities to be assisted; 
"(3) assures the availability of matching funds from State, 
local, or other sources to pay for the cost of activities to be 
assisted; 
"(4) demonstrates a focus on developing or expanding 
advanced placement programs and participation in the core 
academic areas of English, mathematics, and science; 
"(5) demonstrates an intent to carry out activities that 
target— 
"(A) local educational agencies serving schools with 
a high concentration of low-income students; or 
"(B) schools with a high concentration of low-income 
students; and 
"(6) in the case of a local educational agency," assures 
that the local educational agency serves schools with a high 
concentration of low-income students; or 
"(7) demonstrates an intent to carry out activities to 
increase the availability of, and participation in, on-line 
advanced placement courses. 
"(d) AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—Subject to paragraph (2), an eligible 
entity shall use grant funds made available under this section 
to expand access for low-income individuals to advanced place-
ment incentive programs that involve— 
"(A) teacher training; 
"(B) pre-advanced placement course development; 
"(C) coordination and articulation between grade levels 
to prepare students for academic achievement in advanced 
placement courses; 
"(D) books and supplies; or 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
115 STAT. 1609 
"(E) activities to increase the availability of, and 
participation in, on-line advanced placement courses; or 
"(F) any other activity directly related to expanding 
access to and participation in advanced placement incentive 
programs, particularly for low-income individuals. 
"(2) STATE EDUCATIONAL AGENCY.—In the case of an eligible 
entity that is a State educational agency, the entity may use 
grant funds made available under this section to award sub-
grants to local educational agencies to enable the local edu-
cational agencies to carry out the activities under paragraph 
(1). 
"(e) CONTRACTS.—^An eligible entity awarded a grant to provide 
online advanced placement courses under this part may enter into 
a contract with a nonprofit or for profit organization to provide 
the online advanced placement courses, including contracting for 
necessary support services. 
"(f) DATA COLLECTION AND REPORTING.— 
"(1) DATA COLLECTION.—Each eligible entity awarded a 
grant under this section shall, with respect to each advanced 
placement subject, annually report to the Secretary on— 
"(A) the number of students served by the eligible 
entity who are taking an advanced placement course in 
that subject; 
"(B) the number of advanced placement tests taken 
by students served by the eligible entity in that subject; 
"(C) the number of students served by the eligible 
entity scoring at different levels on advanced placement 
tests in that subject; and 
"(D) demographic information regarding individuals 
served by such agency who taking advanced placement 
courses and tests in that subject disaggregated by race, 
ethnicity, sex, English proficiency status, and socioeconomic 
status. 
"(2) REPORT.—The Secretary shall annually compile the Records. 
information received from each eligible entity under paragraph 
(1) and report to the appropriate committees of Congress 
regarding the information. 
"SEC. 1706. SUPPLEMENT, NOT SUPPLANT. 
20 USC 6536. 
Grant funds provided under this part shall supplement, and 
not supplant, other non-Federal funds that are available to assist 
low-income individuals to pay for the cost of advanced placement 
test fees or to expand access to advanced placement and pre-
advanced placement courses. 
"SEC. 1707. DEFINITIONS. 
20 USC 6537. 
"In this part: 
"(1) ADVANCED PLACEMENT TEST.—The term 'advanced 
placement test' means an advanced placement test adminis-
tered by the College Board or approved by the Secretary. 
"(2) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The 
term 'high concentration of low-income students', used with 
respect to a school, means a school that serves a student 
population 40 percent or more of whom are low-income individ-
uals. 
"(3) LOW-INCOME INDIVIDUAL.—The term 'low-income indi-
vidual' means an individual who is determined by a State 
educational agency or local educational agency to be a child, 
115 STAT. 1610 
PUBLIC LAW 107-110-^AN. 8, 2002 
ages 5 through 17, from a low-income family, on the basis 
of data used by the Secretary to determine allocations under 
section 1124 of this Act, data on children eligible for free 
or reduced-price lunches under the National School Lunch Act, 
data on children in families receiving assistance under part 
A of title IV of the Social Security Act, or data on children 
eligible to receive medical assistance under the medicaid pro-
gram under title XIX of the Social Security Act, or through 
an alternate method that combines or extrapolates ifrom those 
data. 
Dropout 
"PART H—SCHOOL DROPOUT PREVENTION 
Prevention Act. 
20 use 6551. 
"SEC. 1801. SHORT TITLE. 
"This part may be cited as the 'Dropout Prevention Act'. 
20 use 6552. 
"SEC. 1802. PURPOSE. 
"The purpose of this part is to provide for school dropout 
prevention and reentry and to raise academic achievement levels 
by providing grants that— 
"(1) challenge all children to attain their highest academic 
potential; and 
"(2) ensure that all students have substantial and ongoing 
opportunities to attain their highest academic potential through 
schoolwide programs proven effective in school dropout preven-
tion and reentry. 
20 use 6553. 
"SEC. 1803. AUTHORIZATION OF APPROPRIATIONS. 
"For the purpose of carrying out this part, there are authorized 
to be appropriated $125,000,000 for fiscal year 2002 and such 
sums as may be necessary for each of the 5 succeeding fiscal 
years, of which— 
"(1) 10 percent shall be available to carry out subpart 
1 for each fiscal year; and 
"(2) 90 percent shall be available to carry out subpart 
2 for each fiscal year. 
"Subpart 1—Coordinated National Strategy 
20 use 6555. 
"SEC. 1811. NATIONAL ACTIVITIES. 
"(a) IN GENERAL.—The Secretary is authorized— 
"(1) to collect systematic data on the effectiveness of the 
programs assisted under this part in reducing school dropout 
rates and increasing school reentry and secondary school 
graduation rates; 
"(2) to establish a national clearinghouse of information 
on effective school dropout prevention and reentry programs 
that shall disseminate to State educational agencies, local edu-
cational agencies, and schools— 
"(A) the results of research on school dropout preven-
tion and reentry; and 
"(B) information on effective programs, best practices, 
and Federal resources to— 
"(i) reduce annual school dropout rates; 
"(ii) increase school reentry; and 
"(iii) increase secondary school graduation rates; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1611 
"(3) to provide technical assistance to State educational 
agencies, local educational agencies, and schools in designing 
and implementing programs and securing resources to imple-
ment effective school dropout prevention and reentry programs; 
"(4) to establish and consult with an interagency working 
group that shall— 
"(A) address inter- and intra-agency program coordina-
tion issues at the Federal level with respect to school 
dropout prevention and reentry, and assess the targeting 
of existing Federal services to students who are most at 
risk of dropping out of school, and the cost-effectiveness 
of various programs and approaches used to address school 
dropout prevention and reentry; 
"(B) describe the ways in which State educational agen-
cies and local educational agencies can implement effective 
school dropout prevention and reentry programs using 
funds from a variety of Federal programs, including the 
programs under this part; and 
"(C) examine Federal programs that may have a posi-
tive impact on secondary school graduation or school 
reentry; 
"(5) to carry out a national recognition program in accord-
ance with subsection (b) that recognizes schools that have made 
extraordinary progress in lowering school dropout rates; and 
"(6) to use funds made available for this subpart to carry 
out the evaluation required under section 1830(c). 
"(b) RECOGNITION PROGRAM.— 
"(1) ESTABLISHMENT.—The Secretary shall--
"(A) establish a national recognition program; and 
"(B) develop uniform national guidelines for the rec-
ognition program that shall be used to recognize eligible 
schools from nominations submitted by State educational 
agencies. 
"(2) RECOGNITION.—The Secretary shall recognize, under 
the recognition program established under paragraph (1), 
eligible schools. 
"(3) SUPPORT.—The Secretary may make monetary awards 
to an eligible school recognized under this subsection in 
amounts determined appropriate by the Secretary that shall 
be used for dissemination activities within the eligible school 
district or nationally. 
"(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection, 
the term 'eligible school' means a public middle school or sec-
ondary school, including a charter school, that has implemented 
comprehensive reforms that have been effective in lowering 
school dropout rates for all students— 
"(A) in that secondary school or charter school; or 
"(B) in the case of a middle school, in the secondary 
school that the middle school feeds students into. 
"(c) CAPACITY BUILDING.— 
"(1) IN GENERAL.—The Secretary, through a contract with 
one or more non-Federal entities, may conduct a capacity 
building and design initiative in order to increase the types 
of proven strategies for school dropout prevention and reentry 
that address the needs of an entire school population rather 
than a subset of students. 
"(2) NUMBER AND DURATION.— 
115 STAT. 1612 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) NUMBER.—The Secretary may award not more 
than five contracts under this subsection. 
"(B) DURATION.—The Secretary may award a contract 
under this subsection for a period of not more than 5 
years. 
"(d) SUPPORT FOR EXISTING REFORM NETWORKS.— 
"(1) IN GENERAL.—The Secretary may provide appropriate 
support to ehgible entities to enable the ehgible entities to 
provide training, materials, development, and staff assistance 
to schools assisted under this part. 
"(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 
the term 'eligible entity' means an entity that, prior to the 
date of enactment of the Dropout Prevention Act— 
"(A) provided training, technical assistance, and mate-
rials related to school dropout prevention or reentry to 
100 or more elementary schools or secondary schools; and 
"(B) developed and published a specific educational 
program or design related to school dropout prevention 
or reentry for use by the schools. 
"Subpart 2—School Dropout Prevention Initiative 
20 use 6561. 
"SEC. 1821. DEFINITIONS. 
"In this subpart: 
"(1) LOW-INCOME STUDENT.—The term 'low-income student' 
means a student who is determined by a local educational 
agency to be from a low-income family using the measures 
described in section 1113(c). 
"(2) STATE.—The term 'State' means each of the several 
States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin 
Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Bureau of Indian Affairs 
for purposes of serving schools funded by the Bureau. 
20 use 6561a. 
"SEC. 1822. PROGRAM AUTHORIZED. 
"(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL EDU-
CATIONAL AGENCIES.— 
"(1) AMOUNT LESS THAN $75,000,000.— 
"(A) IN GENERAL.—If the amount appropriated under 
section 1803 for a fiscal year equals or is less than 
$75,000,000, then the Secretary shall use such amount 
to award grants, on a competitive basis, to— 
"(i) 
State 
educational 
agencies 
to 
support 
activities— 
"(I) in schools that— 
"(aa) serve students in grades 6 through 
12; and 
"(bb) have annual school dropout rates 
that are above the State average annual school 
dropout rate; or 
"(II) in the middle schools that feed students 
into the schools described in subclause (I); or 
"(ii) local educational agencies that operate— 
"(I) schools that— 
"(aa) serve students in grades 6 through 
12; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1613 
"(bb) have annual school dropout rates 
that are above the State average annual school 
dropout rate; or 
"(II) middle schools that feed students into 
the schools described in subclause (I). 
"(B) USE OF GRANT FUNDS.—Grant funds awarded 
under this paragraph shall be used to fund effective, 
sustainable, and coordinated school dropout prevention and 
reentry programs that may include the activities described 
in subsection (b)(2), in— 
"(i) schools serving students in grades 6 through 
12 that have annual school dropout rates that are 
above the State average annual school dropout rate; 
or 
"(ii) the middle schools that feed students into 
the schools described in clause (i). 
"(2) AMOUNT LESS THAN $250,000,000 BUT MORE THAN 
$75,000,000.—If the amount appropriated under section 1803 for 
a fiscal year is less than $250,000,000 but more than 
$75,000,000, then the Secretary shall use such amount to award 
grants, on a competitive basis, to State educational agencies 
to enable the State educational agencies to award subgrants 
under subsection (b). 
"(3) AMOUNT EQUAL TO OR EXCEEDS $250,000,000.—If the 
amount appropriated under section 1803 for a fiscal year equals 
or exceeds $250,000,000, then the Secretary shall use such 
amount to award a grant to each State educational agency 
in an amount that bears the same relation to such appropriated 
amount as the amount the State educational agency received 
under part A for the preceding fiscal year bears to the amount 
received by all State educational agencies under such part 
for the preceding fiscal year, to enable the State educational 
agency to award subgrants under subsection (b). 
"(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
"(1) IN GENERAL.—From amounts made available to a State 
educational agency under paragraph (2) or (3) of subsection 
(a), the State educational agency shall award subgrants, on 
a competitive basis, to local educational agencies that operate 
public schools that serve students in grades 6 through 12 
and that have annual school dropout rates that are above 
the State average annual school dropout rate, to enable those 
schools, or the middle schools that feed students into those 
schools, to implement effective, sustainable, and coordinated 
school dropout prevention and reentry programs that involve 
activities such as— 
"(A) professional development; 
"(B) obtaining curricular materials; 
"(C) release time for professional staff to obtain profes-
sional development; 
"(D) planning and research; 
"(E) remedial education; 
"(F) reduction in pupil-to-teacher ratios; 
"(G) efforts to meet State student academic achieve-
ment standards; 
"(H) counseling and mentoring for at-risk students; 
"(I) implementing comprehensive school reform models, 
such as creating smaller learning communities; and 
115 STAT. 1614 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(J) school reentry activities. 
"(2) AMOUNT.—Subject to paragraph (3), a subgrant under 
this subpart shall be awarded— 
"(A) in the first year that a local educational agency 
receives a subgrant payment under this subpart, in an 
amount that is based on factors such as— 
"(i) the size of schools operated by the local edu-
cational agency; 
"(ii) costs of the model or set of prevention and 
reentry strategies being implemented; and 
"(iii) local cost factors such as poverty rates; 
"(B) in the second year, in an amount that is not 
less than 75 percent of the amount the local educational 
agency received under this subpart in the first such year; 
"(C) in the third year, in an amount that is not less 
than 50 percent of the amount the local educational agency 
received under this subpart in the first such year; and 
"(D) in each succeeding year, in an amount that is 
not less than 30 percent of the amount the local educational 
agency received under this subpart in the first year. 
"(3) DURATION.—^A subgrant under this subpart shall be 
awarded for a period of 3 years, and may be continued for 
a period of 2 additional years if the State educational agency 
determines, based on the annual reports described in section 
1830(a), that significant progress has been made in lowering 
the annual school dropout rate for secondary schools partici-
pating in the program assisted under this subpart. 
20 use 6561b. 
"SEC. 1823. APPLICATIONS. 
"(a) IN GENERAL.—To receive— 
"(1) a grant under this subpart, a State educational agency 
or local educational agency shall submit an application and 
plan to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reasonably 
require; and 
"(2) a subgrant under this subpart, a local educational 
agency shall submit an application and plan to the State edu-
cational agency at such time, in such manner, and accompanied 
by such information as the State educational agency may 
reasonably require. 
"(b) CONTENTS.— 
"(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL 
AGENCY.—Each application and plan submitted under sub-
section (a) shall— 
"(A) include an outline— 
"(i) of the State educational agency's or local edu-
cational agency's strategy for reducing the State edu-
cational agency or local educational agency's annual 
school dropout rate; 
"(ii) for targeting secondary schools, and the middle 
schools that feed students into those secondary schools, 
that have the highest annual school dropout rates; 
and 
"(iii) for assessing the effectiveness of the efforts 
described in the plan; 
"(B) contain an identification of the schools in the 
State or operated by the local educational agency that 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1615 
have annual school dropout rates that are greater than 
the average annual school dropout rate for the State; 
"(C) describe the instructional strategies to be imple-
mented, how the strategies will serve all students, and 
the effectiveness of the strategies; 
"(D) describe a budget and timeline for implementing 
the strategies; 
"(E) contain evidence of coordination with existing 
resources; 
"(F) provide an assurance that funds provided under 
this subpart will supplement, and not supplant, other State 
and local funds available for school dropout prevention 
and reentry programs; and 
"(G) describe how the activities to be assisted conform 
with research knowledge about school dropout prevention 
and reentry. 
"(2) LOCAL EDUCATIONAL AGENCY.—Each application and 
plan submitted under subsection (a) by a local educational 
agency shall contain, in addition to the requirements of para-
graph (1)— 
"(A) an assurance that the local educational agency 
is committed to providing ongoing operational support for 
such schools to address the problem of school dropouts 
for a period of 5 years; and 
"(B) an assurance that the local educational agency 
will support the plan, including— 
"(i) provision of release time for teacher training; 
"(ii) efforts to coordinate activities for secondary 
schools and the middle schools that feed students into 
those secondary schools; and 
"(iii) encouraging other schools served by the local 
educational agency to participate in the plan. 
"SEC. 1824. STATE RESERVATION. 
"A State educational agency that receives a grant under para-
graph (2) or (3) of section 1822(a) may reserve not more than 
5 percent of the grant funds for administrative costs and State 
activities related to school dropout prevention and reentry activities, 
of which not more than 2 percent of the grant funds may be 
used for administrative costs. 
"SEC. 1825. STRATEGIES A^fD CAPACITY BUILDING. 
"Each local educational agency receiving a grant or subgrant 
under this subpart and each State educational agency receiving 
a grant under this subpart shall implement scientifically based, 
sustainable, and widely replicated strategies for school dropout 
prevention and reentry. The strategies may include— 
"(1) specific strategies for targeted purposes, such as— 
"(A) effective early intervention programs designed to 
identify at-risk students; 
"(B) effective 
programs 
serving at-risk 
students, 
including racial and ethnic minorities and pregnant and 
parenting teenagers, designed to prevent such students 
from dropping out of school; and 
"(C) effective programs to identify and encourage youth 
who have already dropped out of school to reenter school 
and complete their secondary education; and 
20 use 6561c. 
20 use 6561d. 
115 STAT. 1616 
PUBLIC LAW 107-lia-^AN. 8, 2002 
"(2) approaches such as breaking larger schools down into 
smaller learning communities and other comprehensive reform 
approaches, creating alternative school programs, and devel-
oping clear linkages to career skills and employment. 
20 use 6561e. 
"SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUB-
GRANTS. 
"(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The 
State educational agency shall review applications submitted under 
section 1823(a)(2) and award subgrants to local educational agencies 
with the assistance and advice of a panel of experts on school 
dropout prevention and reentry. 
"(b) ELIGIBILITY.—^A local educational agency is eligible to 
receive a subgrant under this subpart if the local educational agency 
operates a public school (including a public alternative school)— 
"(1) that is eligible to receive assistance under part A; 
and 
"(2)(A) that serves students 50 percent or more of whom 
are low-income students; or 
"(B) in which a majority of the students come from feeder 
schools that serve students 50 percent or more of whom are 
low-income students. 
20 use 6561f. 
"SEC. 1827. COMMUNITY BASED ORGANIZATIONS. 
"A local educational agency that receives a grant or subgrant 
under this subpart and a State educational agency that receives 
a grant under this subpart may use the funds to secure necessary 
services from a community-based organization or other government 
agency if the funds are used to provide school dropout prevention 
and reentry activities related to schoolwide efforts. 
20 use 6561g. 
"SEC. 1828. TECHNICAL ASSISTANCE. 
"Notwithstanding any other provision of law, each local edu-
cational agency that receives funds under this subpart shall use 
the funds to provide technical assistance to secondary schools served 
by the agency that have not made progress toward lowering annual 
school dropout rates after receiving assistance under this subpart 
for 2 fiscal years. 
20 use 6561h. 
"SEC. 1829. SCHOOL DROPOUT RATE CALCULATION. 
"For purposes of calculating an annual school dropout rate 
under this subpart, a school shall use the annual event school 
dropout rate for students leaving a school in a single year deter-
mined in accordance with the National Center for Education Statis-
tics' Common Core of Data. 
20 use 65611. 
"SEC. 1830. REPORTING AND ACCOUNTABILITY. 
"(a) LOCAL EDUCATIONAL AGENCY REPORTS.— 
"(1) IN GENERAL.—To receive funds under this subpart 
for a fiscal year after the first fiscal year that a local educational 
agency receives funds under this subpart, the local educational 
agency shall provide, on an annual basis, a report regarding 
the status of the implementation of activities funded under 
this subpart, and the dropout data for students at schools 
assisted under this subpart, disaggregated by race and eth-
nicity, to the— 
"(A) Secretary, if the local educational agency receives 
a grant under section 1822(a)(1); or 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1617 
"(B) State educational agency, if the local educational 
agency receives a subgrant under paragraph (2) or (3) 
of section 1822(a). 
"(2) DROPOUT DATA.—The dropout data under paragraph 
(1) shall include annual school dropout rates for each fiscal 
year, starting with the 2 fiscal years before the local educational 
agency received funds under this subpart. 
"(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State edu-
cational agency receiving funds under this subpart shall provide 
to the Secretary, at such time and in such format as the Secretary 
may require, information on the status of the implementation of 
activities funded under this subpart and outcome data for students 
in schools assisted under this subpart. 
"(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect 
of the activities assisted under this subpart on school dropout 
prevention compared, if feasible, to a control group using control 
procedures. The Secretary may use funds appropriated for subpart 
1 to carry out this evaluation. 
"PART 
I—GENERAL 
PROVISIONS 
"SEC. 1901. FEDERAL REGULATIONS. 
"(a) IN GENERAL.—The Secretary may issue such regulations 
as are necessary to reasonably ensure that there is compliance 
with this title. 
"(b) NEGOTIATED RULEMAKING PROCESS.— 
"(1) IN GENERAL.—Before publishing in the Federal Register 
proposed regulations to carry out this title, the Secretary shall 
obtain the advice and recommendations of representatives of 
Federal, State, and local administrators, parents, teachers, 
paraprofessionals, and members of local school boards and other 
organizations involved with the implementation and operation 
of programs under this title. 
"(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice 
and recommendations may be obtained through such mecha-
nisms as regional meetings and electronic exchanges of informa-
tion. 
"(3) PROPOSED REGULATIONS.—After obtaining such advice 
and recommendations, and before publishing proposed regula-
tions, the Secretary shall— 
"(A) establish a negotiated rulemaking process on, at 
a minimum, standards and assessments; 
"(B) select individuals to participate in such process 
from among individuals or groups that provided advice 
and recommendations, including representation from all 
geographic regions of the United States, in such numbers 
as will provide an equitable balance between representa-
tives of parents and students and representatives of edu-
cators and education officials; and 
"(C) prepare a draft of proposed policy options that 
shall be provided to the individuals selected by the Sec-
retary under subparagraph (B) not less than 15 days before 
the first meeting under such process. 
"(4) PROCESS.—Such process— 
"(A) shall be conducted in a timely manner to ensure 
that final regulations are issued by the Secretary not later 
20 u s e 6571. 
Federal Register, 
publication. 
Deadline. 
Deadline. 
115 STAT. 1618 
PUBLIC LAW 107-110-^AN. 8, 2002 
than 1 year after the date of enactment of the No Child 
Left Behind Act of 2001; and 
"(B) shall not be subject to the Federal Advisory Com-
mittee Act, but shall otherwise follow the provisions of 
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et 
seq.). 
"(5) EMERGENCY SITUATION.—In an emergency situation 
in which regulations to carry out this title must be issued 
within a very limited time to assist State educational agencies 
and local educational agencies with the operation of a program 
under this title, the Secretary may issue proposed regulations 
without following such process but shall, immediately thereafter 
and before issuing final regulations, conduct regional meetings 
to review such proposed regulations. 
"(c) LIMITATION.—Regulations to carry out this part may not 
require local programs to follow a particular instructional model, 
such as the provision of services outside the regular classroom 
or school program. 
20 use 6572. 
"SEC. 1902. AGREEMENTS AND RECORDS. 
"(a) AGREEMENTS.—^All published proposed regulations shall 
conform to agreements that result from negotiated rulemaking 
described in section 1901 unless the Secretary reopens the nego-
tiated rulemaking process or provides a written explanation to 
the participants involved in the process explaining why the Sec-
retary decided to depart from, and not adhere to, such agreements. 
"(b) RECORDS.—The Secretary shall ensure that an accurate 
and reliable record of agreements reached during the negotiations 
process is maintained. 
20 use 6573. 
"SEC. 1903. STATE ADMINISTRATION. 
"(a) RULEMAKING.— 
"(1) IN GENERAL.—Each State that receives funds under 
this title shall— 
"(A) ensure that any State rules, regulations, and poli-
cies relating to this title conform to the purposes of this 
title and provide any such proposed rules, regulations, 
and policies to the committee of practitioners created under 
subsection (b) for review and comment; 
"(B) minimize such rules, regulations, and policies to 
which the State's local educational agencies and schools 
are subject; 
"(C) eliminate or modify 
State and local fiscal 
accounting requirements in order to facilitate the ability 
of schools to consolidate funds under schoolwide programs; 
and 
"(D) identify any such rule, regulation, or policy as 
a State-imposed requirement. 
"(2) SUPPORT AND FACILITATION.—State rules, regulations, 
and policies under this title shall support and facilitate local 
educationsJ agency and school-level systemic reform designed 
to enable all children to meet the challenging State student 
academic achievement standards. 
"(b) COMMITTEE OF PRACTITIONERS.— 
"(1) IN GENERAL.—Each State educational agency that 
receives funds under this title shall create a State committee 
of practitioners to advise the State in carrying out its respon-
sibilities under this title. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1619 
"(2) MEMBERSHIP.—Each such committee shall include— 
"(A) as a majority of its members, representatives from 
local educational agencies; 
"(B) administrators, including the administrators of 
programs described in other parts of this title; 
"(C) teachers, including vocational educators; 
"(D) parents; 
"(E) members of local school boards; 
"(F) representatives of private school children; and 
"(G) pupil services personnel. 
"(3) DUTIES.—The duties of such committee shall include 
a review, before publication, of any proposed or final State 
rule or regulation pursuant to this title. In an emergency situa-
tion where such rule or regulation must be issued within a 
very limited time to assist local educational agencies with the 
operation of the program under this title, the State educational 
agency may issue a regulation without prior consultation, but 
shall immediately thereafter convene the State committee of 
practitioners to review the emergency regulation 
before 
issuance in final form. 
"SEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS. 
20 USC 6574. 
"(a) AUDITS.—The Comptroller General of the United States 
shall conduct audits of not less than 6 local educational agencies 
that receive funds under part A in each fiscal year to determine 
more clearly and specifically how local educational agencies are 
expending such funds. Such audits— 
"(1) shall be conducted in 6 local educational agencies that 
represent the size, ethnic, economic, and geographic diversity 
of local educational agencies; and 
"(2) shall examine the extent to which funds have been 
expended for academic instruction in the core curriculum and 
activities unrelated to academic instruction in the core cur-
riculum, such as the payment of janitorial, utility, and other 
maintenance services, the purchase and lease of vehicles, and 
the payment for travel and attendance costs at conferences. 
"(b) REPORT.—Not later than 3 months after the completion Deadline, 
of the audits under subsection (a) each year, the Comptroller Gen-
eral of the United States shall submit a report on each audit 
to the Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Education, Labor 
and Pensions of the Senate. 
"SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
20 USC 6575. 
OR CONTROL. 
"Nothing in this title shall be construed to authorize an officer 
or employee of the Federal Government to mandate, direct, or 
control a State, local educational agency, or school's specific instruc-
tional content, academic achievement standards and assessments, 
curriculum, or program of instruction. 
"SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 
20 USC 6576. 
"Nothing in this title shall be construed to mandate equalized 
spending per pupil for a State, local educational agency, or school. 
"SEC. 1907. STATE REPORT ON DROPOUT DATA. 
20 USC 6577. 
"Not later than 1 year after a State educational agency receives Deadline, 
funds under this title, the agency shall report to the Secretary 
115 STAT. 1620 
PUBLIC LAW 107-110—JAN. 8, 2002 
and statewide, all school district data regarding annual school drop-
out rates in the State disaggregated by race and ethnicity according 
to procedures that conform with the National Center for Education 
Statistics' Common Core of Data. 
20 use 6578. 
"SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116. 
Deadline. 
"The Secretary shall issue regulations for sections 1111 and 
1116 not later than 6 months after the date of enactment of the 
No Child Left Behind Act of 2001.". 
TITLE II—PREPARING, TRAINING, AND 
RECRUITING HIGH QUALITY TEACH-
ERS AND PRINCIPALS 
SEC. 201. TEACHER AND PRINCIPAL TRAINING AND RECRUITING 
FUND. 
Title II (20 U.S.C. 6601 et seq.) is amended to read as follows: 
"TITLE II—PREPARING, TRAINING, AND 
RECRUITING HIGH QUALITY TEACH-
ERS AND PRINCIPALS 
"PART A—TEACHER AND PRINCIPAL TRAINING 
AND RECRUITING FUND 
20 use 6601. 
"SEC. 2101. PURPOSE. 
"The purpose of this part is to provide grants to State edu-
cational agencies, local educational agencies, State agencies for 
higher education, and eligible partnerships in order to— 
"(1) increase student academic achievement through strate-
gies such as improving teacher and principal quality and 
increasing the number of highly qualified teachers in the class-
room and highly qualified principals and assistant principals 
in schools; and 
"(2) hold local educational agencies and schools accountable 
for improvements in student academic achievement. 
20 use 6602. 
"SEC. 2102. DEFINITIONS. 
"In this part: 
"(1) ARTS AND SCIENCES.—The term 'arts and sciences' 
means— 
"(A) when referring to an organizational unit of an 
institution of higher education, any academic unit that 
offers one or more academic majors in disciplines or content 
areas corresponding to the academic subjects in which 
teachers teach; and 
"(B) when referring to a specific academic subject, the 
disciplines or content areas in which an academic major 
is offered by an organizational unit described in subpara-
graph (A). 
"(2) CHARTER SCHOOL.—The term 'charter school' has the 
meaning given the term in section 5210. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1621 
"(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
'high-need local educational agency' means a local educational 
agency— 
"(A)(i) that serves not fewer than 10,000 children from 
families with incomes below the poverty line; or 
"(ii) for which not less than 20 percent of the children 
served by the agency are from families with incomes below 
the poverty line; and 
"(B)(i) for which there is a high percentage of teachers 
not teaching in the academic subjects or grade levels that 
the teachers were trained to teach; or 
"(ii) for which there is a high percentage of teachers 
with emergency, provisional, or temporary certification or 
licensing. 
"(4) 
HIGHLY 
QUALIFIED PARAPROFESSIONAL.—The term 
'highly qualified paraprofessional' means a paraprofessional 
who has not less than 2 years of— 
"(A) experience in a classroom; and 
"(B) postsecondary education or demonstrated com-
petence in a field or academic subject for which there 
is a significant shortage of qualified teachers. 
"(5) OUT-OF-FIELD TEACHER.—The term 'out-of-field teacher' 
means a teacher who is teaching an academic subject or a 
grade level for which the teacher is not highly qualified. 
"(6) PRINCIPAL.—The term 'principal' includes an assistant 
principal. 
"SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS. 
20 USC 6603. 
"(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND 
ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated 
to carry out this part (other than subpart 5) $3,175,000,000 for 
fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years. 
"(b) NATIONAL PROGRAMS.—There are authorized to be appro-
priated to carry out subpart 5 such sums as may be necessary 
for fiscal year 2002 and each of the 5 succeeding fiscal years. 
"Subpart 1—Grants to States 
"SEC. 2111. ALLOTMENTS TO STATES. 
20 USC 6611. 
"(a) IN GENERAL.—The Secretary shall make grants to States 
with applications approved under section 2112 to pay for the Federal 
share of the cost of carrying out the activities specified in section 
2113. Each grant shall consist of the allotment determined for 
a State under subsection (b). 
"(b) DETERMINATION OF ALLOTMENTS.— 
"(1) RESERVATION OF FUNDS.— 
"(A) IN GENERAL.—From the total amount appropriated 
under section 2103(a) for a fiscal year, the Secretary shall 
reserve— 
"(i) one-half of 1 percent for allotments for the 
United States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana 
Islands, to be distributed among those outlying areas 
on the basis of their relative need, as determined by 
the Secretary, in accordance with the purpose of this 
part; and 
115 STAT. 1622 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) one-half of 1 percent for the Secretary of the 
Interior for programs under this part in schools oper-
ated or funded by the Bureau of Indian Affairs. 
"(2) STATE ALLOTMENTS.— 
"(A) HOLD HARMLESS.— 
"(i) IN GENERAL.—Subject to subparagraph (B), 
from the funds appropriated under section 2103(a) for 
any fiscal year and not reserved under paragraph (1), 
the Secretary shall allot to each of the 50 States, 
the District of Columbia, and the Commonwealth of 
Puerto Rico an amount equal to the total amount that 
such State received for fiscal year 2001 under— 
"(I) section 2202(b) of this Act (as in effect 
on the day before the date of enactment of the 
No Child Left Behind Act of 2001); and 
"(II) section 306 of the Department of Edu-
cation Appropriations Act, 2001 (as enacted into 
law by section 1(a)(1) of Public Law 106-554). 
"(ii) RATABLE REDUCTION.—If the funds described 
in clause (i) are insufficient to pay the full amounts 
that all States are eligible to receive under clause 
(i) for any fiscal year, the Secretary shall ratably reduce 
those amounts for the fiscal year. 
"(B) ALLOTMENT OF ADDITIONAL FUNDS.— 
"(i) IN GENERAL.—Subject to clause (ii), for any 
fiscal year for which the funds appropriated under 
section 2103(a) and not reserved under paragraph (1) 
exceed the total amount required to make allotments 
under subparagraph (A), the Secretary shall allot to 
each of the States described in subparagraph (A) the 
sum of— 
"(I) an amount that bears the same relation-
ship to 35 percent of the excess amount as the 
number of individuals age 5 through 17 in the 
State, as determined by the Secretary on the basis 
of the most recent satisfactory data, bears to the 
number of those individuals in all such States, 
as so determined; and 
"(II) an amount that bears the same relation-
ship to 65 percent of the excess amount as the 
number of individuals age 5 through 17 from fami-
lies with incomes below the poverty line, in the 
State, as determined by the Secretary on the basis 
of the most recent satisfactory data, bears to the 
number of those individuals in all such States, 
as so determined. 
"(ii) EXCEPTION.—No State receiving an allotment 
under clause (i) may receive less than one-half of 1 
percent of the total excess amount allotted under such 
clause for a fiscal year. 
"(3) REALLOTMENT.—If any State does not apply for an 
allotment under this subsection for any fiscal year, the Sec-
retary shall reallot the amount of the allotment to the 
remaining States in accordance with this subsection. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1623 
"SEC. 2112. STATE APPLICATIONS. 
20 USC 6612. 
"(a) IN GENERAL.—For a State to be eligible to receive a grant 
under this part, the State educational agency shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require. 
"(b) CONTENTS.—Each application submitted under this section 
shall include the following: 
"(1) A description of how the activities to be carried out 
by the State educational agency under this subpart will be 
based on a review of scientifically based research and an expla-
nation of why the activities are expected to improve student 
academic achievement. 
"(2) A description of how the State educational agency 
will ensure that a local educational agency receiving a subgrant 
to carry out subpart 2 will comply with the requirements of 
such subpart. 
"(3) A description of how the State educational agency 
will ensure that activities assisted under this subpart are 
aligned with challenging State academic content and student 
academic achievement standards, State assessments, and State 
and local curricula. 
"(4) A description of how the State educational agency 
will use funds under this part to improve the quality of the 
State's teachers and principals. 
"(5)(A) A description of how the State educational agency 
will coordinate professional development activities authorized 
under this part with professional development activities pro-
vided under other Federal, State, and local programs. 
"(B) A description of the comprehensive strategy that the 
State educational agency will use, as part of such coordination 
effort, to ensure that teachers are trained in the use of tech-
nology so that technology and applications of technology are 
effectively used in the classroom to improve teaching and 
learning in all curricula and academic subjects, as appropriate. 
"(6) A description of how the State educational agency 
will encourage the development of proven, innovative strategies 
to deliver intensive professional development programs that 
are both cost-effective and easily accessible, such as strategies 
that involve delivery through the use of technology, peer net-
works, and distance learning. 
"(7)(A) A description of how the State educational agency 
will ensure compliance with the requirements for professional 
development activities described in section 9101 and how the 
activities to be carried out under the grant will be developed 
collaboratively and based on the input of teachers, principals, 
parents, administrators, paraprofessionals, and other school 
personnel. 
"(B) In the case of a State in which the State educational 
agency is not the entity responsible for teacher professional 
standards, certification, and licensing, an assurance that the 
State activities carried out under this subpart are carried out 
in conjunction with the entity responsible for such standards, 
certification, and licensing under State law. 
"(8) A description of how the State educational agency 
will ensure that the professional development (including teacher 
115 STAT. 1624 
PUBLIC LAW 107-110-^AN. 8, 2002 
mentoring) needs of teachers will be met using funds under 
this subpart and subpart 2. 
"(9) A description of the State educational agency's annual 
measurable objectives under section 1119(a)(2). 
"(10) A description of how the State educational agency 
will use funds under this part to meet the teacher and para-
professional requirements of section 1119 and how the State 
educational agency will hold local educational agencies account-
able for meeting the annual measurable objectives described 
in section 1119(a)(2). 
"(11) In the case of a State that has a charter school 
law that exempts teachers from State certification and licensing 
requirements, the specific portion of the State law that provides 
for the exemption. 
"(12) An assurance that the State educational agency will 
comply with section 9501 (regarding participation by private 
school children and teachers). 
"(c) 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 expiration of the 120-day period 
beginning on the date on which the Secretary received the applica-
tion, that the application is not in compliance with this subpart. 
"(d) DISAPPROVAL.—^The Secretary shall not finally disapprove 
the application, except after giving the State educational agency 
notice and an opportunity for a hearing. 
"(e) NOTIFICATION.—If the Secretary finds that the application 
is not in compliance, in whole or in part, with this subpart, the 
Secretary shall— 
"(1) give the State educational agency notice and an oppor-
tunity for a hearing; and 
"(2) notify the State educational agency of the finding of 
noncompliance and, in such notification, shall— 
"(A) cite the specific provisions in the application that 
are not in compliance; and 
"(B) request additional information, only as to the non-
compliant provisions, needed to make the application 
compliant. 
"(f) RESPONSE.—If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) during 
the 45-day period beginning on the date on which the agency 
received the notification, and resubmits the application with the 
requested information described in subsection (e)(2)(B), the Sec-
retary shall approve or disapprove such application prior to the 
later of— 
"(1) the expiration of the 45-day period beginning on the 
date on which the application is resubmitted; or 
"(2) the expiration of the 120-day period described in sub-
section (c). 
"(g) FAILURE TO RESPOND.—If the State educational agency 
does not respond to the Secretary's notification described in sub-
section (e)(2) during the 45-day period beginning on the date on 
which the agency received the notification, such application shall 
be deemed to be disapproved. 
PUBLIC LAW lOV-llQ-JAN. 8, 2002 
115 STAT. 1625 
"SEC. 2113. STATE USE OF FUNDS. 
20 USC 6613. 
"(a) IN GENERAL.—^A State that receives a grant under section 
2111 shall— 
"(1) reserve 95 percent of the funds made available through 
the grant to make subgrants to local educational agencies as 
described in subpart 2; 
"(2) reserve 2.5 percent (or, for a fiscal year described 
in subsection (b), the percentage determined under subsection 
(b)) of the funds to make subgrants to local partnerships as 
described in subpart 3; and 
"(3) use the remainder of the funds for State activities 
described in subsection (c). 
"(b) SPECIAL RULE.—For any fiscal year for which the total 
amount that would be reserved by all States under subsection 
(a)(2), if the States applied a 2.5 percentage rate, exceeds 
$125,000,000, the Secretary shall determine an alternative percent-
age that the States shall apply for that fiscal year under subsection 
(a)(2) so that the total amount reserved by all States under sub-
section (a)(2) equals $125,000,000. 
"(c) STATE ACTIVITIES.—The State educational agency for a 
State that receives a grant under section 2111 shall use the funds 
described in subsection (a)(3) to carry out one or more of the 
following activities, which may be carried out through a grant 
or contract with a for-profit or nonprofit entity: 
"(1) Reforming teacher and principal certification (including 
recertification) or licensing requirements to ensure that— 
"(A)(i) teachers have the necessaiy subject matter 
knowledge and teaching skills in the academic subjects 
that the teachers teach; and 
"(ii) principals have the instructional leadership skills 
to help teachers teach and students learn; 
"(B) teacher certification (including recertification) or 
licensing requirements are aligned with challenging State 
academic content standards; and 
"(C) teachers have the subject matter knowledge and 
teaching skills, including technology literacy, and principals 
have the instructional leadership skills, necessary to help 
students meet challenging State student academic achieve-
ment standards. 
"(2) Carrying out programs that provide support to teachers 
or principals, including support for teachers and principals 
new to their profession, such as programs that— 
"(A) provide teacher mentoring, team teaching, reduced 
class schedules, and intensive professional development; 
and 
"(B) use standards or assessments for guiding begin-
ning teachers that are consistent with challenging State 
student academic achievement standards and with the 
requirements 
for 
professional 
development 
activities 
described in section 9101. 
"(3) Carrying out programs that establish, expand, or 
improve alternative routes for State certification of teachers 
and principals, especially in the areas of mathematics and 
science, for highly qualified individuals with a baccalaureate 
or master's degree, including mid-career professionals from 
other occupations, paraprofessionals, former military personnel, 
89-194 0 -03- 21 QL3 Part 2 
115 STAT. 1626 
PUBLIC LAW 107-110-^AN. 8, 2002 
and recent college or university graduates with records of aca-
demic distinction who demonstrate the potential to become 
highly effective teachers or principals. 
"(4) Developing and implementing mechanisms to assist 
local educational agencies and schools in effectively recruiting 
and retaining highly qualified teachers, including specialists 
in core academic subjects, principals, and pupil services per-
sonnel, except that funds made available under this paragraph 
may be used for pupil services personnel only— 
"(A) if the State educational agency is making progress 
toward meeting the annual measurable objectives described 
in section 1119(a)(2); and 
"(B) in a manner consistent with mechanisms to assist 
local educational 
agencies £ind schools in 
effectively 
recruiting and retaining highly qualified teachers and prin-
cipals. 
"(5) Reforming tenure systems, implementing teacher 
testing for subject matter knowledge, and implementing teacher 
testing for State certification or licensing, consistent with title 
II of the Higher Education Act of 1965. 
"(6) Providing professional development for teachers and 
principals and, in cases in which a State educational agency 
determines support to be appropriate, supporting the participa-
tion of pupil services personnel in the same type of professional 
development activities as are made available to teachers and 
principals. 
"(7) Developing systems to measure the effectiveness of 
specific professional development programs and strategies to 
document gains in student academic achievement or increases 
in teacher mastery of the academic subjects the teachers teach. 
"(8) Fulfilling the State educational agency's responsibil-
ities concerning proper and efficient administration of the pro-
grams carried out under this part, including provision of tech-
nical assistance to local educational agencies. 
"(9) Funding projects to promote reciprocity of teacher and 
principal certification or licensing between or among States, 
except that no reciprocity agreement developed under this para-
graph or developed using funds provided under this part may 
lead to the weakening of any State teaching certification or 
licensing requirement. 
"(10) Developing or assisting local educational agencies in 
the development and use of proven, innovative strategies to 
deliver intensive professional development programs that are 
both cost-effective and easily accessible, such as strategies that 
involve delivery through the use of technology, peer networks, 
and distance learning. 
"(11) Encouraging and supporting the training of teachers 
and administrators to effectively integrate technology into cur-
ricula and instruction, including training to improve the ability 
to collect, manage, and analyze data to improve teaching, 
decisionmaking, school improvement efforts, and accountability. 
"(12) Developing, or assisting local educational agencies 
in developing, merit-based performance systems, and strategies 
that provide differential and bonus pay for teachers in high-
need academic subjects such as reading, mathematics, and 
science and teachers in high-poverty schools and districts. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1627 
"(13) Providing assistance to local educational agencies for 
the development and implementation of professional develop-
ment programs for principals that enable the principals to 
be effective school leaders and prepare all students to meet 
challenging State academic content and student academic 
achievement standards, and the development and support of 
school leadership academies to help exceptionally talented 
aspiring or current principals and superintendents become out-
standing managers and educational leaders. 
"(14) Developing, or assisting local educational agencies 
in developing, teacher advancement initiatives that promote 
professional growth and emphasize multiple career paths (such 
as paths to becoming a career teacher, mentor teacher, or 
exemplary teacher) and pay differentiation. 
"(15) Providing assistance to teachers to enable them to 
meet certification, licensing, or other requirements needed to 
become highly qualified by the end of the fourth year for which 
the State receives funds under this part (as amended by the 
No Child Left Behind Act of 2001). 
"(16) Supporting activities that ensure that teachers are 
able to use challenging State academic content standards and 
student academic achievement standards, and State assess-
ments, to improve instructional practices and improve student 
academic achievement. 
"(17) Funding projects and carrying out programs to encour-
age men to become elementary school teachers. 
"(18) Establishing and operating a center that— 
"(A) serves as a statewide clearinghouse for the recruit-
ment and placement of kindergarten, elementary school, 
and secondary school teachers; and 
"(B) establishes and carries out programs to improve 
teacher recruitment and retention within the State. 
"(d) ADMINISTRATIVE COSTS.—^A State educational agency or 
State agency for higher education receiving a grant under this 
part may use not more than 1 percent of the grant funds for 
planning and administration related to carrying out activities under 
subsection (c) and subpart 3. 
"(e) COORDINATION.—^A State that receives a grant to carry 
out this subpart and a grant under section 202 of the Higher 
Education Act of 1965 shall coordinate the activities carried out 
under this subpart and the activities carried out under that section. 
"(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 
subpart shall be used to supplement, and not supplant, non-Federal 
funds that would otherwise be used for activities authorized under 
this subpart. 
"Subpart 2—Subgrants to Local Educational 
Agencies 
"SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. 
20 USC 6621. 
"(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
"(1) IN GENERAL.—^The Secretary may make a grant to 
a State under subpart 1 only if the State educational agency 
agrees to distribute the funds described in this subsection as 
subgrants to local educational agencies under this subpart. 
"(2) HOLD HARMLESS.— 
115 STAT. 1628 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) IN GENERAL.—From the funds reserved by a State 
under section 2113(a)(1), the State educational agency shall 
allocate to each local educational agency in the State an 
amount equal to the total amount that such agency received 
for fiscal year 2001 under— 
"(i) section 2203(1)(B) of this Act (as in effect on 
the day before the date of enactment of the No Child 
Left Behind Act of 2001); and 
"(ii) section 306 of the Department of Education 
Appropriations Act, 2001 (as enacted into law by sec-
tion 1(a)(1) of PubHc Law 106-554). 
"(B) NONPARTICIPATING AGENCIES.—In the case of a 
local educational agency that did not receive any funds 
for fiscal year 2001 under one or both of the provisions 
referred to in clauses (i) and (ii) of subparagraph (A), 
the amount allocated to the agency under such subpara-
graph shall be the total amount that the agency would 
have received for fiscal year 2001 if the agency had elected 
to participate in all of the programs for which the agency 
was eligible under each of the provisions referred to in 
those clauses. 
"(C) RATABLE REDUCTION.—If the funds described in 
subparagraph (A) are insufficient to pay the full amounts 
that all local educational agencies in the State are eligible 
to receive under subparagraph (A) for any fiscal year, the 
State educational agency shall ratably reduce such amounts 
for the fiscal year. 
"(3) 
ALLOCATION OF ADDITIONAL FUNDS.—For any 
fiscal 
year for which the funds reserved by a State under section 
2113(a)(1) exceed the total amount required to make allocations 
under paragraph (2), the State educational agency shall allocate 
to each of the eligible local educational agencies in the State 
the sum o
f
— 
"(A) an amount that bears the same relationship to 
20 percent of the excess amount as the number of individ-
uals age 5 through 17 in the geographic area served by 
the agency, as determined by the Secretary on the basis 
of the most recent satisfactory data, bears to the number 
of those individuals in the geographic areas served by 
all the local educational agencies in the State, as so deter-
mined; and 
"(B) an amount that bears the same relationship to 
80 percent of the excess amount as the number of individ-
uals age 5 through 17 from families with incomes below 
the poverty line in the geographic area served by the 
agency, as determined by the Secretary on the basis of 
the most recent satisfactory data, bears to the number 
of those individuals in the geographic areas served by 
all the local educational agencies in the State, as so deter-
mined. 
20 u s e 6622. 
"SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT. 
"(a) IN GENERAL.—To be eligible to receive a subgrant under 
this subpart, a local educational agency shall submit an application 
to the State educational agency at such time, in such manner, 
and containing such information as the State educational agency 
may reasonably require. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1629 
"(b) CONTENTS.—Each application submitted under this section 
shall be based on the needs assessment required in subsection 
(c) and shall include the following: 
"(1)(A) A description of the activities to be carried out 
by the local educational agency under this subpart and how 
these activities will be aligned with— 
"(i) challenging State academic content standards and 
student academic achievement standards, and State assess-
ments; and 
"(ii) the curricula and programs tied to the standards 
described in clause (i). 
"(B) A description of how the activities will be based on 
a review of scientifically based research and an explanation 
of why the activities are expected to improve student academic 
achievement. 
"(2) A description of how the activities will have a substan-
tial, measurable, and positive impact on student academic 
achievement and how the activities will be used as part of 
a broader strategy to eliminate the achievement gap that sepa-
rates low-income and minority students from other students. 
"(3) An assurance that the local educational agency will 
target funds to schools within the jurisdiction of the local edu-
cational agency that— 
"(A) have the lowest proportion of highly qualified 
teachers; 
"(B) have the largest average class size; or 
"(C) are identified for school improvement under sec-
tion 1116(b). 
"(4) A description of how the local educational agency will 
coordinate professional development activities authorized under 
this subpart with professional development activities provided 
through other Federal, State, and local programs. 
"(5) A description of the professional development activities 
that will be made available to teachers and principals under 
this subpart and how the local educational agency will ensure 
that the professional development (which may include teacher 
mentoring) needs of teachers and principals will be met using 
funds under this subpart. 
"(6) A description of how the local educational agency will 
integrate funds under this subpart with funds received under 
part D that are used for professional development to train 
teachers to integrate technology into curricula and instruction 
to improve teaching, learning, and technology literacy. 
"(7) A description of how the local educational agency, 
teachers, paraprofessionals, principals, other relevant school 
personnel, and parents have collaborated in the planning of 
activities to be carried out under this subpart and in the 
preparation of the application. 
"(8) A description of the results of the needs assessment 
described in subsection (c). 
"(9) A description of how the local educational agency will 
provide training to enable teachers to— 
"(A) teach and address the needs of students with 
different learning styles, particularly students with disabil-
ities, students with special learning needs (including stu-
dents who are gifted and talented), and students with 
limited English proficiency; 
115 STAT. 1630 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(B) improve student behavior in the classroom and 
identify early and appropriate interventions to help stu-
dents described in subparagraph (A) learn; 
"(C) involve parents in their child's education; and 
"(D) understand and use data and assessments to 
improve classroom practice and student learning. 
"(10) A description of how the local educational agency 
will use funds under this subpart to meet the requirements 
of section 1119. 
"(11) An assurance that the local educational agency will 
comply with section 9501 (regarding participation by private 
school children and teachers). 
"(c) NEEDS ASSESSMENT.— 
"(1) IN GENERAL.—To be eligible to receive a subgrant under 
this subpart, a local educational agency shall conduct an assess-
ment of local needs for professional development and hiring, 
as identified by the local educational agency and school staff. 
"(2) REQUIREMENTS.—Such needs assessment shall be con-
ducted with the involvement of teachers, including teachers 
participating in programs under part A of title I, and shall 
take into account the activities that need to be conducted in 
order to give teachers the means, including subject matter 
knowledge and teaching skills, and to give principals the 
instructional leadership skills to help teachers, to provide stu-
dents with the opportunity to meet challenging State and local 
student academic achievement stsmdards. 
20 use 6623. 
"SEC. 2123. LOCAL USE OF FUNDS. 
"(a) IN GENERAL.—^A local educational agency that receives 
a subgrant under section 2121 shall use the funds made available 
through the subgrant to carry out one or more of the following 
activities, including carrying out the activities through a grant 
or contract with a for-profit or nonprofit entity: 
"(1) Developing and implementing mechanisms to assist 
schools in effectively recruiting and retaining highly qualified 
teachers, including specialists in core academic subjects, prin-
cipals, and pupil services personnel, except that funds made 
available under this paragraph may be used for pupil services 
personnel only— 
"(A) if the local educational agency is making progress 
toward meeting the annual measurable objectives described 
in section 1119(a)(2); and 
"(B) in a manner consistent with mechanisms to assist 
schools in effectively recruiting and retaining highly quali-
fied teachers and principals. 
"(2) Developing and implementing initiatives to assist in 
recruiting highly qualified teachers (particularly initiatives that 
have proven effective in retaining highly qualified teachers), 
and hiring highly qualified teachers, who will be assigned 
teaching positions within their fields, including— 
"(A) providing scholarships, signing bonuses, or other 
financial incentives, such as differential pay, for teachers 
to teach— 
"(i) in academic subjects in which there exists a 
shortage of highly qualified teachers within a school 
or within the local educational agency; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1631 
"(ii) in schools in which there exists a shortage 
of highly qualified teachers; 
"(B) recruiting and hiring highly qualified teachers 
to reduce class size, particularly in the early grades; and 
"(C) establishing programs that— 
"(i) train and hire regular and special education 
teachers (which may include hiring special education 
teachers to team-teach in classrooms that contain both 
children with disabilities and nondisabled children); 
"(ii) train and hire highly qualified teachers of 
special needs children, as well as teaching specialists 
in core academic subjects who will provide increased 
individualized instruction to students; 
"(iii) recruit qualified professionals from other 
fields, including highly qualified paraprofessionals, and 
provide such professionals with alternative routes to 
teacher certification, including developing and imple-
menting hiring policies that ensure comprehensive 
recruitment efforts as a way to expand the applicant 
pool, such as through identifying teachers certified 
through alternative routes, and using a system of 
intensive screening designed to hire the most qualified 
applicants; and 
"(iv) provide increased opportunities for minorities, 
individuals with disabilities, and other individuals 
underrepresented in the teaching profession. 
"(3) Providing professional development activities— 
"(A) that improve the knowledge of teachers and prin-
cipals 
and, 
in 
appropriate 
cases, 
paraprofessionals, 
concerning— 
"(i) one or more of the core academic subjects that 
the teachers teach; and 
"(ii) effective instructional strategies, methods, and 
skills, and use of challenging State academic content 
standards and student academic achievement stand-
ards, and State assessments, to improve teaching prac-
tices and student academic achievement; and 
"(B) that improve the knowledge of teachers and prin-
cipals and, in appropriate cases, paraprofessionals, con-
cerning effective instructional practices and that— 
"(i) involve collaborative groups of teachers and 
administrators; 
"(ii) provide training in how to teach and address 
the needs of students with different learning styles, 
particularly students with disabilities, students with 
special learning needs (including students who are 
gifted and talented), and students with limited English 
proficiency; 
"(iii) provide training in methods of— 
"(I) improving student behavior in the class-
room; and 
"(II) identifying early and appropriate inter-
ventions to help students described in clause (ii) 
learn; 
"(iv) provide training to enable teachers and prin-
cipals to involve parents in their child's education, 
115 STAT. 1632 
PUBLIC LAW 107-110—JAN. 8, 2002 
especially parents of limited English proficient and 
immigrant children; and 
"(v) provide training on how to understand and 
use data and assessments to improve classroom prac-
tice and student learning. 
"(4) Developing and implementing initiatives to promote 
retention of highly qualified teachers and principals, particu-
larly within elementary schools and secondary schools with 
a high percentage of low-achieving students, including pro-
grams that provide— 
"(A) teacher mentoring from exemplary teachers, prin-
cipals, or superintendents; 
"(B) induction and support for teachers and principals 
during their first 3 years of employment as teachers or 
principals, respectively; 
"(C) incentives, including financial incentives, to retain 
teachers who have a record of success in helping low-
achieving students improve their academic achievement; 
or 
"(D) incentives, including financial incentives, to prin-
cipals who have a record of improving the academic 
achievement of all students, but particularly students from 
economically disadvantaged families, students from racial 
and ethnic minority groups, and students with disabilities. 
"(5) Carrying out programs and activities that are designed 
to improve the quality of the teacher force, such as— 
"(A) innovative professional development programs 
(which may be provided • through partnerships including 
institutions of higher education), including programs that 
train teachers and principals to integrate technology into 
curricula and instruction to improve teaching, learning, 
and technology literacy, are consistent with the require-
ments of section 9101, and are coordinated with activities 
carried out under part D; 
"(B) development and use of proven, cost-effective 
strategies for the implementation of professional develop-
ment activities, such as through the use of technology 
and distance learning; 
"(C) tenure reform; 
"(D) merit pay programs; and 
"(E) testing of elementary school and secondary school 
teachers in the academic subjects that the teachers teach. 
"(6) Carrying out professional 
development 
activities 
designed to improve the quality of principals and superintend-
ents, including the development and support of academies to 
help talented aspiring or current principals and superintend-
ents become outstanding managers and educational leaders. 
"(7) Hiring highly qualified teachers, including teachers 
who become highly qualified through State and local alternative 
routes to certification, and special education teachers, in order 
to reduce class size, particularly in the early grades. 
"(8) Carrying out teacher advancement initiatives that pro-
mote professional growth and emphasize multiple career paths 
(such as paths to becoming a career teacher, mentor teacher, 
or exemplary teacher) and pay differentiation. 
"(10) Carrying out programs and activities related to exem-
plary teachers. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1633 
"(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 
subpart shall be used to supplement, and not supplant, non-Federal 
funds that would otherwise be used for activities authorized under 
this subpart. 
"Subpart 3—Subgrants to Eligible Partnerships 
"SEC. 2131. DEFINITIONS. 
20 USC 6631. 
"In this subpart: 
"(1) ELIGIBLE PARTNERSHIP.—The term 'eligible partnership' 
means an entity that— 
"(A) shall includ^-
"(i) a private or State institution of higher edu-
cation and the division of the institution that prepares 
teachers and principals; 
"(ii) a school of arts and sciences; and 
"(iii) a high-need local educational agency; and 
"(B) may include another local educational agency, a 
public charter school, an elementary school or secondary 
school, an educational service agency, a nonprofit edu-
cational organization, another institution of higher edu-
cation, a school of arts and sciences within such an institu-
tion, the division of such an institution that prepares 
teachers and principals, a nonprofit cultural organization, 
an entity carrying out a prekindergarten program, a 
teacher organization, a principal organization, or a busi-
ness. 
"(2) LOW-PERFORMING SCHOOL.—The term 'low-performing 
school' means an elementary school or secondary school that 
is identified under section 1116. 
"SEC. 2132. SUBGRANTS. 
20 USC 6632. 
"(a) IN GENERAL.—The State agency for higher education for 
a State that receives a grant under section 2111, working in conjunc-
tion with the State educational agency (if such agencies are sepa-
rate), shall use the funds reserved under section 2113(a)(2) to 
make subgrants, on a competitive basis, to eligible partnerships 
to enable such partnerships to carry out the activities described 
in section 2134. 
"(b) DISTRIBUTION.—The State agency for higher education shall 
ensure that— 
"(1) such subgrants are equitably distributed by geographic 
area within a State; or 
"(2) eligible partnerships in all geographic areas within 
the State are served through the subgrants. 
"(c) SPECIAL RULE.—No single participant in an eligible partner-
ship may use more than 50 percent of the funds made available 
to the partnership under this section. 
"SEC. 2133. APPLICATIONS. 
20 USC 6633. 
"To be eligible to receive a subgrant under this subpart, an 
eligible partnership shall submit an application to the State agency 
for higher education at such time, in such manner, and containing 
such information as the agency may require. 
"SEC. 2134. USE OF FUNDS. 
20 USC 6634. 
"(a) IN GENERAL.—^An eligible partnership that receives a 
subgrant under section 2132 shall use the subgrant funds for— 
115 STAT. 1634 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) professional development activities in core academic 
subjects to ensure that— 
"(A) teachers and highly qualified paraprofessionals, 
and, if appropriate, principals have subject matter knowl-
edge in the academic subjects that the teachers teach, 
including the use of computer related technology to enhance 
student learning; and 
"(B) principals have the instructional leadership skills 
that will help such principals work most effectively with 
teachers to help students master core academic subjects; 
and 
"(2) developing and providing assistance to local edu-
cational agencies and individuals who are teachers, highly 
qualified paraprofessionals, or principals of schools served by 
such agencies, for sustained, high-quality professional develop-
ment activities that— 
"(A) ensure that the individuals are able to use chal-
lenging State academic content standards and student aca-
demic achievement standards, and State assessments, to 
improve instructional practices and improve student aca-
demic achievement; 
"(B) may include intensive programs designed to pre-
pare such individuals who will return to a school to provide 
instruction 
related 
to 
the 
professional 
development 
described in subparagraph (A) to other such individuals 
within such school; and 
"(C) may include activities of partnerships between 
one or more local educational agencies, one or more schools 
served by such local educational agencies, and one or more 
institutions 
of higher education 
for the purpose of 
improving teaching and learning at low-performing schools. 
"(b) COORDINATION.—^An eligible partnership that receives a 
subgrant to carry out this subpart and a grant under section 203 
of the Higher Education Act of 1965 shall coordinate the activities 
carried out under this subpart and the activities carried out under 
that section 203. 
"Subpart 4—^Accountability 
20 use 6641. 
"SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY. 
"(a) IMPROVEMENT PLAN.—^After the second year of the plan 
described in section 1119(a)(2), if a State educational agency deter-
mines, based on the reports described in section 1119(b)(1), that 
a local educational agency in the State has failed to make progress 
toward meeting the annual measurable objectives described in sec-
tion 1119(a)(2), for 2 consecutive years, such local educational 
agency shall develop an improvement plan that will enable the 
agency to meet such annual measurable objectives and that specifi-
cally addresses issues that prevented the agency from meeting 
such annual measurable objectives. 
"(b) TECHNICAL ASSISTANCE.—During the development of the 
improvement plan described in subsection (a) and throughout 
implementation of the plan, the State educational agency shall— 
"(1) provide technical assistance to the local educational 
agency; and 
"(2) provide technical assistance, if applicable, to schools 
served by the local educational agency that need assistance 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1635 
to enable the local educational agency to meet the annual 
measurable objectives described in section 1119(a)(2). 
"(c) ACCOUNTABILITY.—^After the third year of the plan described Contracts, 
in section 1119(a)(2), if the State educational agency determines, 
based on the reports described in section 1119(b)(1), that the local 
educational agency has failed to make progress toward meeting 
the annual measurable objectives described in section 1119(a)(2), 
and has failed to make adequate yearly progress as described under 
section 1111(b)(2)(B), for 3 consecutive years, the State educational 
agency shall enter into an agreement with such local educational 
agency on the use of that agency's funds under this part. As part 
of this agreement, the State educational agency— 
"(1) shall develop, in conjunction with the local educational 
agency, teachers, and principals, professional development 
strategies and activities, based on scientifically based research, 
that the local educational agency will use to meet the annual 
measurable objectives described in section 1119(a)(2) and 
require such agency to utilize such strategies and activities; 
and 
"(2)(A) except as provided in subparagraphs (B) and (C), 
shall prohibit the use of funds received under part A of title 
I to fund any paraprofessional hired after the date such deter-
mination is made; 
"(B) shall allow the use of such funds to fund a paraprofes-
sional hired after that date if the local educational agency 
can demonstrate that the hiring is to fill a vacancy created 
by the departure of another paraprofessional funded under 
title I and such new paraprofessional satisfies the requirements 
of section 1119(c); and 
"(C) may allow the use of such funds to fund a paraprofes-
sional hired after that date if the local educational agency 
can demonstrate— 
"(i) that a significant influx of population has substan-
tially increased student enrollment; or 
"(ii) that there is an increased need for translators 
or assistance with parental involvement activities. 
"(d) SPECIAL RULE.—During the development of the strategies 
and activities described in subsection (c)(1), the State educational 
agency shall, in conjunction with the local educational agency, 
provide from funds allocated to such local educational agency under 
subpart 2 directly to one or more schools served by such local 
educational agency, to enable teachers at the schools to choose, 
with continuing consultation with the principal involved, profes-
sional development activities that— 
"(1) meet the requirements for professional development 
activities described in section 9101; and 
"(2) are coordinated with other reform efforts at the schools. 
"Subpart 5—National Activities 
"SEC. 2151. NATIONAL ACTIVmES OF DEMONSTRATED EFFECTIVE-
NESS. 
20 use 6651. 
"(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Sec-
retary is authorized to establish and carry out a national teacher 
recruitment campaign, which may include activities carried out 
through the National Teacher Recruitment Clearinghouse, to assist 
115 STAT. 1636 
PUBLIC LAW 107-110-^AN. 8, 2002 
high-need local educational agencies in recruiting teachers (particu-
larly those activities that are effective in retaining new teachers) 
and training teachers and to conduct a national public service 
campaign concerning the resources for, and the routes to, entering 
the field of teaching. In carrying out the campaign, the Secretary 
may promote and link the activities of the campaign to the informa-
tion and referral activities of the National Teacher Recruitment 
Clearinghouse. The Secretary shall coordinate activities under this 
subsection with State and regional recruitment activities. 
"(b) SCHOOL LEADERSHIP.— 
"(1) IN GENERAL.—The Secretary is authorized to establish 
and carry out a national principal recruitment program to 
assist high-need local educational agencies in recruiting and 
training principals (including assistant principals) through such 
activities as— 
"(A) providing financial incentives to aspiring new prin-
cipals; 
"(B) providing stipends to principals who mentor new 
principals; 
"(C) carrying out professional development programs 
in instructional leadership and management; and 
"(D) providing incentives that are appropriate for 
teachers or individuals from other fields who want to 
become principals and that are effective in retaining new 
principals. 
"(2) GRANTS.—If the Secretary uses sums made available 
under section 2103(b) to carry out paragraph (1), the Secretary 
shall carry out such paragraph by making grants, on a competi-
tive basis, to— 
"(A) high-need local educational agencies; 
"(B) consortia of high-need local educational agencies; 
and 
"(C) partnerships of high-need local educational agen-
cies, nonprofit organizations, and institutions of higher edu-
cation. 
"(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.— 
"(1) IN GENERAL.—The Secretary is authorized to support 
activities to encourage and support teachers seeking advanced 
certification or advanced credentialing through high quality 
professional 
teacher 
enhancement 
programs 
designed 
to 
improve teaching and learning. 
"(2) IMPLEMENTATION.—In carrying out paragraph (1), the 
Secretary shall make grants to eligible entities to— 
"(A) develop teacher standards that include measures 
tied to increased student academic achievement; and 
"(B) promote outreach, teacher recruitment, teacher 
subsidy, or teacher support programs, related to teacher 
certification or credentialing by the National Board for 
Professional Teaching Standards, the National Council on 
Teacher Quality, or other nationally recognized certification 
or credentialing organizations. 
"(3) ELIGIBLE ENTITIES.—In this subsection, the term 
'eligible entity' includes— 
"(A) a State educational agency; 
"(B) a local educational agency; 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1637 
"(C) the National Board for Professional Teaching 
Standards, in partnership with a high-need local edu-
cational agency or a State educational agency; 
"(D) the National Council on Teacher Quality, in part-
nership with a high-need local educational agency or a 
State educational agency; or 
"(E) another recognized entity, including another recog-
nized certification or credentialing organization, in partner-
ship with a high-need local educational agency or a State 
educational agency. 
"(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary 
is authorized to award a grant to the University of Northern Colo-
rado to enable such university to provide, to other institutions 
of higher education, assistance in training special education 
teachers. 
"(e) 
EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOP-
MENT.— 
"(1) PURPOSE.—The purpose of this subsection is to enhance 
the school readiness of young children, particularly disadvan-
taged young children, and to prevent young children from 
encountering difficulties once the children enter school, by 
improving the knowledge and skills of early childhood educators 
who work in communities that have high concentrations of 
children living in poverty. 
"(2) PROGRAM AUTHORIZED.— 
"(A) 
GRANTS TO PARTNERSHIPS.—The Secretary 
is 
authorized to carry out the purpose of this subsection by 
awarding grants, on a competitive basis, to partnerships 
consisting of— 
"(i)(I) one or more institutions of higher education 
that provide professional development for early child-
hood educators who work with children from low-
income families in high-need communities; or 
"(II) another public or private entity that provides 
such professional development; 
"(ii) one or more public agencies (including local 
educational agencies, State educational agencies. State 
human services agencies, and State and local agencies 
administering programs under the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 
et seq.). Head Start agencies, or private organizations; 
and 
"(iii) to the extent feasible, an entity with dem-
onstrated experience in providing training to educators 
in early childhood education programs concerning 
identifying 
and preventing behavior problems or 
working with children identified as or suspected to 
be victims of abuse. 
"(B) DURATION AND NUMBER OF GRANTS.— 
"(i) DURATION.—The Secretary shall award grants 
under this subsection for periods of not more than 
4 years. 
; 
"(ii) NUMBER.—No partnership may receive more 
than one grant under this subsection. 
"(3) APPLICATIONS.— 
"(A) APPLICATIONS REQUIRED.—^Any partnership that 
desires to receive a grant under this subsection shall submit 
115 STAT. 1638 
PUBLIC LAW 107-110-^AN. 8, 2002 
an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary 
may require. 
"(B) CONTENTS.—Each such appUcation shall include— 
"(i) a description of the high-need community to 
be served by the project proposed to be carried out 
through the grant, including such demographic and 
socioeconomic information 
as the Secretary 
may 
request; 
"(ii) information on the quality of the early child-
hood educator professional development program cur-
rently conducted (as of the date of the submission 
of the application) by the institution of higher edu-
cation or another provider in the partnership; 
"(iii) the results of a needs assessment that the 
entities in the partnership have undertaken to deter-
mine the most critical professional development needs 
of the early childhood educators to be served by the 
partnership and in the broader community, and a 
description of how the proposed project will address 
those needs; 
"(iv) a description of how the proposed project will 
be carried out, including a description of— 
"(I) how individuals will be selected to partici-
pate; 
"(II) the types of professional development 
activities, based on scientifically based research, 
that will be carried out; 
"(III) how research on effective professional 
development and on adult learning will be used 
to design and deliver project activities; 
"(IV) how the project will be coordinated with 
and build on, and will not supplant or duplicate, 
early childhood education professional develop-
ment activities in the high-need community; 
"(V) how the project will train early childhood 
educators to provide developmentally appropriate 
school-readiness services that are based on the 
best available research on early childhood peda-
gogy and child development and learning domains; 
"(VI) how the project will train early childhood 
educators to meet the diverse educational needs 
of children in the community, including children 
who have limited English proficiency, children 
with disabilities, or children with other special 
needs; and 
"(VII) how the project will train early child-
hood educators in identifying and preventing 
behavioral problems in children or working with 
children identified as or suspected to be victims 
of abuse; 
"(v) a description of— 
"(I) the specific objectives that the partnership 
will seek to attain through the project, and the 
methods that the partnership will use to measure 
progress toward attainment of those objectives; 
and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1639 
"(11) how the objectives and the measurement 
methods aHgn with the achievement indicators 
estabhshed by the Secretary under paragraph 
(6)(A); 
"(vi) a description of the partnership's plan for 
continuing the activities carried out under the project 
after Federal funding ceases; 
"(vii) an assurance that, where applicable, the 
project will provide appropriate professional develop-
ment to volunteers working directly with young chil-
dren, as well as to paid staff; and 
"(viii) an assurance that, in developing the applica-
tion and in carrying out the project, the partnership 
has consulted with, and will consult with, relevant 
agencies, early childhood educator organizations, and 
early childhood providers that are not members of the 
partnership. 
"(4) SELECTION OF GRANT RECIPIENTS.— 
"(A) CRITERIA.—^The Secretary shall select partnerships 
to receive grants under this subsection on the basis of 
the degree to which the communities proposed to be served 
require assistance and the quality of the applications sub-
mitted under paragraph (3). 
"(B) GEOGRAPHIC DISTRIBUTION.—In selecting partner-
ships to receive grants under this subsection, the Secretary 
shall seek to ensure that communities in different regions 
of the Nation, as well as both urban and rural communities, 
are served. 
"(5) USES OF FUNDS.— 
"(A) IN GENERAL.—Each partnership receiving a grant 
under this subsection shall use the grant funds to carry 
oat activities that will improve the knowledge and skills 
of early childhood educators who are working in early 
childhood programs that are located in high-need commu-
nities and serve concentrations of children from low-income 
families. 
"(B) 
ALLOWABLE ACTIVITIES.—Such activities may 
include— 
"(i) professional development for early childhood 
educators, particularly to familiarize those educators 
with the application of recent research on child, lan-
guage, and literacy development and on early childhood 
pedagogy; 
"(ii) professional development for early childhood 
educators in working with parents, so that the edu-
cators and parents can work together to provide and 
support developmentally appropriate school-readiness 
services that are based on scientifically based research 
on early childhood pedagogy and child development 
and learning domains; 
"(iii) professional development for early childhood 
educators to work with children who have limited 
English proficiency, children with disabilities, and chil-
dren with other special needs; 
115 STAT. 1640 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(iv) professional development to train early child-
hood educators in identifying and preventing behav-
ioral problems in children or working with children 
identified as or suspected to be victims of abuse; 
"(v) activities that assist and support early child-
hood educators during their first 3 years in the field; 
"(vi) development and implementation of early 
childhood educator professional development programs 
that make use of distance learning and other tech-
nologies; 
"(vii) professional development activities related 
to the selection and use of screening and diagnostic 
assessments to improve teaching and learning; and 
"(viii) data collection, evaluation, and reporting 
needed to meet the requirements of paragraph (6) 
relating to accountability. 
"(6) ACCOUNTABILITY.— 
"(A) ACHIEVEMENT INDICATORS.—On the date on which 
the Secretary first issues a notice soliciting applications 
for grants under this subsection, the Secretary shall 
announce achievement indicators for this subsection, which 
shall be designed— 
"(i) to measure the quality and accessibility of 
the professional development provided; 
"(ii) to measure the impact of that professional 
development on the early childhood education provided 
by the individuals who receive the professional develop-
ment; and 
"(iii) to provide such other measures of program 
impact as the Secretary determines to be appropriate. 
"(B) ANNUAL REPORTS; TERMINATION.— 
"(i) ANNUAL REPORTS.—Each partnership receiving 
a grant under this subsection shall report annually 
to the Secretary on the partnership's progress toward 
attaining the achievement indicators. 
"(ii) TERMINATION.—The Secretary may terminate 
a grant under this subsection at any time if the Sec-
retary determines that the partnership receiving the 
grant is not making satisfactory progress toward 
attaining the achievement indicators. 
"(7) COST-SHARING.— 
"(A) IN GENERAL.—Each partnership carrying out a 
project through a grant awarded under this subsection 
shall provide, from sources other than the program carried 
out under this subsection, which may include Federal 
sources— 
"(i) at least 50 percent of the total cost of the 
project for the grant period; and 
"(ii) at least 20 percent of the project cost for 
each year. 
"(B) ACCEPTABLE CONTRIBUTIONS.—^A partnership may 
meet the requirements of subparagraph (A) by providing 
contributions in cash or in kind, fairly evaluated, including 
plant, equipment, and services. 
"(C) WAIVERS.—The Secretary may waive or modify 
the requirements of subparagraph (A) for partnerships in 
cases of demonstrated financial hardship. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1641 
"(8) FEDERAL COORDINATION.—The Secretary and the Sec-
retary of Health and Human Services shall coordinate activities 
carried out through programs under this subsection with activi-
ties carried out through other early childhood programs 
administered by the Secretary or the Secretary of Health and 
Human Services. 
"(9) DEFINITIONS.—In this subsection: 
"(A) EARLY CHILDHOOD EDUCATOR.—The term 'early 
childhood educator' means a person providing, or employed 
by a provider of, nonresidential 
child care services 
(including center-based, family-based, and in-home child 
care services) that is legally operating under State law, 
and that complies with applicable State and local require-
ments for the provision of child care services to children 
at any age from birth through the age at which a child 
may start kindergarten in that State. 
"(B) HIGH-NEED COMMUNITY.— 
"(i) IN GENERAL.—The term 'high-need community' 
means— 
"(I) a political subdivision of a State, or a 
portion of a political subdivision of a State, in 
which at least 50 percent of the children are from 
low-income families; or 
"(II) a political subdivision of a State that 
is among the 10 percent of political subdivisions 
of the State having the greatest numbers of such 
children. 
"(ii) 
DETERMINATION.—In 
determining 
which 
communities are described in clause (i), the Secretary 
shall use such data as the Secretary determines are 
most accurate and appropriate. 
"(C) 
LOW-INCOME 
FAMILY.—The term 
'low-income 
family' means a family with an income below the poverty 
line for the most recent fiscal year for which satisfactory 
data are available. 
"(f) TEACHER MOBILITY.— 
"(1) ESTABLISHMENT.—The Secretary is authorized to estab-
lish a panel to be known as the National Panel on Teacher 
Mobility (referred to in this subsection as the 'panel'). 
"(2) MEMBERSHIP.—The panel shall be composed of 12 mem-
bers appointed by the Secretary. The Secretary shall appoint 
the members from among practitioners and experts with experi-
ence relating to teacher mobility, such as teachers, members 
of teacher certification or licensing bodies, faculty of institutions 
of higher education that prepare teachers, and State policy-
makers with such experience. 
"(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the panel. Any vacancy in the 
panel shall not affect the powers of the panel, but shall be 
filled in the same manner as the original appointment. 
"(4) DUTIES.— 
"(A) STUDY.— 
"(i) IN GENERAL.—The panel shall study strategies 
for increasing mobility and employment opportunities 
for highly qualified teachers, especially for States with 
teacher shortages and States with school districts or 
schools that are difficult to staff. 
115 STAT. 1642 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) DATA AND ANALYSIS.—AS part of the study, 
the panel shall evaluate the desirability and feasibility 
of State initiatives that support teacher mobility by 
collecting data 
and conducting effective 
analysis 
concerning— 
"(I) teacher supply and demand; 
"(II) the development of recruitment 
and 
hiring strategies that support teachers; and 
"(III) increasing reciprocity of certification and 
licensing across States. 
Deadline. 
"(B) REPORT.—Not later than 1 year after the date 
on which all members of the panel have been appointed, 
the panel shall submit to the Secretary and to the appro-
priate committees of Congress a report containing the 
results of the study. 
"(5) POWERS.— 
"(A) HEARINGS.—The panel may hold such hearings, 
sit and act at such times and places, take such testimony, 
and receive such evidence as the panel considers advisable 
to carry out the objectives of this subsection. 
"(B) 
INFORMATION 
FROM 
FEDERAL 
AGENCIES.—The 
panel may secure directly from any Federal department 
or agency such information as the panel considers nec-
essary to carry out the provisions of this subsection. Upon 
request of a majority of the members of the panel, the 
head of such department or agency shall furnish such 
information to the panel. 
"(C) POSTAL SERVICES.—The panel may use the United 
States mails in the same manner and under the same 
conditions as other departments and agencies of the Fed-
eral Government. 
"(6) PERSONNEL.— 
"(A) TRAVEL EXPENSES.—The members of the panel 
shall not receive compensation for the performance of serv-
ices for the panel, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their 
homes or regular places of business in the performance 
of services for the panel. Notwithstanding section 1342 
of title 31, United States Code, the Secretary may accept 
the voluntary and uncompensated services of members of 
the panel. 
"(B) DETAIL OF GOVERNMENT EMPLOYEES.—^Any Federal 
Government employee may be detailed to the panel without 
reimbursement, and such detail shall be without interrup-
tion or loss of civil service status or privilege. 
"(7) PERMANENT COMMITTEE.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to 
the panel. 
"PART B—MATHEMATICS AND SCIENCE 
PARTNERSHIPS 
20 use 6661. 
"SEC. 2201. PURPOSE; DEFINITIONS. 
"(a) PURPOSE.—The purpose of this part is to improve the 
academic achievement of students in the areas of mathematics 
-s^%%; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1643 
and science by encouraging State educational agencies, institutions 
of higher education, local educational agencies, elementary schools, 
and secondary schools to participate in programs that— 
"(1) improve and upgrade the status and stature of mathe-
matics and science teaching by encouraging institutions of 
higher education to assume greater responsibility for improving 
mathematics 
and science teacher education through the 
establishment 
of a comprehensive, integrated 
system of 
recruiting, training, and advising mathematics and science 
teachers; 
"(2) focus on the education of mathematics and science 
teachers as a career-long process that continuously stimulates 
teachers' intellectual growth and upgrades teachers' knowledge 
and skills; 
"(3) bring mathematics and science teachers in elementary 
schools and secondary schools together with scientists, mathe-
maticians, and engineers to increase the subject matter knowl-
edge of mathematics and science teachers and improve such 
teachers' teaching skills through the use of sophisticated labora-
tory equipment and work space, computing facilities, libraries, 
and other resources that institutions of higher education are 
better able to provide than the elementary schools and sec-
ondary schools; 
"(4) develop more rigorous mathematics and science cur-
ricula that are aligned with challenging State and local aca-
demic content standards and with the standards expected for 
postsecondary study in engineering, mathematics, and science; 
and 
"(5) improve and expand training of mathematics and 
science teachers, including training such teachers in the effec-
tive integration of technology into curricula and instruction. 
"(b) DEFiNiTiONS.^In this part: 
"(1) ELIGIBLE PARTNERSHIP.—The term 'eligible partnership' 
means a partnership that— 
"(A) shall include— 
"(i) if grants are awarded under section 2202(a)(1), 
a State educational agency; 
"(ii) an engineering, mathematics, or science 
department of an institution of higher education; and 
"(iii) a high-need local educational agency; and 
*'(B) may include— 
"(i) another engineering, mathematics, science, or 
teacher training department of an institution of higher 
education; 
"(ii) additional local educational agencies, public 
charter schools, public or private elementary schools 
or secondary schools, or a consortium of such schools; 
"(iii) a business; or 
"(iv) a nonprofit or for-profit organization of dem-
onstrated effectiveness in improving the quality of 
mathematics and science teachers. 
"(2) SUMMER WORKSHOP OR INSTITUTE.—The term 'summer 
workshop or institute' means a workshop or institute, conducted 
during the summer, that— 
"(A) is conducted for a period of not less than 2 weeks; 
"(B) includes, as a component, a program that provides 
direct interaction between students and faculty; and 
115 STAT. 1644 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(C) provides for followup training during the academic 
year that is conducted in the classroom for a period of 
not less than three consecutive or nonconsecutive days, 
except that— 
"(i) if the workshop or institute is conducted during 
a 2-week period, the followup training shall be con-
ducted for a period of not less than 4 days; and 
"(ii) if the followup training is for teachers in rural 
school districts, the followup training may be conducted 
through distance learning. 
20 use 6662. 
"SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS. 
"(a) GRANTS AUTHORIZED.— 
"(1) GRANTS TO PARTNERSHIPS.—For any fiscal year for 
which the funds appropriated under section 2203 are less than 
$100,000,000, the Secretary is authorized to award grants, on 
a competitive basis, to eligible partnerships to carry out the 
authorized activities described in subsection (c). 
"(2) GRANTS TO STATE EDUCATIONAL AGENCIES.— 
"(A) IN GENERAL.—For any fiscal year for which the 
funds appropriated under section 2203 equal or exceed 
$100,000,000— 
"(i) if an eligible partnership in the State was 
previously awarded a grant under paragraph (1), and 
the grant period has not ended, the Secretary shall 
reserve funds in a sufficient amount to make payments 
to the partnership in accordance with the terms of 
the grant; and 
"(ii) the Secretary is authorized to award grants 
to State educational agencies to enable such agencies 
to award subgrants, on a competitive basis, to eligible 
partnerships to carry out the authorized activities 
described in subsection (c). 
"(B) ALLOTMENT.—The Secretary shall allot the amount 
made available under this part for a fiscal year and not 
reserved under subparagraph (A)(i) among the State edu-
cational agencies in proportion to the number of children, 
aged 5 to 17, who are from families with incomes below 
the poverty line and reside in a State for the most recent 
fiscal year for which satisfactory data are available, as 
compared to the number of such children who reside in 
all such States for such year. 
"(C) MINIMUM ALLOTMENT.—The amount of any State 
: 
educational agency's allotment under subparagraph (B) for 
any fiscal year may not be less than one-half of 1 percent 
of the amount made available under this part for such 
year. 
"(3) DURATION.—The Secretary shall award grants under 
this part for a period of 3 years. 
"(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under 
this part shall be used to supplement, and not supplant, funds 
that would otherwise be used for activities authorized under 
this part. 
"(b) APPLICATION REQUIREMENTS.— 
"(1) IN GENERAL.—Each eligible partnership desiring a 
grant or subgrant under this part shall submit an application— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1645 
"(A) in the case of grants awarded pursuant to sub-
section (a)(1), to the Secretary, at such time, in such 
manner, and accompanied by such information as the Sec-
retary may require; or 
"(B) in the case of subgrants awarded pursuant to 
subsection (a)(2), to the State educational agency, at such 
time, in such manner, and accompanied by such informa-
tion as the State educational agency may require. 
"(2) CONTENTS.—Each application submitted pursuant to 
paragraph (1) shall include— 
"(A) the results of a comprehensive assessment of the 
teacher quality and professional development needs of any 
schools, local educational agencies, and State educational 
agencies that comprise the eligible partnership with respect 
to the teaching and learning of mathematics and science; 
"(B) a description of how the activities to be carried 
out by the eligible partnership will be aligned with chal-
lenging State academic content and student academic 
achievement standards in mathematics and science and 
with other educational reform activities that promote stu-
dent academic achievement in mathematics and science; 
"(C) a description of how the activities to be carried 
out by the eligible partnership will be based on a review 
of scientifically based research, and an explanation of how 
the activities are expected to improve student academic 
achievement and strengthen the quality of mathematics 
and science instruction; 
"(D) a description of— 
"(i) how the eligible partnership will carry out 
the authorized activities described in subsection (c); 
and 
"(ii) the eligible partnership's evaluation and 
accountability plan described in subsection (e); and 
"(E) a description of how the eligible partnership will 
continue the activities funded under this part after the 
original grant or subgrant period has expired. 
"(c) AUTHORIZED ACTIVITIES.—^An eligible partnership shall use 
funds provided under this part for one or more of the following 
activities related to elementary schools or secondary schools: 
"(1) Creating opportunities for enhanced and ongoing 
professional development of mathematics and science teachers 
that improves the subject matter knowledge of such teachers. 
"(2) Promoting strong teaching skills for mathematics and 
science teachers and teacher educators, including integrating 
reliable scientifically based research teaching methods and tech-
nology-based teaching methods into the curriculum. 
"(3) Establishing and operating mathematics and science 
summer workshops or institutes, including followup training, 
for elementary school and secondary school mathematics and 
science teachers that— 
"(A) shall— 
"(i) directly relate to the curriculum and academic 
areas in which the teacher provides instruction, and 
focus only secondarily on pedagogy; 
"(ii) enhance the ability of the teacher to under-
stand and use the challenging State academic content 
115 STAT. 1646 
PUBLIC LAW 107-110—JAN. 8, 2002 
standards for mathematics and science and to select 
appropriate curricula; and 
"(iii) train teachers to use curricula that are— 
"(I) based on scientific research; 
"(11) aligned with challenging State academic 
content standards; and 
"(III) 
object-centered, 
experiment-oriented, 
and concept- and content-based; and 
"(B) may include— 
"(i) programs that provide teachers and prospective 
teachers with opportunities to work under the guidance 
of experienced teachers and college faculty; 
"(ii) instruction in the use of data and assessments 
to inform and instruct classroom practice; and 
"(iii) professional development activities, including 
supplemental and followup activities, such as cur-
riculum alignment, distance learning, and activities 
that train teachers to utilize technology in the class-
room. 
"(4) Recruiting mathematics, engineering, and science 
majors to teaching through the use of— 
"(A) signing and performance incentives that are linked 
to activities proven effective in retaining teachers, for 
individuals with demonstrated professional experience in 
mathematics, engineering, or science; 
"(B) stipends provided to mathematics and science 
teachers for certification through alternative routes; 
"(C) scholarships for teachers to pursue advanced 
course work in mathematics, engineering, or science; and 
"(D) other programs that the State educational agency 
determines to be effective in recruiting and retaining 
individuals with strong mathematics, engineering, or 
science backgrounds. 
"(5) Developing or redesigning more rigorous mathematics 
and science curricula that are aligned with challenging State 
and local academic content standards and with the standards 
expected for postsecondary study in mathematics and science. 
"(6} Establishing distance learning programs for mathe-
matics and science teachers using curricula that are innovative, 
content-based, and based on scientifically based research that 
is current as of the date of the program involved. 
"(7) Designing programs to prepare a mathematics or 
science teacher at a school to provide professional development 
to other mathematics or science teachers at the school and 
to assist beginning and other teachers at the school, including 
(if applicable) a mechanism to integrate the teacher's experi-
ences from a summer workshop or institute into the provision 
of professional development and assistance. 
"(8) Establishing and operating programs to bring mathe-
matics and science teachers into contact with working sci-
entists, mathematicians, and engineers, to expand 
such 
teachers' subject matter knowledge of and research in science 
and mathematics. 
"(9) Designing programs to identify and develop exemplary 
mathematics and science teachers in the kindergarten through 
grade 8 classrooms. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1647 
"(10) Training mathematics and science teachers and devel-
oping programs to encourage young women and other underrep-
resented individuals in mathematics and science careers 
(including engineering and technology) to pursue postsecondary 
degrees in majors leading to such careers. 
"(d) COORDINATION AND CONSULTATION.— 
"(1) 
PARTNERSHIP 
GRANTS.—^An 
eligible 
partnership 
receiving a grant under section 203 of the Higher Education 
Act of 1965 shall coordinate the use of such funds with any 
related activities carried out by such partnership with funds 
made available under this part. 
"(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the 
activities authorized by this part, the Secretary shall consult 
and coordinate with the Director of the National Science 
Foundation, particularly with respect to the appropriate roles 
for the Department and the Foundation in the conduct of 
summer workshops, institutes, or partnerships to improve 
mathematics and science teaching in elementary schools and 
secondary schools. 
"(e) EVALUATION AND ACCOUNTABILITY PLAN.— 
"(1) IN GENERAL.—Each eligible partnership receiving a 
grant or subgrant under this part shall develop an evaluation 
and accountability plan for activities assisted under this part 
that includes rigorous objectives that measure the impact of 
activities funded under this part. 
"(2) CONTENTS.—The plan developed pursuant to paragraph 
(1)— 
"(A) shall include measurable objectives to increase 
the number of mathematics and science teachers who 
participate in content-based professional 
development 
activities; 
"(B) shall include measurable objectives for improved 
student academic achievement on State mathematics and 
science assessments or, where applicable, an International 
Mathematics and Science Study assessment; and 
"(C) may include objectives and measures for— 
"(i) increased participation by students in advanced 
courses in mathematics and science; 
"(ii) increased percentages of elementary school 
teachers with academic majors or minors, or group 
majors or minors, in mathematics, engineering, or the 
sciences; and 
"(iii) increased percentages of secondary school 
classes in mathematics and science taught by teachers 
with academic majors in mathematics, engineering, 
and science. 
"(f) REPORT.—Each eligible partnership receiving a grant or 
subgrant under this part shall report annually to the Secretary 
regarding the eligible partnership's progress in meeting the objec-
tives described in the accountability plan of the partnership under 
subsection (e). 
«SEC. 2203. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 6663. 
"There are authorized to be appropriated to carry out this 
part $450,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of the 5 succeeding fiscal years. 
115 STAT. 1648 
PUBLIC LAW 107-110-^AN. 8, 2002 
"PART C—INNOVATION FOR TEACHER 
QUALITY 
"Subpart 1—Transitions to Teaching 
"CHAPTER A—TROOPS-TO-TEACHERS PROGRAM 
20 use 6671. 
"SEC. 2301. DEFINITIONS. 
"In this chapter: 
"(1) ARMED FORCES.—The term 'Armed Forces' means the 
Army, Navy, Air Force, Marine Corps, and Coast Guard. 
"(2) MEMBER OF THE ARMED FORCES.—The term 'member 
of the Armed Forces' includes a former member of the Armed 
Forces. 
"(3) PROGRAM.—The term 'Program' means the Troops-to-
Teachers Program authorized by this chapter. 
"(4) RESERVE COMPONENT.—^The term 'reserve component' 
means— 
"(A) the Army National Guard of the United States; 
"(B) the Army Reserve; 
"(C) the Naval Reserve; 
"(D) the Marine Corps Reserve; 
"(E) the Air National Guard of the United States; 
"(F) the Air Force Reserve; and 
"(G) the Coast Guard Reserve. 
"(5) SECRETARY CONCERNED.—The term 'Secretary con-
cerned' means— 
"(A) the Secretary of the Army, with respect to matters 
concerning a reserve component of the Army; 
"(B) the Secretary of the Navy, with respect to matters 
concerning reserve components named in subparagraphs 
(C) and (D) of paragraph (4); 
"(C) the Secretary of the Air Force, with respect to 
matters concerning a reserve component of the Air Force; 
and 
"(D) the Secretary of Transportation, with respect to 
matters concerning the Coast Guard Reserve. 
20 use 6672. 
"SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM. 
"(a) PURPOSE.—The purpose of this section is to authorize a 
mechanism for the funding and administration of the Troops-to-
Teachers Program, which was originally established by the Troops-
to-Teachers Program Act of 1999 (title XVII of the National Defense 
Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.). 
"(b) PROGRAM AUTHORIZED.—The Secretary may carry out a 
program (to be known as the 'Troops-to-Teachers Program')— 
"(1) to assist eligible members of the Armed Forces 
described in section 2303 to obtain certification or licensing 
as elementary school teachers, secondary school teachers, or 
vocational or technical teachers, and to become highly qualified 
teachers; and 
"(2) to facilitate the employment of such members— 
"(A) by local educational agencies or public charter 
schools that the Secretary identifies as— 
"(i) receiving grants under part A of title I as 
a result of having within their jurisdictions concentra-
tions of children from low-income families; or 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1649 
"(ii) experiencing a shortage of highly quahfied 
teachers, in particular a shortage of science, mathe-
matics, special education, or vocational or technical 
teachers; and 
"(B) in elementary schools or secondary schools, or 
as vocational or technical teachers. 
"(c) ADMINISTRATION OF PROGRAM.—The Secretary shall enter Memorandum. 
into a memorandum of agreement with the Secretary of Defense 
under which the Secretary of Defense, acting through the Defense 
Activity for Non-Traditional Education Support of the Department 
of Defense, will perform the actual administration of the Program, 
other than section 2306. Using funds appropriated to the Secretary 
to carry out this chapter, the Secretary shall transfer to the Sec-
retary of Defense such amounts as may be necessary to administer 
the Program pursuant to the memorandum of agreement. 
"(d) INFORMATION REGARDING PROGRAM.—The Secretary shall 
provide to the Secretary of Defense information regarding the Pro-
gram and applications to participate in the Program, for distribution 
as part of preseparation counseling provided under section 1142 
of title 10, United States Code, to members of the Armed Forces 
described in section 2303. 
"(e) 
PLACEMENT ASSISTANCE AND REFERRAL SERVICES.—The 
Secretary may, with the agreement of the Secretary of Defense, 
provide placement assistance and referral services to members of 
the Armed Forces who meet the criteria described in section 2303, 
including meeting education qualification requirements under sub-
section 2303(c)(2). Such members shall not be eligible for financial 
assistance under subsections (c) and (d) of section 2304. 
"SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICI- 
20 USC 6673. 
PANTS. 
"(a) ELIGIBLE MEMBERS.—The following members of the Armed 
Forces are eligible for selection to participate in the Program: 
"(1) Any member who— 
"(A) on or after October 1, 1999, becomes entitled to 
retired or retainer pay in the manner provided in title 
10 or title 14, United States Code; 
"(B) has an approved date of retirement that is within 
1 year after the date on which the member submits an 
application to participate in the Program; or 
"(C) has been transferred to the Retired Reserve. 
"(2) Any member who, on or after the date of enactment 
of the No Child Left Behind Act of 2001— 
"(A)(i) is separated or released from active duty after 
6 or more years of continuous active duty immediately 
before the separation or release; or 
"(ii) has completed a total of at least 10 years of active 
duty service, 10 years of service computed under section 
12732 of title 10, United States Code, or 10 years of any 
combination of such service; and 
"(B) executes a reserve commitment agreement for a 
period of not less than 3 years under subsection (e)(2). 
"(3) Any member who, on or after the date of enactment 
of the No Child Left Behind Act of 2001, is retired or separated 
for physical disability under chapter 61 of title 10, United 
States Code. 
"(4) Any member who— 
115 STAT. 1650 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) during the period beginning on October 1, 1990, 
and ending on September 30, 1999, was involuntarily dis-
charged or released from active duty for purposes of a 
reduction of force after 6 or more years of continuous 
active duty immediately before the discharge or release; 
or 
"(B) applied for the teacher placement 
program 
administered under section 1151 of title 10, United States 
Code, before the repeal of that section, and satisfied the 
eligibility criteria specified in subsection (c) of such section 
1151. 
"(b) SUBMISSION OF APPLICATIONS.— 
"(1) FORM AND SUBMISSION.—Selection of eligible members 
of the Armed Forces to participate in the Program shall be 
made on the basis of applications submitted to the Secretary 
within the time periods specified in paragraph (2). An applica-
tion shall be in such form and contain such information as 
the Secretary may require. 
"(2) TIME FOR SUBMiSSiON.^An application shall be consid-
ered to be submitted on a timely basis under paragraph (1) 
if— 
"(A) in the case of a member described in paragraph 
(1)(A), (2), or (3) of subsection (a), the application is sub-
mitted not later than 4 years after the date on which 
the member is retired or separated or released from active 
duty, whichever applies to the member; or 
"(B) in the case of a member described in subsection 
(a)(4), the application is submitted not later than Sep-
tember 30, 2003. 
"(c) SELECTION CRITERIA.— 
"(1) ESTABLISHMENT.—Subject to paragraphs (2) and (3), 
the Secretary shall prescribe the criteria to be used to select 
eligible members of the Armed Forces to participate in the 
Program. 
"(2) EDUCATIONAL BACKGROUND.— 
"(A) ELEMENTARY OR SECONDARY SCHOOL TEACHER.— 
If a member of the Armed Forces described in paragraph 
(1), (2), or (3) of subsection (a) is applying for assistance 
for placement as an elementary school or secondary school 
teacher, the Secretary shall require the member to have 
received a baccalaureate or advanced degree from an 
accredited institution of higher education. 
"(B) 
VOCATIONAL OR TECHNICAL 
TEACHER.—If 
a 
member of the Armed Forces described in paragraph (1), 
(2), or (3) of subsection (a) is applying for assistance for 
placement as a vocational or technical teacher, the Sec-
retary shall require the member— 
ave received the equivalent of 1 year of college 
from an accredited institution of higher education and 
have 6 or more years of military experience in a voca-
tional or technical field; or 
"(ii) to otherwise meet the certification or licensing 
requirements for a vocational or technical teacher in 
the State in which the member seeks assistance for 
placement under the Program. 
"(3) HONORABLE SERVICE.—^A member of the Armed Forces 
is eligible to participate in the Program only if the member's 
,a!^«wrl-
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1651 
last period of service in the Armed Forces was honorable, 
as characterized by the Secretary concerned (as defined in 
section 101(a)(9) of title 10, United States Code). A member 
selected to participate in the Program before the retirement 
of the member or the separation or release of the member 
from active duty may continue to participate in the Program 
after the retirement, separation, or release only if the member's 
last period of service is characterized as honorable by the 
Secretary concerned (as so defined). 
"(d) SELECTION PRIORITIES.—In selecting eligible members of 
the Armed Forces to receive assistance under the Program, the 
Secretary shall give priority to members who have educational 
or military experience in science, mathematics, special education, 
or vocational or technical subjects and agree to seek employment 
as science, mathematics, or special education teachers in elementary 
schools or secondary schools or in other schools under the jurisdic-
tion of a local educational agency. 
"(e) OTHER CONDITIONS ON SELECTION.— 
"(1) SELECTION SUBJECT TO FUNDING.—The Secretary may 
not select an eligible member of the Armed Forces to participate 
in the Program under this section and receive financial assist-
ance under section 2304 unless the Secretary has sufficient 
appropriations for the Program available at the time of the 
selection to satisfy the obligations to be incurred by the United 
States under section 2304 with respect to the member. 
"(2) RESERVE COMMITMENT AGREEMENT.—^The Secretary 
may not select an eligible member of the Armed Forces 
described in subsection (a)(2)(A) to participate in the Program 
under this section and receive financial assistance under section 
2304 unless— 
"(A) the Secretary notifies the Secretary concerned and 
the member that the Secretary has reserved a full stipend 
or bonus under section 2304 for the member; and 
"(B) the member executes a written agreement with 
the Secretary concerned to serve as a member of the 
Selected Reserve of a reserve component of the Armed 
Forces for a period of not less than 3 years (in addition 
to any other reserve commitment the member may have). 
"SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE. 20 USC 6674. 
"(a) PARTICIPATION AGREEMENT.— 
"(1) IN GENERAL.—^An eligible member of the Armed Forces 
selected to participate in the Program under section 2303 and 
receive financial assistance under this section shall be required 
to enter into an agreement with the Secretary in which the 
member agrees— 
"(A) within such time as the Secretary may require, 
to obtain certification or licensing as an elementary school 
teacher, secondary school teacher, or vocational or technical 
teacher, and to become a highly qualified teacher; 2ind 
"(B) to accept an offer of full-time employment as sin 
elementary school teacher, secondary school teacher, or 
vocational or technical teacher for not less than 3 school 
years with a high-need local educational agency or public 
charter school, as such terms are defined in section 2101, 
to begin the school year after obtaining that certification 
or licensing. 
115 STAT. 1652 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) WAIVER.—The Secretary may waive the 3-year commit-
ment described in paragraph (1)(B) for a participant if the 
Secretary determines such waiver to be appropriate. If the 
Secretary provides the waiver, the participant shall not be 
considered to be in violation of the agreement and shall not 
be required to provide reimbursement under subsection (f), 
for failure to meet the 3-year commitment. 
"(b) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS.— 
A participant in the Program shall not be considered to be in 
violation of the participation agreement entered into under sub-
section (a) during any period in which the participant— 
"(1) is pursuing a full-time course of study related to the 
field of teaching at an institution of higher education; 
"(2) is serving on active duty as a member of the Armed 
Forces; 
"(3) is temporarily totally disabled for a period of time 
not to exceed 3 years as established by sworn affidavit of 
a qualified physician; 
"(4) is unable to secure employment for a period not to 
exceed 12 months by reason of the care required by a spouse 
who is disabled; 
"(5) is a highly qualified teacher who is seeking and unable 
to find full-time employment as a teacher in an elementary 
school or secondary school or as a vocational or technical teacher 
for a single period not to exceed 27 months; or 
"(6) satisfies the provisions of additional reimbursement 
exceptions that may be prescribed by the Secretary. 
"(c) STIPEND FOR PARTICIPANTS.— 
"(1) STIPEND AUTHORIZED.—Subject to paragraph (2), 
the 
Secretary may pay to a participant in the Program selected 
under section 2303 a stipend in an amount of not more than 
$5,000. 
"(2) LIMITATION.—The total number of stipends that may 
be paid under paragraph (1) in any fiscal year may not exceed 
5,000. 
"(d) BONUS FOR PARTICIPANTS.— 
"(1) BOJWS AUTHORIZED.—Subject to paragraph (2), the 
Secretary may, in lieu of paying a stipend under subsection 
(c), pay a bonus of $10,000 to a participant in the Program 
selected under section 2303 who agrees in the participation 
agreement under subsection (a) to become a highly qualified 
teacher and to accept full-time employment as an elementary 
school teacher, secondary school teacher, or vocational or tech-
nical teacher for not less than 3 school years in a high-need 
school. 
"(2) LIMITATION.—The total number of bonuses that may 
be paid under paragraph (1) in any fiscal year may not exceed 
3,000. 
"(3) HIGH-NEED SCHOOL DEFINED.—In this subsection, the 
term 'high-need school' means a public elementary school, public 
secondary school, or public charter school that meets one or 
more of the following criteria: 
"(A) LOW-INCOME CHILDREN.—^At least 50 percent of 
the students enrolled in the school were from low-income 
families (as described in section 2302(b)(2)(A)(i)). 
"(B) CHILDREN WITH DISABILITIES.—The school has a 
large percentage of students who qualify for assistance 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1653 
under part B of the Individuals with DisabiUties Education 
Act. 
"(e) TREATMENT OF STIPEND AND BONUS.—^A stipend or bonus 
paid under this section to a participant in the Program shall be 
taken into account in determining the eligibility of the participant 
for Federal student financial assistance provided under title IV 
of the Higher Education Act of 1965. 
"(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.— 
"(1) REIMBURSEMENT REQUIRED.—^A participant in the Pro-
gram who is paid a stipend or bonus under this section shall 
be required to repay the stipend or bonus under the following 
circumstances: 
"(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOY-
MENT.—The participant fails to obtain teacher certification 
or licensing, to become a highly qualified teacher, or to 
obtain emplojnnent as an elementary school teacher, sec-
ondary school teacher, or vocational or technical teacher 
as required by the participation agreement under sub-
section (a). 
"(B) TERMINATION OF EMPLOYMENT.—The participant 
voluntarily leaves, or is terminated for cause from, employ-
ment as an elementary school teacher, secondary school 
teacher, or vocational or technical teacher during the 3 
years of required service in violation of the participation 
agreement. 
"(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE 
COMMITMENT AGREEMENT.—The participant executed a 
written agreement with the Secretary concerned under sec-
tion 2303(e)(2) to serve as a member of a reserve component 
of the Armed Forces for a period of 3 years and fails 
to complete the required term of service. 
"(2) AMOUNT OF REIMBURSEMENT.—^A participant required 
to reimburse the Secretary for a stipend or bonus paid to 
the participant under this section shall pay an amount that 
bears the same ratio to the amount of the stipend or bonus 
as the unserved portion of required service bears to the 3 
years of required service. Any amount owed by the participant 
shall bear interest at the rate equal to the highest rate being 
paid by the United States on the day on which the reimburse-
ment is determined to be due for securities having maturities 
of 90 days or less and shall accrue from the day on which 
the participant is first notified of the amount due. 
"(3) 
TREATMENT 
OF OBLIGATION.—The 
obligation to 
reimburse the Secretary under this subsection is, for all pur-
poses, a debt owing the United States. A discharge in bank-
ruptcy under title 11, United States Code, shall not release 
a participant from the obligation to reimburse the Secretary 
under this subsection. 
"(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—^A 
participant shall be excused from reimbursement under this 
subsection if the participant becomes permanently totally dis-
abled as established by sworn affidavit of a qualified physician. 
The Secretary may also waive the reimbursement in cases 
of extreme hardship to the participant, as determined by the 
Secretary. 
"(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT-
GOMERY GI BILL.—The receipt by a participant in the Program 
115 STAT. 1654 
PUBLIC LAW 107-110-JAN. 8, 2002 
of a stipend or bonus under this section shall not reduce or other-
wise affect the entitlement of the participant to any benefits under 
chapter 30 of title 38, United States Code, or chapter 1606 of 
title 10, United States Code. 
20 use 6675. 
"SEC. 2305. PARTICIPATION BY STATES. 
"(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF 
STATES.—The Secretary may permit States participating in the 
Program to carry out activities authorized for such States under 
the Program through one or more consortia of such States. 
"(b) ASSISTANCE TO STATES.— 
"(1) GRANTS AUTHORIZED.—Subject to paragraph (2), 
the 
Secretary may make grants to States participating in the Pro-
gram, or to consortia of such States, in order to permit such 
States or consortia of States to operate offices for purposes 
of recruiting eligible members of the Armed Forces for participa-
tion in the Program and facilitating the employment of partici-
pants in the Program as elementary school teachers, secondary 
school teachers, and vocational or technical teachers. 
"(2) LIMITATION.—The total amount of grants made under 
paragraph (1) in any fiscal year may not exceed $5,000,000. 
20 use 6676. 
"SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CER-
TIFICATION PROGRAMS. 
"(a) PURPOSE.—The purpose of this section is to provide funding 
to develop, implement, and demonstrate teacher certification pro-
grams. 
"(b) DEVELOPMENT, IMPLEMENTATION AND DEMONSTRATION.— 
The Secretary may enter into a memorandum of agreement with 
a State educational agency, an institution of higher education, 
or a consortia of State educational agencies or institutions of higher 
education, to develop, implement, and demonstrate teacher certifi-
cation programs for members of the Armed Forces described in 
section 2303(a)(1)(B) for the purpose of assisting such members 
to consider and prepare for a career as a highly qualified elementary 
school teacher, secondary school teacher, or vocational or technical 
teacher upon retirement from the Armed Forces. 
"(c) PROGRAM ELEMENTS.—A teacher certification program 
under subsection (b) shall— 
"(1) provide recognition of military experience and training 
as related to certification or licensing requirements; 
"(2) provide courses of instruction that may be conducted 
on or near a military installation; 
"(3) incorporate alternative approaches to achieve teacher 
certification, such as innovative methods to gaining field-based 
teaching experiences, and assessment of background and experi-
ence as related to skills, knowledge, and abilities required 
of elementary school teachers, secondary school teachers, or 
vocational or technical teachers; 
"(4) provide for courses to be delivered via distance edu-
cation methods; and 
"(5) address any additional requirements or specifications 
established by the Secretary. 
"(d) APPLICATION PROCEDURES.— 
"(1) IN GENERAL.—^A State educational agency or institution 
of higher education (or a consortium of State educational agen-
cies or institutions of higher education) that desires to enter 
into a memorandum under subsection (b) shall prepare and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1655 
submit to the Secretary a proposal, at such time, in such 
manner, and containing such information as the Secretary may 
require, including an assurance that the State educational 
agency, institution, or consortium is operating a program 
leading to State approved teacher certification. 
"(2) PREFERENCE.—The Secretary shall give preference to 
State educational agencies, institutions, and consortia that 
submit proposals that provide for cost sharing with respect 
to the program involved. 
"(e) CONTINUATION OF PROGRAMS.—^Upon successful completion 
of the demonstration phase of teacher certification programs funded 
under this section, the continued operation of the teacher certifi-
cation programs shall not be the responsibility of the Secretary. 
A State educational agency, institution, or consortium that desires 
to continue a program that is funded under this section after 
such funding is terminated shall use amounts derived from tuition 
charges to continue such program. 
"(f) FUNDING LIMITATION.—The total amount obligated by the 
Secretary under this section for any fiscal year may not exceed 
$10,000,000. 
"SEC. 2307. REPORTING REQUIREMENTS. 
20 USC 6677. 
"(a) REPORT REQUIRED.—Not later than March 31, 2006, the Deadline. 
Secretary (in consultation with the Secretary of Defense and the 
Secretary of Transportation) and the Comptroller General of the 
United States shall submit to Congress a report on the effectiveness 
of the Program in the recruitment and retention of qualified per-
sonnel by local educational agencies and public charter schools. 
"(b) ELEMENTS OF REPORT.—The report submitted under sub-
section (a) shall include information on the following: 
"(1) The number of participants in the Program. 
"(2) The schools in which the participants are employed. 
"(3) The grade levels at which the participants teach. 
"(4) The academic subjects taught by the participants. 
"(5) The rates of retention of the participants by the local 
educational agencies and public charter schools employing the 
participants. 
"(6) Such other matters as the Secretary or the Comptroller 
General of the United States, as the case may be, considers 
to be appropriate. 
"CHAPTER B—TRANSITION TO TEACHING PROGRAM 
"SEC. 2311. PURPOSES. 
20 USC 6681. 
"The purposes of this chapter are— 
"(1) to establish a program to recruit and retain highly 
qualified mid-career professionals (including highly qualified 
paraprofessionals), and recent graduates of an institution of 
higher education, as teachers in high-need schools, including 
recruiting teachers through alternative routes to certification; 
and 
"(2) to encourage the development and expansion of alter-
native routes to certification under State-approved programs 
that enable individuals to be eligible for teacher certification 
within a reduced period of time, relying on the experience, 
expertise, and academic qualifications of an individual, or other 
115 STAT. 1656 
PUBLIC LAW 107-110-^AN. 8, 2002 
factors in lieu of traditional course work in the field of edu-
cation. 
20 use 6682. 
"SEC. 2312. DEFINITIONS. 
"In this chapter: 
"(1) ELIGIBLE PARTICIPANT.—The term 'eligible participant' 
means— 
"(A) an individual with substantial, demonstrable 
career experience, including a highly qualified paraprofes-
sional; or 
"(B) an individual who is a graduate of an institution 
of higher education who— 
"(i) has graduated not more than 3 years before 
applying to an eligible entity to teach under this 
chapter; and 
"(ii) in the case of an individual wishing to teach 
in a secondary school, has completed an academic 
major (or courses totaling an equivalent number of 
credit hours) in the academic subject that the indi-
vidual will teach. 
"(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
'high-need local educational agency' has the meaning given 
the term in section 2102. 
"(3) HIGH-NEED 
SCHOOL.—The term 'high-need school' 
means a school that— 
"(A) is located in an area in which the percentage 
of students from families with incomes below the poverty 
line is 30 percent or more; or 
"(B)(i) is located in an area with a high percentage 
of out-of-field teachers, as defined in section 2102; 
"(ii) is within the top quartile of elementary schools 
and secondary schools statewide, as ranked by the number 
of unfilled, available teacher positions at the schools; 
"(iii) is located in an area in which there is a high 
teacher turnover rate; or 
"(iv) is located in an area in which there is a high 
percentage of teachers who are not certified or licensed. 
20 use 6683. 
«SEC. 2313. GRANT PROGRAM. 
"(a) IN GENERAL.—The Secretary may establish a program to 
make grants on a competitive basis to eligible entities to develop 
State and local teacher corps or other programs to establish, expand, 
or enhance teacher recruitment and retention efforts. 
"(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under 
this section, an entity shall be— 
"(1) a State educational agency; 
"(2) a high-need local educational agency; 
"(3) a for-profit or nonprofit organization that has a proven 
record of effectively recruiting and retaining highly qualified 
teachers, in a partnership with a high-need local educational 
agency or with a State educational agency; 
"(4) an institution of higher education, in a partnership 
with a high-need local educational agency or with a State 
educational agency; 
"(5) a regional consortium of State educational agencies; 
or 
"(6) a consortium of high-need local educational agencies. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1657 
"(c) PRIORITY.—In making such a grant, the Secretary shall 
give priority to a partnership or consortium that includes a high-
need State educational agency or local educational agency. 
"(d) APPLICATION.— 
"(1) IN GENERAL.—To be eligible to receive a grant under 
this section, an entity described in subsection (b) shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require. 
"(2) CONTENTS.—The application shall describe— 
"(A) one or more target recruitment groups on which 
the applicant will focus its recruitment efforts; 
"(B) the characteristics of each such target group that— 
"(i) show the knowledge and experience of the 
group's members; and 
"(ii) demonstrate that the members are eligible 
to achieve the objectives of this section; 
"(C) describe how the applicant will use funds received 
under this section to develop a teacher corps or other 
program to recruit and retain highly qualified midcareer 
professionals (which may include highly qualified para-
professionals), recent college graduates, and recent grad-
uate school graduates, as highly qualified teachers in high-
need schools operated by high-need local educational agen-
cies; 
"(D) explain how the program carried out under the 
grant will meet the relevant State laws (including regula-
tions) related to teacher certification or licensing and facili-
tate the certification or licensing of such teachers; 
"(E) describe how the grant will increase the number 
of highly qualified teachers, in high-need schools operated 
by high-need local educational agencies (in urban or rural 
school districts), and in high-need academic subjects, in 
the jurisdiction served by the applicant; and 
"(F) describe how the applicant will collaborate, as 
needed, with other institutions, agencies, or organizations 
to recruit (particularly through activities that have proven 
effective in retaining highly qualified teachers), train, place, 
support, and provide teacher induction programs to pro-
gram participants under this chapter, including providing 
evidence of the commitment of the institutions, agencies, 
or organizations to the applicant's programs. 
"(e) DURATION OF GRANTS.—The Secretary may make grants 
under this section for periods of 5 years. At the end of the 5-
year period for such a grant, the grant recipient may apply for 
an additional grant under this section. 
"(f) EQUITABLE DISTRIBUTION.—TO the extent practicable, the 
Secretary shall ensure an equitable geographic distribution of 
grants under this section among the regions of the United States. 
"(g) USES OF FUNDS.— 
"(1) IN GENERAL.—^An entity that receives a grant under 
this section shall use the funds made available through the 
grant to develop a teacher corps or other program in order 
to establish, expand, or enhance a teacher recruitment and 
retention program for highly qualified mid-career professionals 
(including highly qualified paraprofessionals), and recent grad-
uates of an institution of higher education, who are eligible 
89-194 0 -03- 22 QL3 Part 2 
115 STAT. 1658 
PUBLIC LAW 107-110-JAN. 8, 2002 
participants, including activities that provide alternative routes 
to teacher certification. 
"(2) AUTHORIZED ACTIVITIES.—The entity shall use the 
funds to carry out a program that includes two or more of 
the following activities: 
"(A) Providing scholarships, stipends, bonuses, and 
other financial incentives, that are linked to participation 
in activities that have proven effective in retaining teachers 
in high-need schools operated by high-need local edu-
cational agencies, to all eligible participants, in an amount 
not to exceed $5,000 per participant. 
"(B) Carrying out pre- and post-placement induction 
or support activities that have proven effective in recruiting 
and retaining teachers, such as— 
"(i) teacher mentoring; 
"(ii) providing internships; 
"(iii) providing high-quality, preservice coursework; 
and 
"(iv) providing high-quality, sustained inservice 
professional development. 
"(C) Carrying out placement and ongoing activities to 
ensure that teachers are placed in fields in which the 
teachers are highly qualified to teach and are placed in 
high-need schools. 
"(D) Making payments to pay for costs associated with 
accepting teachers recruited under this section from among 
eligible participants or provide financial incentives to 
prospective teachers who are eligible participants. 
"(E) Collaborating with institutions of higher education 
in developing and implementing programs to facilitate 
teacher recruitment (including teacher credentialing) and 
teacher retention programs. 
"(F) Carrying out other programs, projects, and activi-
ties that are designed and have proven to be effective 
in recruiting and retaining teachers, and that the Secretary 
determines to be appropriate. 
"(G) Developing long-term recruitment and retention 
strategies including developing— 
"(i) a statewide or regionwide clearinghouse for 
the recruitment and placement of teachers; 
"(ii) administrative structures to develop and 
implement programs to provide alternative routes to 
certification; 
"(iii) reciprocity agreements between or among 
States for the certification or licensing of teachers; 
or 
"(iv) other long-term teacher recruitment and 
retention strategies. 
"(3) EFFECTIVE PROGRAMS.—The entity shall use the funds 
only for programs that have proven to be effective in both 
recruiting and retaining teachers. 
"(h) REQUIREMENTS.— 
"(1) TARGETING.—^An entity that receives a grant under 
this section to carry out a program shall ensure that partici-
pants in the program recruited with funds made available 
under this section are placed in high-need schools operated 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1659 
by high-need local educational agencies. In placing the partici-
pants in the schools, the entity shall give priority to the schools 
that are located in areas with the highest percentages of stu-
dents from families with incomes below the poverty line. 
"(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available 
under this section shall be used to supplement, and not sup-
plant, State and local public funds expended for teacher recruit-
ment and retention programs, including programs to recruit 
the teachers through alternative routes to certification. 
"(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL 
AGENCIES.—In the case of a partnership established by a local 
educational agency to carry out a program under this chapter, 
or a consortium of such agencies established to carry out a 
N
^ 
program under this chapter, the local educational agency or 
consortium shall not be eligible to receive funds through a 
State program under this chapter. 
"(i) PERIOD OF SERVICE.—A program participant in a program 
under this chapter who receives training through the program 
shall serve a high-need school operated by a high-need local edu-
cational agency for at least 3 years. 
"(j) REPAYMENT.—The Secretary shall establish such require- Requirements, 
ments as the Secretary determines to be appropriate to ensure 
that program participants who receive a stipend or other financial 
incentive under subsection (g)(2)(A), but fail to complete their 
service obligation under subsection (i), repay all or a portion of 
such stipend or other incentive. 
"(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant 
under this section shall use more than 5 percent of the funds 
made available through the grant for the administration of a pro-
gram under this chapter carried out under the grant. 
"SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND 
20 USC 6684. 
RETAINING TEACHERS. 
"(a) EVALUATION.—Each entity that receives a grant under 
this chapter shall conduct— 
"(1) an interim evaluation of the program funded under 
the grant at the end of the third year of the grant period; 
and 
"(2) a final evaluation of the program at the end of the 
fifth year of the grant period. 
"(b) CONTENTS.—In conducting the evaluation, the entity shall 
describe the extent to which local educational agencies that received 
funds through the grant have met the goals relating to teacher 
recruitment and retention described in the application. 
"(c) REPORTS.—The entity shall prepare and submit to the 
Secretary and to Congress interim and final reports containing 
the results of the interim and final evaluations, respectively. 
"(d) 
REVOCATION.—If the Secretary determines that 
the 
recipient of a grant under this chapter has not made substantial 
progress in meeting such goals and the objectives of the grant 
by the end of the third year of the grant period, the Secretary— 
"(1) shall revoke the payment made for the fourth year 
of the grant period; and 
"(2) shall not make a payment for the fifth year of the 
grant period. 
115 STAT. 1660 
PUBLIC LAW 107-110—JAN. 8, 2002 
"CHAPTER C—GENERAL PROVISIONS 
20 use 6691. 
"SEC. 2321. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—There are authorized to be appropriated 
to carry out this subpart $150,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding fiscal 
years. 
"(b) RESERVATION.—From the funds appropriated to carry out 
this subpart for fiscal year 2002, the Secretary shall reserve not 
more than $30,000,000 to carry out chapter A. 
"Subpart 2—National Writing Project 
20 use 6701. 
"SEC. 2331. PURPOSES. 
"The purposes of this subpart are— 
"(1) to support and promote the expansion of the National 
Writing Project network of sites so that teachers in every 
region of the United States will have access to a National 
Writing Project program; 
"(2) to ensure the consistent high quality of the sites 
through ongoing review, evaluation, and technical assistance; 
"(3) to support and promote the establishment of programs 
to disseminate effective practices and research findings about 
the teaching of writing; and 
"(4) to coordinate activities assisted under this subpart 
with activities assisted under this Act. 
20 use 6702. 
"SEC. 2332. NATIONAL WRITING PROJECT. 
"(a) AUTHORIZATION.—The Secretary is authorized to award 
a grant to the National Writing Project, a nonprofit educational 
organization that has as its primary purpose the improvement 
of the quality of student writing and learning (hereafter in this 
section referred to as the 'grantee') to improve the teaching of 
writing and the use of writing as a part of the learning process 
in our Nation's classrooms. 
"(b) REQUIREMENTS OF GRANT.—The grant shall provide that— 
"(1) the grantee will enter into contracts with institutions 
of higher education or other nonprofit educational providers 
(hereafter in this section referred to as 'contractors') under 
which the contractors will agree to establish, operate, and pro-
vide the non-Federal share of the cost of teacher training pro-
grams in effective approaches and processes for the teaching 
of writing; 
"(2) funds made available by the Secretary to the grantee 
pursuant to any contract entered into under this section will 
be used to pay the Federal share of the cost of establishing 
and operating teacher training programs as provided in para-
graph (1); and 
"(3) the grantee will meet such other conditions and stand-
ards as the Secretary determines to be necessary to assure 
compliance with the provisions of this section and will provide 
such technical assistance as may be necessary to carry out 
the provisions of this section. 
"(c) TEACHER TRAINING PROGRAMS.—The teacher training pro-
grams authorized in subsection (a) shall— 
"(1) be conducted during the school year and during the 
summer months; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1661 
"(2) train teachers who teach grades kindergarten through 
college; 
"(3) select teachers to become members of a National 
Writing Project teacher network whose members will conduct 
writing workshops for other teachers in the area served by 
each National Writing Project site; and 
"(4) encourage teachers from all disciplines to participate 
in such teacher training programs. 
"(d) FEDERAL SHARE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2) 
or (3) and for purposes of subsection (a), the term 'Federal 
share' means, with respect to the costs of teacher training 
programs authorized in subsection (a), 50 percent of such costs 
to the contractor. 
"(2) WAIVER.—The Secretary may waive the provisions of 
paragraph (1) on a case-by-case basis if the National Advisory 
Board described in subsection (e) determines, on the basis 
of financial need, that such waiver is necessary. 
"(3) MAXIMUM.—The Federal share of the costs of teacher 
training programs conducted pursuant to subsection (a) may 
not exceed $100,000 for any one contractor, or $200,000 for 
a statewide program administered by any one contractor in 
at least five sites throughout the State. 
"(e) NATIONAL ADVISORY BOARD.— 
"(1) ESTABLISHMENT.—^The National Writing Project shall 
establish and operate a National Advisory Board. 
"(2) COMPOSITION.—The National Advisory Board estab-
lished pursuant to paragraph (1) shall consist o
f
— 
"(A) national educational leaders; 
"(B) leaders in the field of writing; and 
"(C) such other individuals as the National Writing 
Project determines necessary. 
"(3) DUTIES.—The National Advisory Board established 
pursuant to paragraph (1) shall— 
"(A) advise the National Writing Project on national 
issues related to student writing and the teaching of 
writing; 
"(B) review the activities and programs of the National 
Writing Project; and 
"(C) support the continued development of the National 
Writing Project. 
"(f) EVALUATION.— 
"(1) IN GENERAL.—The Secretary shall conduct an inde-
pendent evaluation by grant or contract of the teacher training 
programs administered pursuant to this subpart. Such evalua-
tion shall specify the amount of funds expended by the National 
Writing Project and each contractor receiving assistance under 
this section for administrative costs. The results of such evalua-
tion shall be made available to the appropriate committees 
of Congress. 
"(2) FUNDING LIMITATION.—The Secretary shall reserve not 
more than $150,000 from the total amount appropriated pursu-
ant to the authority of subsection (h) for fiscal year 2002 
and each of the 5 succeeding fiscal years to conduct the evalua-
tion described in paragraph (1). 
"(g) APPLICATION REVIEW.— 
115 STAT. 1662 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(1) REVIEW BOARD.—The National Writing Project shall 
establish and operate a National Review Board that shall con-
sist of— 
"(A) leaders in the field of research in writing; and 
"(B) such other individuals as the National Writing 
Project deems necessary. 
"(2) DUTIES.—The National Review Board shall— 
"(A) review all applications for assistance under this 
subsection; and 
"(B) recommend applications for assistance under this 
subsection for funding by the National Writing Project. 
"(h) AUTHORIZATION OF APPROPRIATIONS,—There are authorized 
to be appropriated to carry out this subpart $15,000,000 as may 
be necessary for fiscal yeair 2002 and each of the 5 succeeding 
fiscal years. 
Education for 
"Subpart 3—Civic Education 
Democracy Act. 
20 use 6711. 
"SEC. 2341. SHORT TITLE. 
"This subpart may be cited as the 'Education for Democracy 
Act'. 
20 use 6712. 
"SEC. 2342. PURPOSE. 
"It is the purpose of this subpart— 
"(1) to improve the quality of civics and government edu-
cation by educating students about the history and principles 
of the Constitution of the United States, including the Bill 
of Rights; 
"(2) to foster civic competence and responsibility; and 
"(3) to improve the quality of civic education and economic 
education through cooperative civic education and economic 
education exchange programs with emerging democracies. 
20 use 6713. 
"SEC. 2343. GENERAL AUTHORITY. 
"(a) AUTHORITY.—The Secretary is authorized to award grants 
to, or enter into contracts with— 
"(1) the Center for Civic Education, to carry out civic edu-
cation activities under sections 2344 and 2345; 
"(2) the National Council on Economic Education, to carry 
out economic education activities under section 2345; and 
"(3) organizations experienced in the development of cur-
ricula and programs in civics and government education and 
economic education for students in elementary schools and 
secondary schools in countries other than the United States, 
to carry out civic education activities under section 2345. 
"(b) 
DISTRIBUTION FOR COOPERATIVE CIVIC EDUCATION AND 
ECONOMIC EDUCATION EXCHANGE PROGRAMS.— 
"(1) LIMITATION.—Not more than 40 percent of the amount 
appropriated under section 2346 for a fiscal year shsdl be used 
to carry out section 2345. 
"(2) DISTRIBUTION.—Of the amount used to carry out sec-
tion 2345 for a fiscal year (consistent with paragraph (1)), 
the Secretary shall use— 
"(A) 37.5 percent for a grant or contract for the Center 
for Civic Education; 
"(B) 37.5 percent for a grant or contract for the 
National Council on Economic Education; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1663 
"(C) 25 percent for not less than 1, but not more 
than 3, grants or contracts for organizations described in 
subsection (a)(3). 
"SEC. 2344. WE THE PEOPLE PROGRAM. 
20 USC 6714. 
"(a) THE CITIZEN AND THE CONSTITUTION.— 
"(1) 
EDUCATIONAL 
ACTIVITIES.—The 
Center for Civic 
Education— 
"(A) shall use funds made available under grants or 
contracts under section 2343(a)( 1)— 
"(i) to continue and expand the educational activi-
ties of the program entitled the 'We the People... 
The Citizen and the Constitution' program adminis-
tered by such center; 
"(ii) to carry out activities to enhance student 
attainment of challenging academic content standards 
in civics and government; 
"(iii) to provide a course of instruction on the basic 
principles of the Nation's constitutional democracy and 
the history of the Constitution of the United States, 
including the Bill of Rights; 
"(iv) to provide, at the request of a participating 
school, school and community simulated congressional 
hearings following the course of instruction described 
in clause (iii); and 
"(v) to provide an annual national competition of 
simulated congressional hearings for secondary school 
students who wish to participate in such a program; 
and 
"(B) may use funds made available under grants or 
contracts under section 2343(a)(1)— 
"(i) to provide advanced, sustained, and ongoing 
training of teachers about the Constitution of the 
United States and the political system of the United 
States; 
"(ii) to provide materials and methods of instruc-
tion, including teacher training, that utilize the latest 
advancements in educational technology; and 
"(iii) to provide civic education materials and serv-
ices to address specific problems such as the prevention 
of school violence and the abuse of drugs and alcohol. 
"(2) AVAILABILITY OF PROGRAM.—The education program 
authorized under this subsection shall be made available to 
public and private elementary schools and secondary schools, 
including Bureau funded schools, in the 435 congressional dis-
tricts, and in the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth of the Northern Mariana 
Islands. 
"(b) PROJECT CITIZEN.— 
"(1) 
EDUCATIONAL 
ACTIVITIES.—The 
Center for Civic 
Education— 
"(A) shall use funds made available under grants or 
contracts under section 2343(a)(1)— 
"(i) to continue and expand the educational activi-
ties of the program entitled the 'We the People... 
Project Citizen' program administered by the Center; 
115 STAT. 1664 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(ii) to carry out activities to enhance student 
attainment of challenging academic content standards 
in civics and government; 
"(iii) to provide a course of instruction at the 
middle school level on the roles of State and local 
governments in the Federal system established by the 
Constitution of the United States; and 
"(iv) to provide an annual national showcase or 
competition; and 
"(B) may use funds made available under grants or 
contracts under section 2343(a)( 1)— 
"(i) to provide optional school and community simu-
lated State legislative hearings; 
"(ii) to provide advanced, sustained, and ongoing 
training of teachers on the roles of State and local 
governments in the Federal system established by the 
Constitution of the United States; 
"(iii) to provide materials and methods of instruc-
tion, including teacher training, that utilize the latest 
advancements in educational technology; and 
"(iv) to provide civic education materials and serv-
ices to address specific problems such as the prevention 
of school violence and the abuse of drugs and alcohol. 
"(2) AVAILABILITY OF PROGRAM.—^The education program 
authorized under this subsection shall be made available to 
public and private middle schools, including Bureau funded 
schools, in the 50 States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
"(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the 
term 'Bureau-funded school' has the meaning given such term in 
section 1146 of the Education Amendments of 1978 (25 U.S.C. 
2026). 
20 use 6715. 
"SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDU-
CATION EXCHANGE PROGRAMS. 
"(a) 
COOPERATIVE 
EDUCATION 
EXCHANGE 
PROGRAMS.—The 
Center for Civic Education, the National Council on Economic Edu-
cation, and organizations described in section 2343(a)(3) shall use 
funds made available under grants or contracts under section 2343 
to carry out cooperative education exchange programs in accordance 
with this section. 
"(b) PURPOSE.—The purpose of the cooperative education 
exchange programs carried out under this section shall be— 
"(1) to make available to educators from eligible countries 
exemplary curriculum and teacher training programs in civics 
and government education, and economics education, developed 
in the United States; 
"(2) to assist 
eligible 
countries in the adaptation, 
implementation, and institutionalization of such programs; 
"(3) to create and implement civics and government edu-
cation, and economic education, programs for students that 
draw upon the experiences of the participating eligible coun-
tries; 
"(4) to provide a means for the exchange of ideas and 
experiences in civics and government education, and economic 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1665 
education, among political, educational, governmental, and pri-
vate sector leaders of participating eligible countries; and 
"(5) to provide support for— 
"(A) independent research and evaluation to determine 
the effects of educational programs on students' develop-
ment of the knowledge, skills, and traits of character essen-
tial for the preservation and improvement of constitutional 
democracy; and 
"(B) effective participation in, and the preservation 
and improvement of, an efficient market economy. 
"(c) ACTIVITIES.—In carrying out the cooperative education 
exchange programs assisted under this section, the Center for Civic 
Education, the National Council on Economic Education, and 
organizations described in section 2343(a)(3) shall— 
"(1) provide to the participants from eligible countries— 
"(A) seminars on the basic principles of United States 
constitutional democracy and economic system, including 
seminars on the major governmental and economic institu-
tions and systems in the United States, and visits to such 
institutions; 
"(B) visits to school systems, institutions of higher 
education, and nonprofit organizations conducting exem-
plary programs in civics and government education, and 
economic education, in the United States; 
"(C) translations and adaptations with respect to 
United States civics and government education, and eco-
nomic education, curricular programs for students and 
teachers, and in the case of training programs for teachers, 
translations and adaptations into forms useful in schools 
in eligible countries, and joint research projects in such 
areas; and 
"(D) independent research and evaluation assistance— 
"(i) to determine the effects of the cooperative edu-
cation exchange programs on students' development 
of the knowledge, skills, and traits of character essen-
tial for the preservation and improvement of constitu-
tional democracy; and 
"(ii) to identify effective participation in, and the 
preservation and improvement of, an efficient market 
economy; 
"(2) provide to the participants from the United States— 
"(A) seminars on the histories, economies, and systems 
of government of eligible countries; 
"(B) visits to school systems, institutions of higher 
education, and organizations conducting exemplary pro-
grams in civics and government education, and economic 
education, located in eligible countries; 
"(C) assistance from educators and scholars in eligible 
countries in the development of curricular materials on 
the history, government, and economy of such countries 
that are useful in United States classrooms; 
"(D) opportunities to provide onsite demonstrations of 
United States curricula and pedagogy for educational 
leaders in eligible countries; and 
"(E) independent research and evaluation assistance 
to determine— 
115 STAT. 1666 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(i) the effects 
of the cooperative 
education 
exchange programs assisted under this section on stu-
dents' development of the knowledge, skills, and traits 
of character essential for the preservation and improve-
ment of constitutional democracy; and 
"(ii) effective participation in, and improvement 
of, an efficient market economy; and 
"(3) assist participants from eligible countries and the 
United States to participate in international conferences on 
civics and government education, and economic education, for 
educational leaders, teacher trainers, scholars in related dis-
ciplines, and educational policymakers. 
"(d) PARTICIPANTS.—The primary participants in the coopera-
tive education exchange programs assisted under this section shall 
be educational leaders in the areas of civics and government edu-
cation, and economic education, including teachers, curriculum and 
teacher training specialists, scholars in relevant disciplines, and 
educational policymakers, and government and private sector 
leaders from the United States and eligible countries. 
"(e) CONSULTATION.—The Secretary may award a grant to, or 
enter into a contract with, the entities described in section 2343 
to carry out programs assisted under this section only if the Sec-
retary of State concurs with the Secretary that such grant, or 
contract, respectively, is consistent with the foreign policy of the 
United States. 
"(f) AVOIDANCE OF DUPLICATION.—^With the concurrence of the 
Secretary of State, the Secretary shall ensure that— 
"(1) the activities carried out under the programs assisted 
under this section are not duplicative of other activities con-
ducted in eligible countries; and 
"(2) any institutions in eligible countries, with which the 
Center for Civic Education, the National Council on Economic 
Education, or organizations described in section 2343(a)(3) may 
work in conducting such activities, are creditable. 
"(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term 
'eligible country' means a Central European country, an Eastern 
European country, Lithuania, Latvia, Estonia, the independent 
states of the former Soviet Union as defined in section 3 of the 
FREEDOM Support Act (22 U.S.C. 5801), the Republic of Ireland, 
the province of Northern Ireland in the United Kingdom, and any 
developing country (as such term is defined in section 209(d) of 
the Education for the Deaf Act) if the Secretary, with the concur-
rence of the Secretary of State, determines that such developing 
country has a democratic form of government. 
20 use 6716. 
"SEC. 2346. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this 
subpart $30,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of the 5 succeeding fiscal years. 
"Subpart 4—Teaching of Traditional American 
History 
20 use 6721. 
"SEC. 2351. ESTABLISHMENT OF PROGRAM. 
"(a) IN GENERAL.—The Secretary may establish and implement 
a program to be known as the 'Teaching American History Grant 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1667 
Program', under which the Secretary shall award grants on a 
competitive basis to local educational agencies— 
"(1) to carry out activities to promote the teaching of tradi-
tional American history in elementary schools and secondary 
schools as a separate academic subject (not as a component 
of social studies); and 
"(2) for the development, implementation, and strength-
ening of programs to teach traditional American history as 
a separate academic subject (not as a component of social 
studies) within elementary school and secondary school cur-
ricula, including the implementation of activities— 
"(A) to improve the quality of instruction; and 
"(B) to provide professional development and teacher 
education activities with respect to American history. 
"(b) REQUIRED PARTNERSHIP.—^A local educational agency that 
receives a grant under subsection (a) shall carry out activities 
under the grant in partnership with one or more of the following: 
"(1) An institution of higher education. 
"(2) A nonprofit history or humanities organization. 
"(3) A library or museum. 
"(c) APPLICATION.—To be eligible to receive an grant under 
this section, a local educational agency shall submit an application 
to the Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
"SEC. 2352. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 6722. 
"There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fisqal year 2002 and 
each of the 5 succeeding fiscal years. 
"Subpart 5—Teacher Liability Protection 
Paui D. coverdeii 
Teacher 
"SEC. 2361. SHORT TITLE. 
Protection Act of 
"This subpart may be cited as the 'Paul D. Coverdeii Teacher 20 USC 6731. 
Protection Act of 2001'. 
"SEC. 2362. PURPOSE. 
20 USC 6732. 
"The purpose of this subpart is to provide teachers, principals, 
and other school professionals the tools they need to undertake 
reasonable actions to maintain order, discipline, and an appropriate 
educational environment. 
"SEC. 2363. DEFINITIONS. 
20 USC 6733. 
"For purposes of this subpart: 
"(1) ECONOMIC LOSS.—^The term 'economic loss' means any 
pecuniary loss resulting from harm (including the loss of 
earnings or other benefits related to employment, medical 
expense loss, replacement services loss, loss due to death, burial 
costs, and loss of business or employment opportunities) to 
the extent recovery for such loss is allowed under applicable 
State law. 
"(2) HARM.—The term 'harm' includes physical, nonphys-
ical, economic, and noneconomic losses. 
"(3) NONECONOMIC LOSS.—The term 'noneconomic loss' 
means loss for physical or emotional pain, suffering, inconven-
ience, physical impairment, mental anguish, disfigurement, loss 
of enjojnnent of life, loss of society or companionship, loss 
of consortium (other than loss of domestic service), hedonic 
115 STAT. 1668 
PUBLIC LAW 107-110—JAN. 8, 2002 
damages, injury to reputation, or any other nonpecuniary loss 
of any kind or nature. 
"(4) SCHOOL.—The term 'school' means a public or private 
kindergarten, a public or private elementary school or sec-
ondary school, or a home school. 
"(5) STATE.—The term 'State' means each of the several 
States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin 
Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, any other territory or possession 
of the United States, or any political subdivision of any such 
State, territory, or possession. 
"(6) TEACHER.—The term 'teacher' means— 
"(A) a teacher, instructor, principal, or administrator; 
"(B) another educational professional who works in 
a school; 
"(C) a professional or nonprofessional employee who— 
"(i) works in a school; and 
"(ii)(I) in the employee's job, maintains discipline 
or ensures safety; or 
"(II) in an emergency, is called on to maintain 
discipline or ensure safety; or 
"(D) an individual member of a school board (as distinct 
from the board). 
20 u s e 6734. 
"SEC. 2364. APPLICABILITY. 
"This subpart shall only apply to States that receive funds 
under this Act, and shall apply to such a State as a condition 
of receiving such funds. 
20 u s e 6735. 
"SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICA-
BILITY. 
"(a) PREEMPTION.—This subpart preempts the laws of any State 
to the extent that such laws are inconsistent with this subpart, 
except that this subpart shall not preempt any State law that 
provides additional protection from liability relating to teachers. 
"(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This 
subpart shall not apply to any civil action in a State court against 
a teacher with respect to claims arising within that State if such 
State enacts a statute in accordance with State requirements for 
enacting legislation— 
"(1) citing the authority of this subsection; 
"(2) declaring the election of such State that this subpart 
shall not apply, as of a date certain, to such civil action in 
the State; and 
"(3) containing no other provisions. 
20 u s e 6736. 
"SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS. 
"(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided 
in subsection (b), no teacher in a school shall be liable for harm 
caused by an act or omission of the teacher on behalf of the 
school i
f
— 
"(1) the teacher was acting within the scope of the teacher's 
employment or responsibilities to a school or governmental 
entity; 
"(2) the actions of the teacher were carried out in con-
formity with Federal, State, and local laws (including rules 
and regulations) in furtherance of efforts to control, discipline, 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1669 
expel, or suspend a student or maintain order or control in 
the classroom or school; 
"(3) if appropriate or required, the teacher was properly 
licensed, certified, or authorized by the appropriate authorities 
for the activities or practice involved in the State in which 
the harm occurred, where the activities were or practice was 
undertaken within the scope of the teacher's responsibilities; 
"(4) the harm was not caused by willful or criminal mis-
conduct, gross negligence, reckless misconduct, or a conscious, 
flagrant indifference to the rights or safety of the individual 
harmed by the teacher; and 
"(5) the harm was not caused by the teacher operating 
a motor vehicle, vessel, aircraft, or other vehicle for which 
the State requires the operator or the owner of the vehicle, 
craft, or vessel to— 
"(A) possess an operator's license; or 
"(B) maintain insurance. 
"(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the 
laws of a State limit teacher liability subject to one or more of 
the following conditions, such conditions shall not be construed 
as inconsistent with this section: 
"(1) A State law that requires a school or governmental 
entity to adhere to risk management procedures, including 
mandatory training of teachers. 
"(2) A State law that makes the school or governmental 
entity liable for the acts or omissions of its teachers to the 
same extent as an employer is liable for the acts or omissions 
of its employees. 
ate law that makes a limitation of liability inapplicable 
if the civil action was brought by an officer of a State or 
local government pursuant to State or local law. 
"(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS 
OF TEACHERS.— 
"(1) 
GENERAL 
RULE.—Punitive 
damages 
may 
not 
be 
awarded against a teacher in an action brought for harm based 
on the act or omission of a teacher acting within the scope 
of the teacher's employment or responsibilities to a school or 
governmental entityunless the claimant establishes by clear 
and convincing evidence that the harm was proximately caused 
by an act or omission of such teacher that constitutes willful 
or criminal misconduct, or a conscious, flagrant indifference 
to the rights or safety of the individual harmed. 
"(2) CONSTRUCTION.—Paragraph (1) does not create a cause 
of action for punitive damages and does not preempt or super-
sede any Federal or State law to the extent that such law 
would further limit the award of punitive damages. 
"(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— 
"(1) IN GENERAL.—The limitations on the liability of a 
teacher under this subpart shall not apply to any misconduct 
that— 
"(A) constitutes a crime of violence (as that term is 
defined in section 16 of title 18, United States Code) or 
act of international terrorism (as that term is defined in 
section 2331 of title 18, United States Code) for which 
the defendant has been convicted in any court; 
115 STAT. 1670 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(B) involves a sexual offense, as defined by applicable 
State law, for which the defendant has been convicted 
in any court; 
"(C) involves misconduct for which the defendant has 
been found to have violated a Federal or State civil rights 
law; or 
"(D) where the defendant was under the influence (as 
determined pursuant to applicable State law) of intoxi-
cating alcohol or any drug at the time of the misconduct. 
"(2) HIRING.—The limitations on the liability of a teacher 
under this subpart shall not apply to misconduct during back-
ground investigations, or during other actions, involved in the 
hiring of a teacher. 
"(e) RULES OF CONSTRUCTION.— 
"(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS 
AND GOVERNMENTAL ENTITIES.—Nothing in this section shall 
be construed to affect any civil action brought by any school 
or any governmental entity against any teacher of such school. 
"(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this 
subpart shall be construed to affect any State or local law 
(including a rule or regulation) or policy pertaining to the 
use of corporal punishment. 
20 u s e 6737. 
"SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC 
LOSS. 
"(a) GENERAL RULE.—In any civil action against a teacher, 
based on an act or omission of a teacher acting within the scope 
of the teacher's employment or responsibilities to a school or govern-
mental entity, the liability of the teacher for noneconomic loss 
shall be determined in accordance with subsection (b). 
"(b) AMOUNT OF LIABILITY.— 
"(1) IN GENERAL.— 
"(A) LIABILITY.—Each defendant who is a teacher shall 
be liable only for the amount of noneconomic loss allocated 
to that defendant in direct proportion to the percentage 
of responsibility of that defendant (determined in accord-
ance with paragraph (2)) for the harm to the claimant 
with respect to which that defendant is liable. 
"(B) SEPARATE JUDGMENT.—The court shall render a 
separate judgment against each defendant in an amount 
determined pursuant to subparagraph (A). 
"(2) 
PERCENTAGE OF RESPONSIBILITY.—For purposes 
of 
determining the amount of noneconomic loss allocated to a 
defendant who is a teacher under this section, the trier of 
fact shall determine the percentage of responsibility of each 
person responsible for the claimant's harm, whether or not 
such person is a party to the action. 
"(c) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to preempt or supersede any Federal or State law 
that further limits the application of joint liability in a civil action 
described in subsection (a), beyond the limitations established in 
this section. 
20 u s e 6738. 
"SEC. 2368. EFFECTIVE DATE. 
"(a) IN GENERAL.—This subpart shall take effect 90 days after 
the date of enactment of the No Child Left Behind Act of 2001. 
"(b) APPLICATION.—This subpart applies to any claim for harm 
caused by an act or omission of a teacher if that claim is filed 
'V&^-^'-
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1671 
on or after the effective date of the No Child Left Behind Act 
of 2001 without regard to whether the harm that is the subject 
of the claim or the conduct that caused the harm occurred before 
such effective date. 
"PART 
D—ENHANCING 
EDUCATION 
THROUGH 
TECHNOLOGY 
"SEC. 2401. SHORT TITLE. 
"This part may be cited as the 'Enhancing Education Through 
Technology Act of 2001'. 
"SEC. 2402. PURPOSES AND GOALS. 
"(a) PURPOSES.—The purposes of this part are the following: 
"(1) To provide assistance to States and localities for the 
implementation and support of a comprehensive system that 
effectively uses technology in elementary schools and secondary 
schools to improve student academic achievement. 
"(2) To encourage the establishment or expansion of initia-
tives, including initiatives involving public-private partner-
ships, designed to increase access to technology, particularly 
in schools served by high-need local educational agencies. 
"(3) To assist States and localities in the acquisition, 
development, interconnection, implementation, improvement, 
and maintenance of an effective educational technology infra-
structure in a manner that expands access to technology for 
students (particularly for disadvantaged students) and teachers. 
"(4) To promote initiatives that provide school teachers, 
principals, and administrators with the capacity to integrate 
technology effectively into curricula and instruction that are 
aligned with challenging State academic content and student 
academic achievement standards, through such means as high-
quality professional development programs. 
"(5) To enhance the ongoing professional development of 
teachers, principals, and administrators by providing constant 
access to training and updated research in teaching and 
learning through electronic means. 
"(6) To support the development and utilization of electronic 
networks and other innovative methods, such as distance 
learning, of delivering specialized or rigorous academic courses 
and curricula for students in areas that would not otherwise 
have access to such courses and curricula, particularly in geo-
graphically isolated regions. 
"(7) To support the rigorous evaluation of programs funded 
under this part, particularly regarding the impact of such pro-
grams on student academic achievement, and ensure that 
timely information on the results of such evaluations is widely 
accessible through electronic means. 
"(8) To support local efforts using technology to promote 
parent and family involvement in education and communication 
among students, parents, teachers, principals, and administra-
tors. 
"(b) GOALS.— 
"(1) PRIMARY GOAL.—The primary goal of this part is to 
improve student academic achievement through the use of tech-
nology in elementary schools and secondary schools. 
Enhancing 
Education 
Through 
Technology Act of 
2001. 
115 STAT. 1672 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) ADDITIONAL GOALS.—The additional goals of this part 
are the following: 
"(A) To assist every student in crossing the digital 
divide by ensuring that every student is technologically 
literate by the time the student finishes the eighth grade, 
regardless of the student's race, ethnicity, gender, family 
income, geographic location, or disability. 
"(B) To encourage the effective integration of tech-
nology resources and systems with teacher training and 
curriculum 
development 
to 
establish 
research-based 
instructional methods that can be widely implemented as 
best practices by State educational agencies and local edu-
cational agencies. 
20 use 6753. 
"SEC. 2403. DEFINITIONS. 
"In this part: 
"(1) ELIGIBLE LOCAL ENTITY.—The term 'eligible local entity' 
means— 
"(A) a high-need local educational agency; or 
"(B) an eligible local partnership. 
"(2) ELIGIBLE LOCAL PARTNERSHIP.—The term 'eligible local 
partnership' means a partnership that— 
"(A) shall include at least one high-need local edu-
cational agency and at least one— 
"(i) local educational agency that can demonstrate 
that teachers in schools served by the agency are effec-
tively integrating technology and proven teaching prac-
tices into instruction, based on a review of relevant 
research, and that the integration results in improve-
ment in— 
"(I) classroom instruction in the core academic 
subjects; and 
"(II) the preparation of students to meet chal-
lenging State academic content and student aca-
demic achievement standards; 
"(ii) institution of higher education that is in full 
compliance with the reporting requirements of section 
207(f) of the Higher Education Act of 1965 and that 
has not been identified by its State as low-performing 
under section 208 of such Act; 
"(iii) for-profit 
business or organization 
that 
develops, designs, manufactures, or produces tech-
nology products or services, or has substantial exper-
tise in the application of technology in instruction; 
or 
"(iv) public or private nonprofit organization with 
demonstrated experience in the application of edu-
cational technology to instruction; and 
"(B) may include other local educational agencies, edu-
cational service agencies, libraries, or other educational 
entities appropriate to provide local programs. 
"(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
'high-need local educational agency' means a local educational 
agency that— 
"(A) is among the local educational agencies in a State 
with the highest numbers or percentages of children from 
families with incomes below the poverty line; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1673 
"(B)(i) operates one or more schools identified under 
section 1116; or 
"(ii) has a substantial need for assistance in acquiring 
and using technology. 
~ 
"SEC. 2404. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 6754. 
"(a) IN GENERAL.—There are authorized to be appropriated 
to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002, 
and such sums as may be necessary for each of the 5 succeeding 
fiscal years. 
"(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND 
NATIONAL INITIATIVES.—The amount of funds made available under 
subsection (a) for a fiscal year shall be allocated so that— 
"(1) not less than 98 percent is made available to carry 
out subpart 1; and 
"(2) not more than 2 percent is made available to carry 
out subpart 2. 
"(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount 
of funds allocated under subsection (b)(2) for fiscal years 2002 
through 2007, not more than $15,000,000 may be used to carry 
out section 2421(a). 
"(d) LIMITATION.—Of the amount of funds made available to 
a recipient of funds under this part for a fiscal year, not more 
than 5 percent may be used by the recipient for administrative 
costs or technical assistance, of which not more than 60 percent 
may be used by the recipient for administrative costs. 
"Subpart 1—State and Local Technology Grants 
"SEC. 2411. ALLOTMENT AND REALLOTMENT. 
20 USC 6761. 
"(a) RESERVATIONS AND ALLOTMENT.—From the amount made 
available to carry out this subpart under section 2404(b)(1) for 
a fiscal year— 
"(1) the Secretary shall reserve— 
"(A) three-fourths of 1 percent for the Secretary of 
the Interior for programs under this subpart for schools 
operated or funded by the Bureau of Indian Affairs; 
"(B) one-half of 1 percent to provide assistance under 
this subpart to the outlying areas; and 
"(C) such sums as may be necessary for continuation 
awards on grants awarded under section 3136 prior to 
the date of enactment of the No Child Left Behind Act 
of 2001; and 
"(2) from the remainder of such amount and subject to 
subsection (b), the Secretary shall make grants by allotting 
to each eligible State educational agency under this subpart 
an amount that bears the same relationship to such remainder 
for such year as the amount received under part A of title 
I for such year by such State educational agency bears to 
the amount received under such part for such year by all 
State educational agencies. 
"(b) MINIMUM ALLOTMENT.—The amount of any State edu-
cational agency's allotment under subsection (a)(2) for any fiscal 
year may not be less than one-half of 1 percent of the amount 
made available for allotments to States under this part for such 
year. 
115 STAT. 1674 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational 
agency does not apply for an allotment under this subpart for 
a fiscal year, or does not use its entire allotment under this subpart 
for that fiscal year, the Secretary shall reallot the amount of the 
State educational agency's allotment, or the unused portion of the 
allotment, to the remaining State educational agencies that use 
their entire allotments under this subpart in accordance with this 
section. 
"(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section, 
the term 'State educational agency' does not include an agency 
of an outlying area or the Bureau of Indian Affairs. 
20 use 6762. 
"SEC. 2412. USE OF ALLOTMENT BY STATE. 
"(a) IN GENERAL.—Of the amount provided to a State edu-
cational agency (from the agency's allotment under 
section 
2411(a)(2)) for a fiscal year— 
"(1) the State educational agency may use not more than 
5 percent to carry out activities under section 2415; and 
"(2) the State educational agency shall distribute the 
remainder as follows: 
"(A) From 50 percent of the remainder, the State edu-
cational agency shall award subgrants by allocating to 
each eligible local educational agency that has submitted 
an application to the State educational agency under sec-
tion 2414, for the activities described in section 2416, an 
amount that bears the same relationship to 50 percent 
of the remainder for such year as the amount received 
under part A of title I for such year by such local edu-
cational agency bears to the amount received under such 
part for such year by all local educational agencies within 
the State. 
"(B) From 50 percent of the remainder and subject 
to subsection (b), the State educational agency shall award 
subgrants, through a State-determined competitive process, 
to eligible local entities that have submitted applications 
to the State educational agency under section 2414, for 
the activities described in section 2416. 
"(b) SUFFICIENT AMOUNTS.— 
"(1) SPECIAL RULE.—In awarding a subgrant under sub-
section (a)(2)(B), the State educational agency shall— 
"(A) determine the local educational agencies that— 
"(i) received allocations under subsection (a)(2)(A) 
that are not of sufficient size to be effective, consistent 
with the purposes of this part; and 
"(ii) are eligible local entities; 
"(B) give priority to applications submitted by eligible 
local educational agencies described in subparagraph (A); 
and 
"(C) determine the minimum amount for awards under 
subsection (a)(2)(B) to ensure that subgrants awarded 
under that subsection are of sufficient size to be effective. 
"(2) SUFFICIENCY.—In awarding subgrants under sub-
section (a)(2)(B), each State educational agency shall ensure 
that each subgrant is of sufficient size and duration, and that 
the program funded by the subgrant is of sufficient scope and 
quality, to carry out the purposes of this part effectively. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1675 
"(3) DISTRIBUTION.—In awarding subgrants under sub-
section (a)(2)(B), each State educational agency shall ensure 
an equitable distribution of assistance under this subpart 
among urban and rural areas of the State, according to the 
demonstrated need of those local educational agencies serving 
the areas. 
"(c) FISCAL AGENT.—If an eligible local partnership receives 
a subgrant under subsection (a)(2)(B), a local educational agency 
in the partnership shall serve as the fiscal agent for the partnership. 
"(d) TECHNICAL ASSISTANCE.—Each State educational agency 
receiving a grant under section 2411(a) shall— 
"(1) identify the local educational agencies served by the 
State educational agency that— 
"(A) have the highest numbers or percentages of chil-
dren from families with incomes below the poverty line; 
and 
"(B) demonstrate to such State educational agency the 
greatest need for technical assistance in developing an 
application under section 2414; and 
"(2) offer the technical assistance described in paragraph 
(1)(B) to those local educational agencies. 
"SEC. 2413. STATE APPLICATIONS. 
20 USC 6763. 
"(a) IN GENERAL.—To be eligible to receive a grant under this 
subpart, a State educational agency shall submit to the Secretary, 
at such time and in such manner as the Secretary may specify, 
an application containing a new or updated statewide long-range 
strategic educational technology plan (which shall address the edu-
cational technology needs of local educational agencies) and such 
other information as the Secretary may reasonably require. 
"(b) CONTENTS.—Each State application submitted under sub-
section (a) shall include each of the following: 
"(1) An outline of the State educational agency's long-term 
strategies 
for 
improving 
student 
academic 
achievement, 
including technology literacy, through the effective use of tech-
nology in classrooms throughout the State, including through 
improving the capacity of teachers to integrate technology effec-
tively into curricula and instruction. 
"(2) A description of the State educational agency's goals 
for using advanced technology to improve student academic 
achievement, and how those goals are aligned with challenging 
State academic content and student academic achievement 
standards. 
"(3) A description of how the State educational agency 
will take steps to ensure that all students and teachers in 
the State, particularly students and teachers in districts served 
by high-need local educational agencies, have increased access 
to technology. 
"(4) A description of the process and accountability meas-
ures that the State educational agency will use to evaluate 
the extent to which activities funded under this subpart are 
effective in integrating technology into curricula and instruc-
tion. 
"(5) A description of how the State educational agency 
will encourage the development and utilization of innovative 
strategies for the delivery of specialized or rigorous academic 
courses and curricula through the use of technology, including 
115 STAT. 1676 
PUBLIC LAW 107-110—JAN. 8, 2002 
distance learning technologies, particularly for those areas of 
the State that would not otherwise have access to such courses 
and curricula due to geographical isolation or insufficient 
resources. 
"(6) An assurance that financial assistance provided under 
this subpart will supplement, and not supplant, State and 
local funds. 
"(7) A description of how the plan incorporates teacher 
education, professional development, and curriculum develop-
ment, and how the State educational agency will work to ensure 
that teachers and principals in a State receiving funds under 
this part are technologically literate. 
"(8) A description of— 
"(A) how the State educational agency will provide 
technical assistance to applicants under section 2414, espe-
cially to those applicants serving the highest numbers or 
percentages of children in poverty or with the greatest 
need for technical assistance; and 
"(B) the capacity of the State educational agency to 
provide such assistance. 
"(9) A description of technology resources and systems that 
the State will provide for the purpose of establishing best 
practices that can be widely replicated by State educational 
agencies and local educational agencies in the State and in 
other States. 
"(10) A description of the State's long-term strategies for 
financing technology to ensure that all students, teachers, and 
classrooms have access to technology. 
"(11) A description of the State's strategies for using tech-
nology to increase parental involvement. 
"(12) A description of how the State educational agency 
will ensure that 
each subgrant 
awarded under 
section 
2412(a)(2)(B) is of sufficient size and duration, and that the 
program funded by the subgrant is of sufficient scope and 
quality, to carry out the purposes of this part effectively. 
"(13) A description of how the State educational agency 
will ensure ongoing integration of technology into school cur-
ricula and instructional strategies in all schools in the State, 
so that technology will be fully integrated into the curricula 
and instruction of the schools by December 31, 2006. 
"(14) A description of how the local educational agencies 
in the State will provide incentives to teachers who are techno-
logically literate and teaching in rural or urban areas, to 
encourage such teachers to remain in those areas. 
"(15) A description of how public and private entities will 
participate in the implementation and support of the plan. 
"(c) 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 expiration of the 120-day period 
beginning on the date on which the Secretary received the applica-
tion, that the application is not in compliance with this part. 
Notice. 
"(d) DISAPPROVAL.—The Secretary shall not finally disapprove 
the application, except after giving the State educational agency 
notice and an opportunity for a hearing. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1677 
"(e) NOTIFICATION.—If the Secretary finds that the appHcation 
is not in compliance, in whole or in part, with this part, the 
Secretary shall— 
"(1) give the State educational agency notice and an oppor-
tunity for a hearing; and 
"(2) notify the State educational agency of the finding of 
noncompliance and, in such notification, shall— 
"(A) cite the specific provisions in the application that 
are not in compliance; and 
"(B) request additional information, only as to the non-
compliant provisions, needed to make the application 
compliant. 
"(f) RESPONSE.—If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) during 
the 45-day period beginning on the date on which the agency 
received the notification, and resubmits the application with the 
requested information described in subsection (e)(2)(B), the Sec-
retary shall approve or disapprove such application prior to the 
later o
f
— 
"(1) the expiration of the 45-day period beginning on the 
date on which the application is resubmitted; or 
"(2) the expiration of the 120-day period described in sub-
section (c). 
"(g) FAILURE TO RESPOND.—If the State educational agency 
does not respond to the Secretary's notification described in sub-
section (e)(2) during the 45-day period beginning on the date on 
which the agency received the notification, such application shall 
be deemed to be disapproved. 
"SEC. 2414. LOCAL APPLICATIONS. 
20 USC 6764. 
"(a) IN GENERAL.—To be eligible to receive a subgrant from 
a State educational agency under this subpart, a local educational 
agency or eligible local entity shall submit to the State educational 
agency an application containing a new or updated local long-
range strategic educational technology plan that is consistent with 
the objectives of the statewide educational technology plan described 
in section 2413(a), and such other information as the State edu-
cational agency may reasonably require, at such time and in such 
manner as the State educational agency may require. 
"(b) CONTENTS.—The application shall include each of the fol-
lowing: 
"(1) A description of how the applicant will use Federal 
funds under this subpart to improve the student academic 
achievement, including technology literacy, of all students 
attending schools served by the local educational agency and 
to improve the capacity of all teachers teaching in schools 
served by the local educational agency to integrate technology 
effectively into curricula and instruction. 
"(2) A description of the applicant's specific goals for using 
advanced technology to improve student academic achievement, 
aligned with challenging State academic content and student 
academic achievement standards. 
"(3) A description of the steps the applicant will take to 
ensure that all students and teachers in schools served by 
the local educational agency involved have increased access 
to educational technology, including how the agency would use 
115 STAT. 1678 
PUBLIC LAW 107-110-^AN. 8, 2002 
funds under this subpart (such as combining the funds with 
funds from other sources), to help ensure that— 
"(A) students in high-poverty and high-needs schools, 
or schools identified under section 1116, have access to 
technology; and 
"(B) teachers are prepared to integrate technology effec-
tively into curricula and instruction. 
"(4) A description of how the applicant will— 
"(A) identify and promote curricula and teaching strate-
gies that integrate technology effectively into curricula and 
instruction, based on a review of relevant research, leading 
to improvements in student academic achievement, as 
measured by challenging State academic content and stu-
dent academic achievement standards; and 
"(B) provide ongoing, sustained professional develop-
ment for teachers, principals, administrators, and school 
library media personnel serving the local educational 
agency, to further the effective use of technology in the 
classroom or library media center, including, if applicable, 
a list of the entities that will be partners with the local 
educational agency involved in providing the ongoing, sus-
tained professional development. 
"(5) A description of the type and costs of technologies 
to be acquired under this subpart, including services, software, 
and digital curricula, and including specific provisions for inter-
operability among components of such technologies. 
"(6) A description of how the applicant will coordinate 
activities carried out with funds provided under this subpart 
with technology-related activities carried out with funds avail-
able from other Federal, State, and local sources. 
"(7) A description of how the applicant will integrate tech-
nology (including software and other electronically delivered 
learning materials) into curricula and instruction, and a 
timeline for such integration. 
"(8) A description of how the applicant will encourage the 
development and utilization of innovative strategies for the 
delivery of specialized or rigorous academic courses and cur-
ricula through the use of technology, including distance learning 
technologies, particularly for those areas that would not other-
wise have access to such courses and curricula due to geo-
graphical isolation or insufficient resources. 
"(9) A description of how the applicant will ensure the 
effective use of technology to promote parental involvement 
and increase communication with parents, including a descrip-
tion of how parents will be informed of the technology being 
applied in their child's education so that the parents are able 
to reinforce at home the instruction their child receives at 
school. 
"(10) A description of how programs will be developed, 
where applicable, in collaboration with adult literacy service 
providers, to maximize the use of technology. 
"(11) A description of the process and accountability meas-
ures that the applicant will use to evaluate the extent to 
which activities funded under this subpart are effective in 
integrating technology into curricula and instruction, increasing 
the ability of teachers to teach, and enabling students to meet 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1679 
challenging State academic content and student academic 
achievement standards. 
"(12) A description of the supporting resources (such as 
services, software, other electronically delivered learning mate-
rials, and print resources) that will be acquired to ensure 
successful and effective uses of technology. 
"(c) COMBINED APPLICATIONS.—^A local educational agency that 
is an eligible local entity and submits an application to the State 
educational agency under this section for funds awarded under 
section 2412(aX2)(A) may combine the agency's application for funds 
awarded under that section with an application for funds awarded 
under section 2412(a)(2)(B). 
"(d) SPECIAL RULE.— 
"(1) CONSORTIUM APPLICATIONS.— 
"(A) IN GENERAL.—For any fiscal year, a local edu-
cational agency applying for financial assistance described 
in section 2412(a)(2)(A) may apply as part of a consortium 
that includes other local educational agencies, institutions 
of higher education, educational service agencies, libraries, 
or other educational entities appropriate to provide local 
programs. 
"(B) FISCAL AGENT.—If a local educational agency 
applies for and receives financial assistance described in 
section 2412(a)(2)(A) as part of a consortium, the local 
educational agency shall serve as the fiscal agent for the 
consortium. 
"(2) 
STATE EDUCATIONAL AGENCY ASSISTANCE.—^At 
the 
request of a local educational agency, a State educational 
agency may assist the local educational agency in the formation 
of a consortium described in paragraph (1) to provide services 
for the teachers and students served by the local educational 
agency. 
"SEC. 2415. STATE ACTIVITIES. 
20 USC 6765. 
"From funds made available under section 2412(a)(1), a State 
educational agency shall carry out activities and assist local efforts 
to carry out the purposes of this part, which may include the 
following activities: 
"(1) Developing, or assisting applicants or recipients of 
funds under this subpart in the development and utilization 
of, innovative strategies for the delivery of specialized or rig-
orous academic courses and curricula through the use of tech-
nology, including distance learning technologies, and providing 
other technical assistance to such applicants or recipients 
throughout the State, with priority given to high-need local 
educational agencies. 
"(2) Establishing or supporting public-private initiatives 
(such as interest-free or rt Uuced-cost loans) for the acquisition 
of educational technology 'n- high-need local educational agen-
cies and students attending schools served by such agencies. 
"(3) Assisting recipients of funds under this subpart in 
providing sustained and intensive, high-quality professional 
development based on a review of relevant research in the 
integration of advanced technologies, including emerging tech-
nologies, into curricula and instruction and in using those tech-
nologies to create new learning environments, 
including 
training in the use of technology to— 
115 STAT. 1680 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(A) access data and resources to develop curricula 
and instructional materials; 
"(B) enable teachers— 
"(i) to use the Internet and other technology to 
communicate with parents, other teachers, principals, 
and administrators; and 
"(ii) to retrieve Internet-based learning resources; 
and 
"(C) lead to improvements in classroom instruction in 
the core academic subjects, that effectively prepare stu-
dents to meet challenging State academic content standards 
and student academic achievement standards. 
"(4) Assisting recipients of funds under this subpart in 
providing all students (including students with disabilities and 
students with limited English proficiency) and teachers with 
access to educational technology. 
"(5) Developing performance measurement systems to 
determine the effectiveness of educational technology programs 
funded under this subpart, particularly in determining the 
extent to which activities funded under this subpart are effec-
tive in integrating technology into curricula and instruction, 
increasing the ability of teachers to teach, and enabling stu-
dents to meet challenging State academic content and student 
academic achievement standards. 
"(6) Collaborating with other State educational agencies 
on distance learning, including making specialized or rigorous 
academic courses and curricula available to students in areas 
that would not otherwise have access to such courses and 
curricula. 
20 use 6766. 
"SEC. 2416. LOCAL ACTIVITIES. 
"(a) PROFESSIONAL DEVELOPMENT.— 
"(1) IN GENERAL.—^A recipient of funds made available 
under section 2412(a)(2) shall use not less than 25 percent 
of such funds to provide ongoing, sustained, and intensive, 
high-quality professional development. The recipient shall pro-
vide professional development in the integration of advanced 
technologies, including emerging technologies, into curricula 
and instruction and in using those technologies to create new 
learning environments, such as professional development in 
the use of technology— 
"(A) to access data and resources to develop curricula 
and instructional materials; 
"(B) to enable teachers— 
"(i) to use the Internet and other technology to 
communicate with parents, other teachers, principals, 
and administrators; and 
"(ii) to retrieve Internet-based learning resources; 
and 
"(C) to lead to improvements in classroom instruction 
in the core academic subjects, that effectively prepare stu-
dents to meet challenging State academic content stand-
ards, including increasing student technology literacy, and 
student academic achievement standai'Js. 
"(2) WAIVERS.—Paragraph (1) shall not apply to a recipient 
of funds made available under section 2412(a)(2) that dem-
onstrates, to the satisfaction of the State educational agency 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1681 
involved, that the recipient already provides ongoing, sustained, 
and intensive, high-quality professional development that is 
based on a review of relevant research, to all teachers in 
core academic subjects in the integration of advanced tech-
nologies, including emerging technologies, into curricula and 
instruction. 
"(b) OTHER ACTIVITIES.—In addition to the activities described 
in subsection (a), a recipient of funds made available by a State 
educational agency under section 2412(a)(2) shall use such funds 
to carry out other activities consistent with this subpart, which 
may include the following: 
"(1) Establishing or expanding initiatives, particularly ini-
tiatives involving public-private partnerships, designed to 
increase access to technology for students and teachers, with 
special emphasis on the access of high-need schools to tech-
nology. 
"(2) Adapting or expanding existing and new applications 
of technology to enable teachers to increase student academic 
achievement, including technology literacy— 
"(A) through the use of teaching practices that are 
based on a review of relevant research and are designed 
to prepare students to meet challenging State academic 
content and student academic achievement standards; and 
"(B) by the development and utilization of innovative 
distance learning strategies to deliver specialized or rig-
orous academic courses and curricula to areas that would 
not otherwise have access to such courses and curricula. 
"(3) Acquiring proven and effective courses and curricula 
that include integrated technology and are designed to help 
students meet challenging State academic content and student 
academic achievement standards. 
"(4) Utilizing technology to develop or expand efforts to 
connect schools and teachers with parents and students to 
promote meaningful parental involvement, to foster increased 
communication about curricula, assignments, and assessments 
between students, parents, and teachers, and to assist parents 
to understand the technology being applied in their child's 
education, so that parents are able to reinforce at home the 
instruction their child receives at school. 
"(5) Preparing one or more teachers in elementary schools 
and secondary schools as technology leaders who are provided 
with the means to serve as experts and train other teachers 
in the effective use of technology, and providing bonus payments 
to the technology leaders. 
"(6) 
Acquiring, 
adapting, 
expanding, 
implementing, 
repairing, and maintaining existing and new applications of 
technology, to support the school reform effort and to improve 
student academic achievement, including technology literacy. 
"(7) Acquiring connectivity linkages, resources, and services 
(including the acquisition of hardware and software and other 
electronically delivered learning materials) for use by teachers, 
students, academic counselors, and school library media per-
sonnel in the classroom, in academic and college counseling 
centers, or in school library media centers, in order to improve 
student academic achievement. 
"(8) Using technology to collect, manage, and analyze data 
to inform and enhance teaching and school improvement efforts. 
115 STAT. 1682 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 u s e 6771. 
Establishment. 
Reports. 
Deadline. 
Internet. 
20 u s e 6772. 
Publication. 
Public 
information. 
"(9) Implementing performance measurement systems to 
determine the effectiveness of education technology programs 
funded under this subpart, particularly in determining the 
extent to which activities funded under this subpart are effec-
tive in integrating technology into curricula and instruction, 
increasing the ability of teachers to teach, and enabling stu-
dents to meet challenging State academic content and student 
academic achievement standards. 
"(10) Developing, enhancing, or implementing information 
technology courses. 
"Subpart 2—National Technology Activities 
"SEC. 2421. NATIONAL ACTIVITIES. 
"(a) STUDY.—Using funds 
made available under 
section 
2404(b)(2), the Secretary— 
"(1) shall conduct an independent, long-term study, uti-
lizing scientifically based research methods and control groups 
or control conditions— 
"(A) on the conditions and practices under which edu-
cational technology is effective in increasing student aca-
demic achievement; and 
"(B) on the conditions and practices that increase the 
ability of teachers to integrate technology effectively into 
curricula and instruction, that enhance the learning 
environment and opportunities, and that increase student 
academic achievement, including technology literacy; 
"(2) shall establish an independent review panel to advise 
the Secretary on methodological and other issues that arise 
in conducting the long-term study; 
"(3) shall consult with other interested Federal depart-
ments or agencies, State and local educational practitioners 
and policymakers (including teachers, principals, and super-
intendents), and experts in technology, regarding the study; 
and 
"(4) shall submit to Congress interim reports, when appro-
priate, and a final report, to be submitted not later than April 
1, 2006, on the findings of the study. 
"(b) DISSEMINATION.—Using funds made available under section 
2404(b)(2), the Secretary shall make widely available, including 
through dissemination on the Internet and to all State educational 
agencies and other recipients of funds under this part, findings 
identified through activities carried out under this section regarding 
the conditions and practices under which educational technology 
is effective in increasing student academic achievement. 
"(c) TECHNICAL ASSISTANCE.—^Using funds made available 
under section 2404(b)(2), the Secretary may provide technical assist-
ance (directly or through the competitive award of grants or con-
tracts) to State educational agencies, local educational agencies, 
and other recipients of funds, particularly in rural areas, under 
this part, in order to assist such State educational agencies, local 
educational agencies, and other recipients to achieve the purposes 
of this part. 
"SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN. 
"(a) IN GENERAL.—Based on the Nation's progress and an 
assessment by the Secretary of the continuing and future needs 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1683 
of the Nation's schools in effectively using technology to provide 
all students the opportunity to meet challenging State academic 
content and student academic achievement standards, the Secretary 
shall update and publish, in a form readily accessible to the public, 
a national long-range technology plan, by not later than 12 months 
after the date of enactment of the No Child Left Behind Act of 
2001. 
"(b) CONTENTS.—The plan referred to in subsection (a) shall 
include each of the following: 
"(1) A description of the manner in which the Secretary 
will promote— 
"(A) higher student academic achievement through the 
integration of advanced technologies, including emerging 
technologies, into curricula and instruction; 
"(B) increased access to technology for teaching and 
learning for schools with a high number or percentage 
of children from families with incomes below the poverty 
line; and 
"(C) the use of technology to assist in the implementa-
tion of State systemic reform strategies. 
"(2) A description of joint activities of the Department 
of Education and other Federal departments or agencies that 
will promote the use of technology in education. 
"Subpart 3—Ready-to-Learn Television 
"SEC. 2431. READY-TO-LEARN TELEVISION. 
20 USC 6775. 
"(a) PROGRAM AUTHORIZED.— 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants to, or enter into contracts or cooperative agreements 
with, eligible entities described in paragraph (3) to enable such 
entities— 
"(A) to develop, produce, and distribute educational 
and instructional video programming for preschool and 
elementary school children and their parents in order to 
facilitate student academic achievement; 
"(B) to facilitate the development, directly or through 
contracts with producers of children and family educational 
television programming, of educational programming for 
preschool and elementary school children, and the accom-
panying support materials and services that promote the 
effective use of such programming; 
"(C) to facilitate the development of programming and 
digital content containing Ready-to-Learn-based children's 
programming and resources for parents and caregivers that 
is specially designed for nationwide distribution over public 
television stations' digital broadcasting channels and the 
Internet; 
"(D) to contract with entities (such as public tele-
communications entities) so that programs developed under 
this section are disseminated and distributed to the widest 
possible audience appropriate to be served by the program-
ming, and through the use of the most appropriate distribu-
tion technologies; and 
"(E) to develop and disseminate education and training 
materials, including interactive programs and programs 
115 STAT. 1684 
PUBLIC LAW 107-110—JAN. 8, 2002 
adaptable to distance learning technologies, that are 
designed— 
"(i) to promote school readiness; and 
"(ii) to promote the effective use of materials devel-
oped under subparagraphs (B) and (C) among parents, 
teachers. Head Start providers. Even Start providers, 
providers of family literacy services, child care pro-
viders, 
early 
childhood 
development 
personnel, 
elementary school teachers, public libraries, and after-
school program personnel caring for preschool and 
elementary school children. 
"(2) AVAILABILITY.—In awarding grants, contracts, or 
cooperative agreements under this section, the Secretary shall 
ensure that eligible entities make programming widely avail-
able, with support materials as appropriate, to young children, 
parents, child care workers. Head Start providers. Even Start 
providers, and providers of family literacy services to increase 
the effective use of such programming. 
"(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, 
contract, or cooperative agreements under this section, an entity 
shall be a public telecommunications entity that is able to 
demonstrate each of the following: 
"(A) A capacity for the development and national dis-
tribution 
of educational 
and instructional 
television 
programming of high quality that is accessible by a large 
majority of disadvantaged preschool and elementary school 
children. 
"(B) A capacity to contract with the producers of chil-
dren's television programming for the purpose of developing 
educational television programming of high quality. 
"(C) A capacity, consistent with the entity's mission 
and nonprofit nature, to negotiate such contracts in a 
manner that returns to the entity an appropriate share 
of any ancillary income from sales of any program-related 
products. 
"(D) A capacity to localize programming and materials 
to meet specific State and local needs and to provide edu-
cational outreach at the local level. 
"(4) COORDINATION OF ACTIVITIES.—An entity receiving a 
grant, contract, or cooperative agreement under this section 
shall consult with the Secretary and the Secretary of Health 
and Human Services— 
"(A) to maximize the utilization of quality educational 
programming by preschool and elementary school children, 
and make such programming widely available to federally 
funded programs serving such populations; and 
"(B) to coordinate activities with Federal programs that 
have major 
training components for early childhood 
development, including programs under the Head Start 
Act (42 U.S.C. 9831 et seq.) and Even Start, and State 
training activities funded under the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 
et seq.), regarding the availability and utilization of mate-
rials developed under paragraph (1)(E) to enhance parent 
and child care provider skills in early childhood develop-
ment and education. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1685 
"(b) APPLICATIONS.—To be eligible to receive a grant, contract, 
or cooperative agreement under subsection (a), an entity shall 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may reasonably 
require. 
"(c) REPORTS AND EVALUATIONS.— 
"(1) 
ANNUAL 
REPORT 
TO 
THE 
SECRETARY.—^An entity 
receiving a grant, contract, or cooperative agreement under 
this section shall prepare and submit to the Secretary an 
annual report that contains such information as the Secretary 
may require. At a minimum, the report shall describe the 
program activities undertaken with funds received under the 
grant, contract, or cooperative agreement, including each of 
the following: 
"(A) The programming that has been developed, 
directly or indirectly, by the eligible entity, and the target 
population of the programs developed. 
"(B) The support and training materials that have 
been developed to accompany the programming, and the 
method by which the materials are distributed to con-
sumers and users of the programming. 
"(C) The means by which programming developed 
under this section has been distributed, including the dis-
tance learning technologies that have been utilized to make 
programming available, and the geographic distribution 
achieved through such technologies. 
"(D) The initiatives undertaken by the entity to develop 
public-private partnerships to secure non-Federal support 
for the development, distribution, and broadcast of edu-
cational and instructional programming. 
"(2) REPORT TO CONGRESS.—The Secretary shall prepare 
and submit to the relevant committees of Congress a biannual 
report that includes the following: 
"(A) A summary of the activities assisted under sub-
section (a). 
"(B) A description of the education and training mate-
rials made available under subsection (a)(1)(E), the manner 
in which outreach has been conducted to inform parents 
and child care providers of the availability of such mate-
rials, and the manner in which such materials have been 
distributed in accordance with such subsection. 
"(d) ADMINISTRATIVE COSTS.—^An entity that receives a grant, 
contract, or cooperative agreement under this section may use up 
to 5 percent of the amount received under the grant, contract, 
or agreement for the normal and customary expenses of admin-
istering the grant, contract, or agreement. 
"(e) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section such sums as may be necessary for 
fiscal year 2002, and for each of the 5 succeeding fiscal years. 
"(2) FUNDING RULE.—Not less than 60 percent of the 
amount appropriated under paragraph (1) for each fiscal year 
shall be used to carry out activities under subparagraphs (B) 
through (D) of subsection (a)(1). 
115 STAT. 1686 
PUBLIC LAW 107-110-^AN. 8, 2002 
"Subpart 4—Limitation on Availability of Certain 
Funds for Schools 
20 u s e 6777. 
"SEC. 2441. INTERNfET SAFETY. 
"(a) IN GENERAL.—No funds made available under this part 
to a local educational agency for an elementary school or secondary 
school that does not receive services at discount rates under section 
254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) 
may be used to purchase computers used to access the Internet, 
or to pay for direct costs associated with accessing the Internet, 
for such school unless the school, school board, local educational 
agency, or other authority with responsibility for administration 
of such school both— 
"(1)(A) has in place a policy of Internet safety for minors 
that includes the operation of a technology protection measure 
with respect to any of its computers with Internet access that 
protects against access through such computers to visual depic-
tions that are— 
"(i) obscene; 
"(ii) child pornography; or 
"(iii) harmful to minors; and 
"(B) is enforcing the operation of such technology protection 
measure during any use of such computers by minors; and 
"(2)(A) has in place a policy of Internet safety that includes 
the operation of a technology protection measure with respect 
to any of its computers with Internet access that protects 
against access through such computers to visual depictions 
that are— 
"(i) obscene; or 
"(ii) child pornography; and 
"(B) is enforcing the operation of such technology protection 
measure during any use of such computers. 
"(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.— 
Certification. 
"(1) IN GENERAL.—The local educational agency with 
responsibility for a school covered by subsection (a) shall certify 
the compliance of such school with the requirements of sub-
section (a) as part of the application process for the next pro-
gram funding year under this Act following December 21, 2000, 
and for each subsequent program funding year thereafter. 
"(2) PROCESS.— 
"(A) 
SCHOOLS WITH INTERNET SAFETY POLICIES AND 
TECHNOLOGY PROTECTION MEASURES IN PLACE.—^A local 
educational agency with responsibility for a school covered 
by subsection (a) that has in place an Internet safety policy 
meeting the requirements of subsection (a) shall certify 
its compliance with subsection (a) during each annual pro-
gram application cycle under this Act. 
"(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND 
TECHNOLOGY PROTECTION MEASURES IN PLACE.— 
"(i) CERTIFICATION.—^A local educational agency 
with responsibility for a school covered by subsection 
(a) that does not have in place an Internet safety 
policy meeting the requirements of subsection (a)—-
"(I) for the first program year after December 
21, 2000, in which the local educational agency 
is applying for funds for such school under this 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1687 
Act, shall certify that it is undertaking such 
actions, including any necessary 
procurement 
procedures, to put in place an Internet safety policy 
that meets such requirements; and 
"(II) for the 
second program year 
after 
December 21, 2000, in which the local educational 
agency is applying for funds for such school under 
this Act, shall certify that such school is in compli-
ance with such requirements. 
"(ii) INELIGIBILITY.—^Any school covered by sub-
section (a) for which the local educational agency con-
cerned is unable to certify compliance with such 
requirements in such second program year shall be 
ineligible for all funding under this part for such second 
program year and all subsequent program years until 
such time as such school comes into compliance with 
such requirements. 
"(C) WAIVERS.—^Any school subject to a certification 
under subparagraph (B)(i)(II) for which the local edu-
cational agency concerned cannot make the certification 
otherwise required by that subparagraph may seek a 
waiver of that subparagraph if State or local procurement 
rules or regulations or competitive bidding requirements 
prevent the making of the certification otherwise required 
by that subparagraph. The local educational agency con- Notification. 
cerned shall notify the Secretary of the applicability of 
that subparagraph to the school. Such notice shall certify 
that the school will be brought into compliance with the 
requirements in subsection (a) before the start of the third 
program year after December 21, 2000, in which the school 
is applying for funds under this part. 
"(c) DISABLING DURING CERTAIN USE.—^An administrator, super-
visor, or person authorized by the responsible authority under sub-
section (a) may disable the technology protection measure concerned 
to enable access for bona fide research or other lawful purposes. 
"(d) NONCOMPLIANCE.— 
"(1) 
USE OF GENERAL EDUCATION PROVISIONS ACT REM-
EDIES.—^Whenever the Secretary has reason to believe that 
any recipient of funds under this part is failing to comply 
substantially with the requirements of this section, the Sec-
retary may— 
"(A) withhold further payments to the recipient under 
this part; 
"(B) issue a complaint to compel compliance of the 
recipient through a cease and desist order; or 
"(C) enter into a compliance agreement with a recipient 
to bring it into compliance with such requirements, 
in same manner as the Secretary is authorized to take such 
actions under sections 455, 456, and 457, respectively, of the 
General Education Provisions Act. 
"(2) RECOVERY OF FUNDS PROHIBITED.—The actions author-
ized by paragraph (1) are the exclusive remedies available 
with respect to the failure of a school to comply substantially 
with a provision of this section, and the Secretary shall not 
seek a recovery of funds from the recipient for such failure. 
"(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Sec-
retary determines (whether by certification or other appropriate 
115 STAT. 1688 
PUBLIC LAW 107-110-^AN. 8, 2002 
evidence) that a recipient of funds who is subject to the with-
holding of payments under paragraph (1)(A) has cured the 
failure providing the basis for the withholding of payments, 
the Secretary shall cease the withholding of payments to the 
recipient under that paragraph. 
"(e) DEFINITIONS.—In this subpart: 
"(1) COMPUTER.—The term 'computer' includes any hard-
ware, software, or other technology attached or connected to, 
installed in, or otherwise used in connection with a computer. 
"(2) ACCESS TO INTERNET.—^A computer shall be considered 
to have access to the Internet if such computer is equipped 
with a modem or is connected to a computer network that 
has access to the Internet. 
"(3) ACQUISITION OR OPERATION.—^An elementary school or 
secondary school shall be considered to have received funds 
under this part for the acquisition or operation of any computer 
if such funds are used in any manner, directly or indirectly— 
"(A) to purchase, lease, or otherwise acquire or obtain 
the use of such computer; or 
"(B) to obtain services, supplies, software, or other 
actions or materials to support, or in connection with, 
the operation of such computer. 
"(4) MINOR.—^The term 'minor' means an individual who 
has not attained the age of 17. 
"(5) CHILD PORNOGRAPHY.—The term 'child pornography' 
has the meaning given that term in section 2256 of title 18, 
United States Code. 
"(6) HARMFUL TO MINORS.—^The term 'harmful to minors' 
means any picture, image, graphic image file, or other visual 
depiction that— 
"(A) taken as a whole and with respect to minors, 
appeals to a prurient interest in nudity, sex, or excretion; 
"(B) depicts, describes, or represents, in a patently 
offensive way with respect to what is suitable for minors, 
an actual or simulated sexual act or sexual contact, actual 
or simulated normal or perverted sexual acts, or a lewd 
exhibition of the genitals; and 
"(C) taken as a whole, lacks serious literary, artistic, 
political, or scientific value as to minors. 
"(7) OBSCENE.—^The term 'obscene' has the meaning 
applicable to that term under section 1460 of title 18, United 
States Code. 
"(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms 'sexual 
act' and 'sexual contact' have the meanings given those terms 
in section 2246 of title 18, United States Code. 
"(f) SEVERABILITY.—If any provision of this section is held 
invalid, the remainder of this section shall not be affected thereby.". 
20 use 6301 
SEC. 202. CONTINUATION OF AWARDS. 
Notwithstanding any other provision of this Act or the 
Elementary and Secondary Education Act of 1965, in the case 
of— 
(1) a person or entity that, prior to the date of enactment 
of this Act, was awarded funds appropriated under the Depart-
ment of Education Appropriations Act, 2001 for new teacher 
recruitment initiatives; or 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1689 
(2) a person or agency that, prior to the date of enactment 
of this Act, was awarded a grant or contract under part K 
of title X of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 8331 et seq.), 
the Secretary of Education shall continue to provide funds in accord-
ance with the terms of such award until the date on which the 
award period terminates. 
TITLE 
III—LANGUAGE 
INSTRUCTION 
FOR LIMITED ENGLISH PROFICIENT 
AND IMMIGRANT STUDENTS 
SEC. 301. LANGUAGE DESTRUCTION FOR LIMITED ENGLISH PRO-
FICIENT CHILDREN AND IMMIGRANT CHILDREN AND 
YOUTH. 
Title III (20 U.S.C. 6801 et seq.) is amended to read as follows: 
"TITLE 
III—LANGUAGE 
INSTRUCTION 
FOR LIMITED ENGLISH PROFICIENT 
AND IMMIGRANT STUDENTS 
"SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON 
20 USC 6801. 
EFFECTIVENESS OF PARTS. 
"(a) AUTHORIZATIONS OF APPROPRIATIONS.— 
"(1) IN GENERAL.—Subject to subsection (b), there are 
authorized to be appropriated to carry out this title, except 
for subpart 4 of part B, $750,000,000 for fiscal year 2002 
and such sums as may be necessary for each of the 5 succeeding 
fiscal years. 
"(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There 
are authorized to be appropriated to carry out subpart 4 of 
part B (when such part is in effect) such sums as may be 
necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years. 
"(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.— 
"(1) PART A.—Part A shall be in effect for any fiscal year 
for which the amount appropriated under paragraphs (1) and 
(2) of subsection (a) equals or exceeds $650,000,000. 
"(2) PART B.—Part B shall be in effect only for a fiscal 
year for which part A is not in effect. 
"(c) REFERENCES.—In any fiscal year for which part A is in 
effect, references in Federal law (other than this title) to part 
B shall be considered to be references to part A. In any fiscal 
year for which part B is in effect, references in Federal law (other 
than this title) to part A shall be considered to be references 
to part B. 
89-194 0 -03- 23 QL3 Part 2 
115 STAT. 1690 
PUBLIC LAW 107-110-^AN. 8, 2002 
English 
Language 
Acquisition, 
Language 
Enhancement, 
and Academic 
Achievement Act. 
Children, youth, 
and families. 
Grants. 
20 u s e 6811. 
20 u s e 6812. 
"PART A—ENGLISH LANGUAGE ACQUISITION, 
LANGUAGE ENHANCEMENT, AND ACADEMIC 
ACHIEVEMENT ACT 
"SEC. 3101. SHORT TITLE. 
"This part may be cited as the 'English Language Acquisition, 
Language Enhancement, and Academic Achievement Act'. 
"SEC. 3102. PURPOSES. 
"The purposes of this part are— 
"(1) to help ensure that children who are limited English 
proficient, including immigrant children and youth, attain 
English proficiency, develop high levels of academic attainment 
in English, and meet the same challenging State academic 
content and student academic achievement standards as all 
children are expected to meet; 
"(2) to assist all limited English proficient children, includ-
ing immigrant children and youth, to achieve at high levels 
in the core academic subjects so that those children can meet 
the same challenging State academic content and student aca-
demic achievement standards as all children are expected to 
meet, consistent with section 1111(b)(1); 
"(3) to develop high-quality language instruction edu-
cational programs designed to assist State educational agencies, 
local educational agencies, and schools in teaching limited 
English proficient children and serving immigrant children and 
youth; 
"(4) to assist State educational agencies and local edu-
cational agencies to develop and enhance their capacity to 
provide high-quality instructional programs designed to prepare 
limited English proficient children, including immigrant chil-
dren and youth, to enter all-English instruction settings; 
"(5) to assist State educational agencies, local educational 
agencies, and schools to build their capacity to establish, imple-
ment, and sustain language instruction educational programs 
and programs of English language development for limited 
English proficient children; 
"(6) to promote parental and community participation in 
language instruction educational programs for the parents and 
communities of limited English proficient children; 
"(7) to streamline language instruction educational pro-
grams into a program carried out through formula grants to 
State educational agencies and local educational agencies to 
help limited English proficient children, including immigrant 
children and youth, develop proficiency in English, while meet-
ing challenging State academic content and student academic 
achievement standards; 
"(8) to hold State educational agencies, local educational 
agencies, and schools accountable for increases in English pro-
ficiency and core academic content knowledge of limited English 
proficient children by requiring— 
"(A) demonstrated improvements in the English pro-
ficiency of limited English prof "ent children each fiscal 
year; and 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1691 
"(B) adequate yearly progress for limited English pro-
ficient children, including immigrant children and youth, 
as described in section 1111(b)(2)(B); and 
"(9) to provide State educational agencies and local edu-
cational agencies with the flexibility to implement language 
instruction educational programs, based on scientifically based 
research on teaching limited English proficient children, that 
the agencies believe to be the most effective for teaching 
English. 
"Subpart 1—Grants and Subgrants for English 
Language Acquisition and Language Enhance-
ment 
"SEC. 3111. FORMULA GRANTS TO STATES. 
20 USC 6821. 
"(a) IN GENERAL.—In the case of each State educational agency 
having a plan approved by the Secretary for a fiscal year under 
section 3113, the Secretary shall make a grant for the year to 
the agency for the purposes specified in subsection (b). The grant 
shall consist of the allotment determined for the State educational 
agency under subsection (c). 
"(b) USE OF FUNDS.— 
"(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may 
make a grant under subsection (a) only if the State educational 
agency involved agrees to expend at least 95 percent of the 
State educational agency's allotment under subsection (c) for 
a fiscal year— 
"(A) to award subgrants, from allocations under section 
3114, to eligible entities to carry out the activities described 
in section 3115 (other than subsection (e)); and 
"(B) to award subgrants under section 3114(d)(1) to 
eligible entities that are described in that section to carry 
out the activities described in section 3115(e). 
"(2) STATE ACTIVITIES.—Subject to paragraph (3), each State 
educational agency receiving a grant under subsection (a) may 
reserve not more than 5 percent of the agency's allotment 
under subsection (c) to carry out one or more of the following 
activities: 
"(A) Professional development activities, and other 
activities, that assist personnel in meeting State and local 
certification and licensing requirements for teaching lim-
ited English proficient children. 
"(B) Planning, evaluation, administration, and inter-
agency coordination related to the subgrants referred to 
in paragraph (1). 
"(C) Providing technical assistance and other forms 
of assistance to eligible entities that are receiving subgrants 
from a State educational agency under this subpart, 
including assistance in— 
"(i) 
identifying 
and 
implementing 
language 
instruction educational programs and curricula that 
are based on scientifically based research on teaching 
limited English proficient children; 
"(ii) helping limited English proficient children 
meet the same challenging State academic content and 
115 STAT. 1692 
PUBLIC LAW 107-110—JAN. 8, 2002 
student academic achievement standards as all chil-
dren are expected to meet; 
"(iii) identifying or developing, and implementing, 
measures of English proficiency; and 
"(iv) promoting parental and community participa-
tion in programs that serve limited English proficient 
children. 
"(D) Providing recognition, which may include pro-
viding financial awards, to subgrantees that have exceeded 
their annual measurable achievement objectives pursuant 
to section 3122. 
"(3) 
ADMINISTRATIVE 
EXPENSES.—From 
the 
amount 
reserved under paragraph (2), a State educational agency may 
use not more than 60 percent of such amount or $175,000, 
whichever is greater, for the planning and administrative costs 
of carrying out paragraphs (1) and (2). 
"(c) RESERVATIONS AND ALLOTMENTS.— 
"(1) RESERVATIONS.—^From the amount appropriated under 
section 3001(a) for each fiscal year, the Secretary shall 
reserve— 
"(A) 0.5 percent or $5,000,000 of such amount, which-
ever is greater, for payments to eligible entities that are 
defined under section 3112(a) for activities, approved by 
the Secretary, consistent with this subpart; 
"(B) 0.5 percent of such amount for payments to out-
lying areas, to be allotted in accordance with their respec-
tive needs for assistance under this subpart, as determined 
by the Secretary, for activities, approved by the Secretary, 
consistent with this subpart; 
"(C) 6.5 percent of such amount for national activities 
under sections 3131 and 3303, except that not more than 
0.5 percent of such amount shall be reserved for evaluation 
activities conducted by the Secretary and not more than 
$2,000,000 of such amount may be reserved for the 
National Clearinghouse for English Language Acquisition 
and Language Instruction Educational Programs described 
in section 3303; and 
"(D) such sums as may be necessary to make continu-
ation awards under paragraph (2). 
"(2) CONTINUATION AWARDS.— 
"(A) IN GENERAL.—Before making allotments to State 
educational agencies under paragraph (3) for any fiscal 
year, the Secretary shall use the sums reserved under 
paragraph (1)(D) to make continuation awards to recipients 
who received grants or fellowships for the fiscal year pre-
ceding any fiscal year described in section 3001(b)(1)(A) 
under— 
"(i) subparts 1 and 3 of part A of title VII (as 
in effect on the day before the date of enactment of 
the No Child Left Behind Act of 2001); or 
"(ii) subparts 1 and 3 of part B of this title. 
"(B) USE OF FUNDS.—^The Secretary shall make the 
awards in order to allow such recipients to receive awards 
for the complete period of their grants or fellowships under 
the appropriate subparts. 
"(3) STATE ALLOTMENTS.— 
. - 1 - , - . ^ . . 
'^^^i^ 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1693 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), from the amount appropriated under section 3001(a) 
for each fiscal year that remains after making the reserva-
tions under paragraph (1), the Secretary shall allot to 
each State educational agency having a plan approved 
under section 3113(c)— 
"(i) an amount that bears the same relationship 
to 80 percent of the remainder as the number of limited 
English proficient children in the State bears to the 
number of such children in all States; and 
"(ii) an amount that bears the same relationship 
to 20 percent of the remainder as the number of 
immigrant children and youth in the State bears to 
the number of such children and youth in all States. 
"(B) MINIMUM ALLOTMENTS.—No State educational 
agency shall receive an allotment under this paragraph 
that is less than $500,000. 
"(C) REALLOTMENT.—If any State educational agency 
described in subparagraph (A) does not submit a plan 
to the Secretary for a fiscal year, or submits a plan (or 
any amendment to a plan) that the Secretary, after reason-
able notice and opportunity for a hearing, determines does 
not 
satisfy 
the requirements of this 
subpart, the 
Secretary— 
"(i) shall endeavor to make the State's allotment 
available on a competitive basis to specially qualified 
agencies within the State to satisfy the requirements 
of section 3115 (and any additional requirements that 
the Secretary may impose), consistent with the pur-
poses of such section, and to carry out required and 
authorized activities under such section; and 
"(ii) shall reallot any portion of such allotment 
remaining after the application of clause (i) to the 
remaining State educational agencies in accordance 
with subparagraph (A). 
"(D) SPECIAL 
RULE FOR PUERTO RICO.—The total 
amount allotted to Puerto Rico for any fiscal year under 
subparagraph (A) shall not exceed 0.5 percent of the total 
amount allotted to all States for that fiscal year. 
"(4) USE OF DATA FOR DETERMINATIONS.— 
"(A) IN GENERAL.—In making State allotments under 
paragraph (3), for the purpose of determining the number 
of limited English proficient children in a State and in 
all States, and the number of immigrant children and 
youth in a State and in all States, for each fiscal year, 
the Secretary shall use data that will yield the most 
accurate, up-to-date numbers of such children and youth. 
"(B) SPECIAL RULE.— 
"(i) FIRST 2 YEARS.—In making determinations 
under subparagraph (A) for the 2 fiscal years following 
the date of enactment of the No Child Left Behind 
Act of 2001, the Secretary shall determine the number 
of limited English proficient children in a State and 
in all States, and the number of immigrant children 
and youth in a State and in all States, using data 
available from the Bureau of Census or submitted by 
the States to the Secretary. 
115 STAT. 1694 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) SUBSEQUENT YEARS.—For subsequent fiscal 
years, the Secretary shall determine the number of 
limited English proficient children in a State and in 
all States, and the number of immigrant children and 
youth in a State and in all States, using the more 
accurate of— 
"(I) the data available from the American 
Community Survey available from the Department 
of Commerce; or 
"(II) the number of children being assessed 
for English proficiency in a State as required under 
section 1111(b)(7). 
20 use 6822. 
"SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 
SCHOOL. 
"(a) ELIGIBLE ENTITIES.—For the purpose of carrying out pro-
grams under this part for individuals served by elementary schools, 
secondary schools, and postsecondary schools operated predomi-
nately for Native American children (including Alaska Native chil-
dren), the following shall be considered to be an eligible entity: 
"(1) An Indian tribe. 
"(2) A tribally sanctioned educational authority. 
"(3) A Native Hawaiian or Native American Pacific Islander 
native language educational organization. 
"(4) An elementary school or secondary school that is oper-
ated or funded by the Bureau of Indian Affairs, or a consortium 
of such schools. 
"(5) An elementary school or secondary school operated 
under a contract with or grant from the Bureau of Indian 
Affairs, in consortium with another such school or a tribal 
or community organization. 
"(6) An elementary school or secondary school operated 
by the Bureau of Indian Affairs and an institution of higher 
education, in consortium with an elementary school or sec-
ondary school operated under a contract with or grant from 
the Bureau of Indian Affairs or a tribal or community organiza-
tion. 
"(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwith-
standing any other provision of this part, an entity that is consid-
ered to be an eligible entity under subsection (a), and that desires 
to receive Federal financial assistance under this subpart, shall 
submit an application to the Secretary. 
"(c) SPECL^L RULE.—^An eligible entity described in subsection 
(a) that receives Federal financial assistance pursuant to this sec-
tion shall not be eligible to receive a subgrant under section 3114. 
20 use 6823. 
"SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS. 
"(a) PLAN REQUIRED.—Each State educational agency and spe-
cially qualified agency desiring a grant under this subpart shall 
submit a plan to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require. 
"(b) CONTENTS.—Each plan submitted under subsection (a) 
shall— 
"(1) describe the process that the agency will use in making 
subgrants to eligible entities under section 3114(d)(1); 
"(2) describe how the agency will establish standards and 
objectives for raising the level of English proficiency that are 
derived from the four recognized domains of speaking, listening, 
&^'^J^4 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1695 
reading, and writing, and that are aligned with achievement 
of the challenging State academic content and student academic 
achievement standards described in section 1111(b)(1); 
"(3) contain an assurance that— 
"(A) in the case of a State educational agency, the 
agency consulted with local educational agencies, edu-
cation-related community groups and nonprofit organiza-
tions, 
parents, 
teachers, 
school 
administrators, 
and 
researchers, in developing the annual measurable achieve-
ment objectives described in section 3122; 
"(B) in the case of a specially qualified agency, the 
agency consulted with education-related community groups 
and 
nonprofit 
organizations, 
parents, 
teachers, 
and 
researchers, in developing the annual measurable achieve-
ment objectives described in section 3122; 
"(C) the agency will ensure that eligible entities 
receiving a subgrant under this subpart comply with the 
requirement in section 1111(b)(7) to annually assess in 
English children who have been in the United States for 
3 or more consecutive years; 
"(D) the agency will ensure that eligible entities 
receiving a subgrant under this subpart annually assess 
the English proficiency of all limited English proficient 
children participating in a program funded under this sub-
part, consistent with section 1111(b)(7); 
"(E) in awarding subgrants under section 3114, the 
agency will address the needs of scho6l systems of all 
sizes and in all geographic areas, including school systems 
with rural and urban schools; 
"(F) subgrants to eligible entities under 
section 
3114(d)(1) will be of sufficient size and scope to allow 
such entities to carry out high-quality language instruction 
educational programs for limited English proficient chil-
dren; and 
"(G) the agency will require an eligible entity receiving 
a subgrant under this subpart to use the subgrant in 
ways that will build such recipient's capacity to continue 
to offer high-quality language instruction educational pro-
grams that assist limited English proficient children in 
meeting challenging State academic content and student 
academic achievement standards once assistance under this 
subpart is no longer available; 
"(4) describe how the agency will coordinate its programs 
and activities under this subpart with its other programs and 
activities under this Act and other Acts, as appropriate; 
"(5) describe how the agency will hold local educational 
agencies, eligible entities, elementary schools, and secondary 
schools accountable for— 
"(A) meeting all annual measurable achievement objec-
tives described in section 3122; 
"(B) making adequate yearly progress for limited 
English 
proficient 
children, 
as 
described in 
section 
1111(b)(2)(B); and 
"(C) achieving the purposes of this part; and 
"(6) describe how eligible entities in the State will be given 
the flexibility to teach limited English proficient children— 
115 STAT. 1696 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) using a language instruction curriculum that is 
tied to scientifically based research on teaching limited 
English proficient children and that has been demonstrated 
to be effective; and 
"(B) in the manner the eligible entities determine to 
be the most effective. 
"(c) APPROVAL.—The Secretary, after using a peer review 
process, shall approve a plan submitted under subsection (a) if 
the plan meets the requirements of this section. 
"(d) DURATION OF PLAN.— 
"(1) IN GENERAL.—Each plan submitted by a State edu-
cational agency or specially qualified agency and approved 
under subsection (c) shall— 
"(A) remain in effect for the duration of the agency's 
participation under this part; and 
"(B) be periodically reviewed and revised by the agency, 
as necessary, to reflect changes to the agency's strategies 
and programs carried out under this part. 
"(2) ADDITIONAL INFORMATION.— 
"(A) AMENDMENTS.—If the State educational agency 
or specially qualified agency amends the plan, the agency 
shall submit such amendment to the Secretary. 
"(B) APPROVAL.—The Secretary shall approve such 
amendment to an approved plan, unless the Secretary 
determines that the amendment will result in the agency 
not meeting the requirements, or fulfilling the purposes, 
of this part. 
"(e) CONSOLIDATED PLAN.—^A plan submitted under subsection 
(a) may be submitted as part of a consolidated plan under section 
9302. 
"(f) SECRETARY ASSISTANCE.—The Secretary shall provide tech-
nical assistance, if requested, in the development of English pro-
ficiency standards, objectives, and assessments. 
20 use 6824. 
"SEC. 3114. WITHIN-STATE ALLOCATIONS. 
"(a) IN GENERAL.—^After making the reservation required under 
subsection (d)(1), each State educational agency receiving a grant 
under section 3111(c)(3) shall award subgrants for a fiscal year 
by allocating to each eligible entity in the State having a plan 
approved under section 3116 an amount that bears the same rela-
tionship to the amount received under the grant and remaining 
after making such reservation as the population of limited English 
proficient children in schools served by the eligible entity bears 
to the population of limited English proficient children in schools 
served by all eligible entities in the State. 
"(b) LIMITATION.—^A State educational agency shall not award 
a subgrant from an allocation made under subsection (a) if the 
amount of such subgrant would be less than $10,000. 
"(c) REALLOCATION.—^Whenever a State educational agency 
determines that an amount from an allocation made to an eligible 
entity under subsection (a) for a fiscal year will not be used by 
the entity for the purpose for which the allocation was made, 
the agency shall, in accordance with such rules as it determines 
to be appropriate, reallocate such amount, consistent with such 
subsection, to other eligible entities in the State that the agency 
determines will use the amount to carry out that purpose. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1697 
"(d) REQUIRED RESERVATION.^A State educational agency 
receiving a grant under this subpart for a fiscal year— 
"(1) shall reserve not more than 15 percent of the agency's 
allotment under section 3111(c)(3) to award subgrants to 
eligible entities in the State that have experienced a significant 
increase, as compared to the average of the 2 preceding fiscal 
years, in the percentage or number of immigrant children and 
youth, who have enrolled, during the fiscal year preceding 
the fiscal year for which the subgrant is made, in public and 
nonpublic elementary schools and secondary schools in the 
geographic areas under the jurisdiction of, or served by, such 
entities; and 
"(2) in awarding subgrants under paragraph (1)— 
"(A) shall equally consider eligible entities that satisfy 
the requirement of such paragraph but have limited or 
no experience in serving immigrant children and youth; 
and 
"(B) shall consider the quality of each local plan under 
section 3116 and ensure that each subgrant is of sufficient 
size and scope to meet the purposes of this part. 
"SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 
20 USC 6825. 
"(a) PURPOSES OF SUBGRANTS.—^A State educational agency may 
make a subgrant to an eligible entity from funds received by the 
agency under this subpart only if the entity agrees to expend 
the funds to improve the education of limited English proficient 
children, by assisting the children to learn English and meet chal-
lenging State academic content and student academic achievement 
standards. In carrying out activities with such funds, the entity 
shall use approaches and methodologies based on scientifically 
based research on teaching limited English proficient children and 
immigrant children and youth for the following purposes: 
"(1) Developing and implementing new language instruc-
tion educational programs and academic content instruction 
programs for such children, and such children and youth, 
including programs of early childhood education, elementary 
school programs, and secondary school programs. 
"(2) Carrying out highly focused, 
innovative, locally 
designed activities to expand or enhance existing language 
instruction educational programs and academic content instruc-
tion programs for such children, and such children and youth. 
"(3) Implementing, within an individual school, schoolwide 
programs for restructuring, reforming, and upgrading all rel-
evant programs, activities, and operations relating to language 
instruction educational programs and academic content instruc-
tion for such children, and such children and youth. 
"(4) Implementing, within the entire jurisdiction of a local 
educational agency, agencywide programs for restructuring, 
reforming, and upgrading all relevant programs, activities, and 
operations relating to language instruction educational pro-
grams and academic content instruction for such children, and 
such children and youth. 
"(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the cost of administering this 
subpart. 
115 STAT. 1698 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(c) REQUIRED SUBGRANTEE ACTIVITIES.—^An eligible entity 
receiving funds under section 3114(a) shall use the funds— 
"(1) to increase the English proficiency of limited English 
proficient children by providing high-quality language instruc-
tion educational programs that are based on scientifically based 
research demonstrating the effectiveness of the programs in 
increasing— 
"(A) English proficiency; and 
"(B) student academic achievement in the core aca-
demic subjects; and 
"(2) to provide high-quality professional development to 
classroom teachers (including teachers in classroom settings 
that are not the settings of language instruction educational 
programs), principals, administrators, and other school or 
community-based organizational personnel, that is— 
"(A) designed to improve the instruction and assess-
ment of limited English proficient children; 
"(B) designed to enhance the ability of such teachers 
to understand and use curricula, assessment measures, 
and instruction strategies for limited English proficient 
children; 
"(C) based on scientifically based research dem-
onstrating the effectiveness of the professional development 
in increasing children's English proficiency or substantially 
increasing the subject matter knowledge, teaching knowl-
edge, and teaching skills of such teachers; and 
"(D) of sufficient intensity and duration (which shall 
not include activities such as one-day or short-term work-
shops and conferences) to have a positive and lasting 
impact on the teachers' performance in the classroom, 
except that this subparagraph shall not apply to an activity 
that is one component of a long-term, comprehensive profes-
sional development plan established by a teacher and the 
teacher's supervisor based on an assessment of the needs 
of the teacher, the supervisor, the students of the teacher, 
and any local educational agency employing the teacher. 
"(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to sub-
section (c), an eligible entity receiving funds under section 3114(a) 
may use the funds to achieve one of the purposes described in 
subsection (a) by undertaking one or more of the following activities: 
"(1) Upgrading program objectives and effective instruction 
strategies. 
"(2) Improving the instruction program for limited English 
proficient children by identifying, acquiring, and upgrading cur-
ricula, instruction materials, educational software, and assess-
ment procedures. 
"(3) Providing— 
"(A) tutorials and academic or vocational education 
for limited English proficient children; and 
"(B) intensified instruction. 
"(4) Developing and implementing elementary school or 
secondary school language instruction educational programs 
that are coordinated with other relevant programs and services. 
"(5) Improving the English proficiency and academic 
achievement of limited English proficient children. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1699 
"(6) Providing community participation programs, family 
literacy services, and parent outreach and training activities 
to limited English proficient children and their families— 
"(A) to improve the English language skills of limited 
English proficient children; and 
"(B) to assist parents in helping their children to 
improve their academic achievement and becoming active 
participants in the education of their children. 
"(7) Improving the instruction of limited English proficient 
children by providing for— 
"(A) the acquisition or development of educational tech-
nology or instructional materials; 
"(B) access to, and participation in, electronic networks 
for materials, training, and communication; and 
"(C) incorporation of the resources described in sub-
paragraphs (A) and (B) into curricula and programs, such 
as those funded under this subpart. 
"(8) Carrying out other activities that are consistent with 
the purposes of this section. 
"(e) 
ACTIVITIES BY AGENCIES 
EXPERIENCING SUBSTANTIAL 
INCREASES IN IMMIGRANT CHILDREN AND YOUTH.— 
"(1) IN GENERAL.—^An eligible entity receiving funds under 
section 3114(d)(1) shall use the funds to pay for activities 
that 
provide 
enhanced 
instructional 
opportunities 
for 
immigrant children and youth, which may include— 
"(A) family literacy, parent outreach, and training 
activities designed to assist parents to become active 
participants in the education of their children; 
"(B) support for personnel, including teacher aides who 
have been specifically trained, or are being trained, to 
provide services to immigrant children and youth; 
"(C) provision of tutorials, mentoring, and academic 
or career counseling for immigrant children and youth; 
"(D) identification and acquisition of curricular mate-
rials, educational software, and technologies to be used 
in the program carried out with funds; 
"(E) basic instruction services that are directly attrib-
utable to the presence in the school district involved of 
immigrant children and youth, including the payment of 
costs of providing additional classroom supplies, costs of 
transportation, or such other costs as are directly attrib-
utable to such additional basic instruction services; 
"(F) other instruction services that are designed to 
assist immigrant children and youth to achieve in 
elementary schools and secondary schools in the United 
States, such as programs of introduction to the educational 
system and civics education; and 
"(G) activities, coordinated with 
community-based 
organizations, institutions of higher education, private 
sector entities, or other entities with expertise in working 
with immigrants, to assist parents of immigrant children 
and youth by offering comprehensive community services. 
"(2) DURATION OF SUBGRANTS.—The duration of a subgrant 
made by a State educational agency under section 3114(d)(1) 
shall be determined by the agency in its discretion. 
"(f) SELECTION OF METHOD OF INSTRUCTION.— 
115 STAT. 1700 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) IN GENERAL.—To receive a subgrant from a State edu-
cational agency under this subpart, an eligible entity shall 
select one or more methods or forms of instruction to be used 
in the programs and activities undertaken by the entity to 
assist limited English proficient children to attain English pro-
ficiency and meet challenging State academic content and stu-
dent academic achievement standards. 
"(2) CONSISTENCY.—Such selection shall be consistent with 
sections 3125 through 3127. 
"(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made avail-
able under this subpart shall be used so as to supplement the 
level of Federal, State, and local public funds that, in the absence 
of such availability, would have been expended for programs for 
limited English proficient children and immigrant children and 
youth and in no case to supplant such Federal, State, and local 
public funds. 
20 use 6826. 
"SEC. 3116. LOCAL PLANS. 
"(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant 
from the State educational agency under section 3114 shall submit 
a plan to the State educational agency at such time, in such manner, 
and containing such information as the State educational agency 
may require. 
"(b) CONTENTS.—Each plan submitted under subsection (a) 
shall— 
"(1) describe the programs and activities proposed to be 
developed, implemented, and administered under the subgrant; 
"(2) describe how the eligible entity will use the subgrant 
funds to meet all annual measurable achievement objectives 
described in section 3122; 
"(3) describe how the eligible entity will hold elementary 
schools and secondary schools receiving funds under this sub-
part accountable for— 
"(A) meeting the annual measurable achievement 
objectives described in section 3122; 
"(B) making adequate yearly progress for limited 
English 
proficient 
children, 
as 
described 
in 
section 
1111(b)(2)(B); and 
"(C) annually measuring the English proficiency of lim-
ited English proficient children, so that such children 
served by the programs carried out under this part develop 
proficiency in English while meeting State academic con-
tent and student academic achievement standards as 
required by section 1111(b)(1); 
"(4) describe how the eligible entity will promote parental 
and community participation in programs for limited English 
proficient children; 
"(5) contain an assurance that the eligible entity consulted 
with teachers, researchers, school administrators, and parents, 
and, if appropriate, with education-related community groups 
and nonprofit organizations, and institutions of higher edu-
cation, in developing such plan; and 
"(6) describe how language instruction educational pro-
grams carried out under the subgrant will ensure that limited 
English proficient children being served by the programs 
develop English proficiency. 
,.,#55?3r»**' " '* ""•* 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1701 
"(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving 
a subgrant under section 3114 shall include in its plan a certifi-
cation that all teachers in any language instruction educational 
program for limited English proficient children that is, or will 
be, funded under this part are fluent in English and any other 
language used for instruction, including having written and oral 
communications skills. 
"(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan 
shall also contain assurances that— 
"(1) each local educational agency that is included in the 
eligible entity is complying with section 3302 prior to, and 
throughout, each school year; 
"(2) the eligible entity annually will assess the English 
proficiency of all children with limited English proficiency 
participating in programs funded under this part; 
"(3) the eligible entity has based its proposed plan on 
scientifically based research on teaching limited English pro-
ficient children; 
"(4) the eligible entity will ensure that the programs will 
enable children to speak, read, write, and comprehend the 
English language and meet challenging State academic content 
and student academic achievement standards; and 
"(5) the eligible entity is not in violation of any State 
law, including State constitutional law, regarding the education 
of limited English proficient children, consistent with sections 
3126 and 3127. 
"Subpart 2—^Accountability and Administration 
"SEC. 3121. EVALUATIONS. 
20 USC 6841. 
"(a) IN GENERAL.—Each eligible entity that receives a subgrant 
from a State educational agency under subpart 1 shall provide 
such agency, at the conclusion of every second fiscal year during 
which the subgrant is received, with an evaluation, in a form 
prescribed by the agency, that includes— 
"(1) a description of the programs and activities conducted 
by the entity with funds received under subpart 1 during the 
two immediately preceding fiscal years; 
"(2) a description of the progress made by children in 
learning the English language and meeting challenging State 
academic content and student academic achievement standards; 
"(3) the number and percentage of children in the programs 
and activities attaining English proficiency by the end of each 
school year, as determined by a valid and reliable assessment 
of English proficiency; and 
"(4) a description of the progress made by children in 
meeting challenging State academic content and student aca-
demic achievement standards for each of the 2 years after 
such children are no longer receiving services under this part. 
"(b) USE OF EVALUATION.—An evaluation provided by an eligible 
entity under subsection (a) shall be used by the entity and the 
State educational agency— 
"(1) for improvement of programs and activities; 
"(2) to determine the effectiveness of programs and activi-
ties in assisting children who are limited English proficient 
115 STAT. 1702 
PUBLIC LAW 107-110-^AN. 8, 2002 
to attain English proficiency (as measured consistent with sub-
section (d)) and meet challenging State academic content and 
student academic achievement standards; and 
"(3) in determining whether or not to continue funding 
for specific programs or activities. 
"(c) EVALUATION COMPONENTS.—^An evaluation provided by an 
eligible entity under subsection (a) shall— 
"(1) provide an evaluation of children enrolled in a program 
or activity conducted by the entity using funds under subpart 
1 (including the percentage of children) who— 
"(A) are making progress in attaining English pro-
ficiency, including the percentage of children who have 
achieved English proficiency; 
"(B) have transitioned into classrooms not tailored to 
limited English proficient children, and have a sufficient 
level of English proficiency to permit them to achieve in 
English and transition into classrooms not tailored to lim-
ited English proficient children; 
"(C) are meeting the same challenging State academic 
content and student academic achievement standards as 
all children are expected to meet; and 
"(D) are not receiving waivers for the reading or lan-
guage arts assessments under section 1111(b)(3)(C); and 
"(2) include such other information as the State educational 
agency may require. 
"(d) EVALUATION MEASURES.—A State shall approve evaluation 
measures for use under subsection (c) that are designed to assess— 
"(1) the progress of children in attaining English pro-
ficiency, including a child's level of comprehension, speaking, 
listening, reading, and writing skills in English; 
"(2) student attainment of challenging State student aca-
demic achievement standards on assessments described in sec-
tion 1111(b)(3); and 
"(3) progress in meeting the annual measurable achieve-
ment objectives described in section 3122. 
"(e) SPECIAL RULE FOR SPECL\LLY QUALIFIED AGENCIES.—Each 
specially qualified agency receiving a grant under this part shall 
provide the evaluations described in subsection (a) to the Secretary 
subject to the same requirements as apply to eligible entities pro-
viding such evaluations to State educational agencies under such 
subsection. 
20 use 6842. 
"SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY. 
"(a) ACHIEVEMENT OBJECTIVES.— 
"(1) IN GENERAL.—Each State educational agency or spe-
cially qualified agency receiving a grant under subpart 1 shall 
develop annual measurable achievement objectives for limited 
English proficient children served under this part that relate 
to such children's development and attainment of English pro-
ficiency while meeting challenging State academic content and 
student academic achievement standards as required by section 
1111(b)(1). 
"(2) DEVELOPMENT OF OBJECTIVES.—Such annual measur-
able achievement objectives shall be developed in a manner 
that— 
'I.-' :-,'':^-^w1^i^^^yr^'^ '-
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1703 
"(A) reflects the amount of time an individual child 
has been enrolled in a language instruction educational 
program; and 
"(B) uses consistent methods and measurements to 
reflect the increases described in subparagraphs (A)(i), 
(A)(ii), and (B) of paragraph (3). 
"(3) CONTENTS.—Such annual measurable achievement 
objectives— 
"(A) shall include— 
"(i) at a minimum, annual increases in the number 
or percentage of children making progress in learning 
English; 
"(ii) at a minimum, annual increases in the number 
or percentage of children attaining English proficiency 
by the end of each school year, as determined by a 
valid and reliable assessment of English proficiency 
consistent with section 1111(b)(7); and 
"(iii) making adequate yearly progress for limited 
English proficient children as described in section 
1111(b)(2)(B); and 
"(B) at the discretion of the agency, may include the 
number or percentage of children not receiving waivers 
for reading or language arts assessments under section 
1111(b)(3)(C), but this achievement objective shall not be 
applied to an eligible entity that, in a given school year— 
"(i) has experienced a large increase in limited 
English proficient children or immigrant children and 
youth; 
"(ii) enrolls a statistically significant number of 
immigrant children and youth from countries where 
such children and youth had little or no access to 
formal education; or 
"(iii) has a statistically significant number of 
immigrant children and youth who have fled from war 
or natural disaster. 
"(b) ACCOUNTABILITY.— 
"(1) FOR STATES.—Each State educational agency receiving 
a grant under subpart 1 shall hold eligible entities receiving 
a subgrant under such subpart accountable for meeting the 
annual measurable achievement objectives under subsection 
(a), including making adequate yearly progress for limited 
English proficient children. 
"(2) IMPROVEMENT PLAN.—If a State educational agency 
determines, based on the annual measurable achievement objec-
tives described in subsection (a), that an eligible entity has 
failed to make progress toward meeting such objectives for 
2 consecutive years, the agency shall require the entity to 
develop an improvement plan that will ensure that the entity 
meets such objectives. The improvement plan shall specifically 
address the factors that prevented the entity from achieving 
such objectives. 
"(3) TECHNICAL ASSISTANCE.—During the development of 
the improvement plan described in paragraph (2), and through-
out its implementation, the State educational agency shall— 
"(A) provide technical assistance to the eligible entity; 
"(B) provide technical assistance, if applicable, to 
schools served by such entity under subpart 1 that need 
115 STAT. 1704 
PUBLIC LAW 107-110-^AN. 8, 2002 
assistance to enable the schools to meet the annual measur-
able achievement objectives described in subsection (a); 
"(C) develop, in consultation with the entity, profes-
sional development strategies and activities, based on sci-
entifically based research, that the agency will use to meet 
such objectives; 
"(D) require such entity to utilize such strategies and 
activities; and 
"(E) develop, in consultation with the entity, a plan 
to incorporate strategies and methodologies, based on sci-
entifically based research, to improve the specific program 
or method of instruction provided to limited English pro-
ficient children. 
"(4) ACCOUNTABILITY.—If a State educational agency deter-
mines that an eligible entity has failed to meet the annual 
measurable achievement objectives described in subsection (a) 
for 4 consecutive years, the agency shall— 
"(A) require such entity to modify the entity's cur-
riculum, program, and method of instruction; or 
"(B)(i) make a determination whether the entity shall 
continue to receive funds related to the entity's failure 
to meet such objectives; and 
"(ii) require such entity to replace educational per-
sonnel relevant to the entity's failure to meet such objec-
tives. 
"(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The 
Secretary shall hold specially qualified agencies receiving a grant 
under this subpart accountable for meeting the annual measurable 
achievement objectives described in subsection (a) in the same 
manner as State educational agencies hold eligible entities account-
able under subsection (b). 
20 use 6843. 
"SEC. 3123. REPORTING REQUIREMENTS. 
Deadline. 
"(a) STATES.—Based upon the evaluations provided to a State 
educational agency under section 3121, each such agency that 
receives a grant under this part shall prepare and submit every 
second year to the Secretary a report on programs and activities 
carried out by the State educational agency under this part and 
the effectiveness of such programs and activities in improving the 
education provided to children who are limited English proficient. 
"(b) SECRETARY.—Every second year, the Secretary shall pre-
pare and submit to the Committee on Education and the Workforce 
of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report— 
"(1) on programs and activities carried out to serve limited 
English proficient children under this part, and the effective-
ness of such programs and activities in improving the academic 
achievement and English proficiency of children who are limited 
English proficient; 
"(2) on the tjpes of language instruction educational pro-
grams used by local educational agencies or eligible entities 
receiving funding under this part to teach limited English 
proficient children; 
"(3) containing a critical synthesis of data reported by 
eligible entities to States under section 3121(a); 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1705 
"(4) containing a description of technical assistance and 
other assistance provided by State educational agencies under 
section 3111(b)(2)(C); 
"(5) containing an estimate of the number of certified or 
licensed teachers working in language instruction educational 
programs and educating limited English proficient children, 
and an estimate of the number of such teachers that will 
be needed for the succeeding 5 fiscal years; 
"(6) containing the major findings of scientifically based 
research carried out under this part; 
"(7) containing the number of programs or activities, if 
any, that were terminated because the entities carrying out 
the programs or activities were not able to reach program 
goals; 
"(8) containing the number of limited English proficient 
children served by eligible entities receiving funding under 
this part who were transitioned out of language instruction 
educational programs funded under this part into classrooms 
where instruction is not tailored for limited English proficient 
children; and 
"(9) containing other information gathered from the evalua-
tions from specially qualified agencies and other reports sub-
mitted to the Secretary under this title when applicable. 
"SEC. 3124. COORDINATION WITH RELATED PROGRAMS. 
20 USC 6844. 
"In order to maximize Federal efforts aimed at serving the 
educational needs of children of limited English proficiency, the 
Secretary shall coordinate and ensure close cooperation with other 
entities carrying out programs serving language-minority and lim-
ited English proficient children that are administered by the Depart-
ment and other agencies. 
"SEC. 3125. RULES OF CONSTRUCTION. 
20 USC 6845. 
"Nothing in this part shall be construed— 
"(1) to prohibit a local educational agency from serving 
limited English proficient children simultaneously with children 
with similar educational needs, in the same educational settings 
where appropriate; 
"(2) to require a State or a local educational agency to 
establish, continue, or eliminate any particular type of instruc-
tional program for limited English proficient children; or 
"(3) to limit the preservation or use of Native American 
languages. 
"SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. 
20 USC 6846. 
"Nothing in this part shall be construed to negate or supersede 
State law, or the legal authority under State law of any State 
agency. State entity, or State public official, over programs that 
are under the jurisdiction of the State agency, entity, or official. 
"SEC. 3127. CIVIL RIGHTS. 
20 USC 6847. 
"Nothing in this part shall be construed in a manner incon-
sistent with any Federal law guaranteeing a civil right. 
"SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 
20 USC 6848. 
"Notwithstanding any other provision of this part, programs 
authorized under this part that serve Native American (including 
Native American Pacific Islander) children and children in the 
115 STAT. 1706 
PUBLIC LAW 107-110—JAN. 8, 2002 
20 u s e 6849. 
20 u s e 6861. 
20 u s e 6871. 
Improving 
Language 
Instruction 
Educational 
Programs For 
Academic 
Achievement Act. 
Children, youth, 
and families. 
Native 
Americans. 
Grants. 
20 u s e 6891. 
Commonwealth of Puerto Rico may include programs of instruction, 
teacher training, curriculum development, evaluation, and assess-
ment designed for Native American children learning and studying 
Native American languages and children of limited Spanish pro-
ficiency, except that an outcome of programs serving such children 
shall be increased English proficiency among such children. 
«SEC. 3129. PROHIBITION. 
"In carrying out this part, the Secretary shall neither mandate 
nor preclude the use of a particular curricular or pedagogical 
approach to educating limited English proficient children. 
"Subpart 3—National Activities 
"SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. 
"The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a period 
of not more than 5 years, to institutions of higher education (in 
consortia with State educational agencies or local educational agen-
cies) to provide for professional development activities that will 
improve classroom instruction for limited English proficient children 
and assist educational personnel working with such children to 
meet high professional standards, including standards for certifi-
cation and licensure as teachers who work in language instruction 
educational programs or serve limited English proficient children. 
Grants awarded under this subsection may be used— 
"(1) for preservice professional development programs that 
will assist local schools and institutions of higher education 
to upgrade the qualifications and skills of educational personnel 
who are not certified or licensed, especially educational para-
professionals; 
"(2) for the development of curricula appropriate to the 
needs of the consortia participants involved; and 
"(3) in conjunction with other Federal need-based student 
financial assistance programs, for financial assistance, and costs 
related to tuition, fees, and books for enrolling in courses 
required to complete the degree involved, to meet certification 
or licensing requirements for teachers who work in language 
instruction educational programs or serve limited English pro-
ficient children, 
"Subpart 4—Definitions 
"SEC. 3141. ELIGIBLE ENTITY. 
"In this part, the term 'eligible entity* means— 
"(1) one or more local educational agencies; or 
"(2) one or more local educational agencies, in collaboration 
with an institution of higher education, community-based 
organization, or State educational agency. 
"PART B—IMPROVING LANGUAGE 
INSTRUCTION EDUCATIONAL PROGRAMS 
"SEC. 3201. SHORT TITLE. 
"This part may be cited as the 'Improving Language Instruction 
Educational Programs For Academic Achievement Act'. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1707 
"SEC. 3202. PURPOSE. 
20 USC 6892. 
"The purpose of this part is to help ensure that Hmited EngUsh 
proficient children master English and meet the same rigorous 
standards for academic achievement as all children are expected 
to meet, including meeting challenging State academic content and 
student academic achievement standards by— 
"(1) promoting systemic improvement and reform of, and 
developing accountability systems for, educational programs 
serving limited English proficient children; 
"(2) developing language skills and multicultural under-
standing; 
"(3) developing the English proficiency of limited English 
proficient children and, to the extent possible, the native lan-
guage skills of such children; 
"(4) providing similar assistance to Native Americans with 
certain modifications relative to the unique status of Native 
American languages under Federal law; 
"(5) developing data collection and dissemination, research, 
materials, and technical assistance that are focused on school 
improvement for limited English proficient children; and 
"(6) developing programs that strengthen and improve the 
professional training of educational personnel who work with 
limited English proficient children. 
"SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL. 
20 USC 6893. 
"(a) ELIGIBLE ENTITIES.—For the purpose of carrying out pro-
grams under this part for individuals served by elementary schools, 
secondary schools, and postsecondary schools operated predomi-
nately for Native American (including Alaska Native) children and 
youth, an Indian tribe, a tribally sanctioned educational authority, 
a Native Hawaiian or Native American Pacific Islander native 
language education organization, or an elementary school or sec-
ondary school that is operated or funded by the Bureau of Indian 
Affairs shall be considered to be a local educational agency. 
"(b) APPLICATION.—Notwithstanding any other provision of this 
part, each tribe, authority, organization, or school described in 
subsection (a) shall submit any application for assistance under 
this part directly to the Secretary along with timely comments 
on the need for the program proposed in the application. 
"SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCI- 
20 USC 6894. 
ATED STATES. 
"For the purpose of carrying out programs under this part 
in the outlying areas, the term 'local educational agency' includes 
public institutions or agencies whose mission is the preservation 
and maintenance of native languages. 
"Subpart 1—Program Development and 
Enhancement 
"SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION 
20 USC 6911. 
EDUCATIONAL PROGRAMS. 
"The purpose of this subpart is to assist local educational 
agencies, institutions of higher education, and community-based 
organizations, through the grants authorized under sections 3212 
and 3213— 
115 STAT. 1708 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) to develop and enhance their capacity to provide high-
quahty instruction through language instruction educational 
programs or special alternative instruction programs to limited 
English proficient children; and 
"(2) to help such children— 
"(A) develop English proficiency and, to the extent 
possible, proficiency in their native language; and 
"(B) meet the same challenging State academic content 
and student academic achievement standards as all chil-
dren are expected to meet under section 1111(b)(1). 
20 use 6912. 
"SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES. 
"(a) PROGRAM AUTHORIZED.— 
"(1) AUTHORITY.— 
"(A) IN GENERAL.—The Secretary is authorized to 
award grants to eligible entities having applications 
approved under section 3214 to enable such entities to 
provide innovative, locally designed, high-quality instruc-
tion to limited English proficient children, by expanding, 
developing, or strengthening language instruction edu-
cational programs or special alternative instruction pro-
grams. 
"(B) PERIOD.—Each grant awarded under this section 
shall be awarded for a period of 3 years. 
"(2) AUTHORIZED ACTIVITIES.— 
"(A) MANDATORY ACTIVITIES.—Grants awarded under 
this section shall be used for— 
"(i) 
developing, 
implementing, 
expanding, 
or 
enhancing comprehensive preschool, elementary, or 
secondary education programs for limited English pro-
ficient children, that are— 
"(I) aligned with State and local academic con-
tent and student academic achievement standards, 
and local school reform efforts; and 
"(II) coordinated with related academic serv-
ices for children; 
"(ii) providing high-quality professional develop-
ment to classroom teachers, administrators, and other 
school or community-based organization personnel to 
improve the instruction and assessment of limited 
English proficient children; and 
"(iii) annually assessing the English proficiency 
of all limited English proficient children served by 
activities carried out under this section. 
"(B) PERMISSIBLE ACTIVITIES.—Grants awarded under 
this section may be used for— 
"(i) implementing programs to upgrade the reading 
and other academic skills of limited English proficient 
children; 
"(ii) developing accountability systems to monitor 
the academic progress of limited English proficient and 
formerly limited English proficient children; 
"(iii) implementing family education programs and 
parent outreach and training activities designed to 
assist parents to become active participants in the 
education of their children; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1709 
"(iv) improving the instruction programs for lim-
ited 
English 
proficient 
children 
by 
identifying, 
acquiring, and applying effective curricula, instruction 
materials (including materials provided through tech-
nology), and assessments that are all aligned with 
State and local standards; 
"(v) providing intensified instruction, including 
tutorials and academic, or vocational and technical, 
training, for limited English proficient children; 
"(vi) adapting best practice models for meeting 
the needs of limited English proficient children; 
"(vii) assisting limited English proficient children 
with disabilities; 
"(viii) implementing applied learning activities 
such as service learning to enhance and support com-
prehensive 
elementary 
and 
secondary 
language 
instruction educational programs; 
"(ix) acquiring or developing education technology 
or instruction materials for limited English proficient 
children, including materials in languages other than 
English; 
"(x) participating in electronic networks for mate-
rials, training, and communication, and incorporating 
information derived from such participation in cur-
ricula and programs; and 
"(xi) carrying out such other activities related to 
the purpose of this part as the Secretary may approve. 
"(b) PRIORITY.—In awarding grants under this section, the Sec-
retary may give priority to an entity that— 
"(1) serves a school district— 
"(A) that has a total district enrollment that is less 
than 10,000 students; or 
"(B) with a large percentage or number of limited 
English proficient children; and 
"(2) has limited or no experience in serving limited English 
proficient children. 
"(c) ELIGIBLE ENTITY.—In this section, the term 'eligible entity' 
means— 
"(1) one or more local educational agencies; 
"(2) one or more local educational agencies in collaboration 
with an institution of higher education, community-based 
organization, or State educational agency; or 
"(3) a community-based organization or an institution of 
higher education that has an application approved by the local 
educational agency to participate in programs carried out under 
this subpart by enhancing early childhood education or family 
education programs or conducting instruction programs that 
supplement the educational services provided by a local edu-
cational agency. 
"SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWmE IMPROVE- 
20USC6913. 
MENT ACTIVITIES. 
"(a) PROGRAM AUTHORIZED.— 
"(1) AUTHORITY.—The Secretary is authorized to award 
grants to eligible entities having applications approved under 
section 3214 to enable such entities to develop and implement 
language instruction educational programs, and improve. 
115 STAT. 1710 
PUBLIC LAW 107-110-^AN. 8, 2002 
reform, or upgrade programs or operations that serve significant 
percentages or numbers of limited English proficient children. 
"(2) MANDATORY ACTIVITIES.—Grants awarded under this 
section shall be used for— 
"(A) improving 
instruction 
programs 
for 
limited 
English proficient children by acquiring and upgrading cur-
ricula and related instruction materials; 
"(B) aligning the activities carried out under this sec-
tion with State and local school reform efforts; 
"(C) providing training, aligned with State and local 
standards, to school personnel and participating commu-
nity-based organization personnel to improve the instruc-
tion and assessment of limited English proficient children; 
"(D) developing and implementing plans, coordinated 
with plans for programs carried out under title II of the 
Higher Education Act of 1965 (where applicable), and title 
II of this Act (where applicable), to recruit teachers trained 
to serve limited English proficient children; 
"(E) implementing culturally and linguistically appro-
priate family education programs, or parent outreach and 
training activities, that are designed to assist parents of 
limited English proficient children to become active partici-
pants in the education of their children; 
"(F) coordinating the activities carried out under this 
section with other programs, such as programs carried 
out under this title; 
"(G) providing services to meet the full range of the 
educational needs of limited English proficient children; 
"(H) annually assessing the English proficiency of all 
limited English proficient children served by the activities 
carried out under this section; and 
"(I) developing or improving accountability systems to 
monitor the academic progress of limited English proficient 
children. 
"(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this 
section may be used for— 
"(A) implementing programs to upgrade reading and 
other academic skills of limited English proficient children; 
"(B) developing and using educational technology to 
improve learning, assessments, and accountability to meet 
the needs of limited English proficient children; 
"(C) implementing scientifically based research pro-
grams to meet the needs of limited English proficient chil-
dren; 
"(D) providing tutorials and academic, or vocational 
and technical, training for limited English proficient chil-
dren; 
"(E) developing and implementing State and local aca-
demic content and student academic achievement stand-
ards for learning English as a second language, as well 
as for learning other languages; 
"(F) developing and implementing programs for limited 
English proficient children to meet the needs of changing 
populations of such children; 
"(G) implementing policies to ensure that limited 
English proficient children have access to other education 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1711 
programs (other than programs designed to address limited 
English proficiency); 
"(H) assisting limited English proficient children with 
disabilities; 
"(I) developing and implementing programs to help 
children become proficient in English and other languages; 
"(J) acquiring or developing education technology or 
instruction materials for limited English proficient chil-
dren, including materials in languages other than English; 
"(K) participating in electronic networks for materials, 
training, and communication and incorporating information 
derived from such participation in curricula and programs; 
and 
"(L) carrying out such other activities related to the 
purpose of this part as the Secretary may approve. 
"(4) SPECIAL RULE.— 
"(A) PLANNING.—^A recipient of a grant under this sec-
tion, before carrying out activities under this section, shall 
plan, train personnel, develop curricula, and acquire or 
develop materials, but shall not use funds made available 
under this section for planning purposes for more than 
45 days. 
"(B) 
COMMENCEMENT OF ACTIVITIES.—The recipient 
shall commence carrying out activities under this section 
not later than the later o
f
— 
"(i) the beginning of the first school year that 
begins after the grant is received; or 
"(ii) 30 days after the date of receipt of the grant. 
"(b) AVAILABILITY OF APPROPRIATIONS.— 
"(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.— 
"(A) COVERED GRANT.—In this paragraph, the term 
'covered grant' means a grant— 
"(i) that was awarded under section 7112, 7113, 
7114, or 7115 (as such sections were in effect on the 
day before the date of enactment of the No Child 
Left Behind Act of 2001); and 
"(ii) for which the grant period has not ended. 
"(B) RESERVATION.—For any fiscal year that is part 
of the grant period of a covered grant, the Secretary shall 
reserve funds for the payments described in subparagraph 
(C) from the amount appropriated for the fiscal year under 
section 3001(a) and made available for carrying out this 
section. 
"(C) PAYMENTS.—The Secretary shall continue to make 
grant payments to each entity that received a covered 
grant, in accordance with the terms of that grant, for 
the duration of the grant period of the grant, to carry 
out activities in accordance with the appropriate section 
described in subparagraph (A)(i). 
"(2) AVAILABILITY.—Of the amount appropriated for a fiscal 
year under section 3001(a) that is made available to carry 
out this section, and that remains after the Secretary reserves 
funds for payments under paragraph (1)— 
"(A) not less than one-third of the remainder shall 
be used to award grants to eligible entities for activities 
carried out within an entire school district; and 
115 STAT. 1712 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) not less than two-thirds of the remainder shall 
be used to award grants to eligible entities for activities 
carried out within individual schools. 
"(c) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to an applicant that— 
"(1) experiences a significant increase in the number or 
percentage of limited English proficient children enrolled in 
the applicant's programs and has limited or no experience 
in serving limited English proficient children; 
"(2) is a local educational agency that serves a school 
district that has a total district enrollment that is less than 
10,000 students; 
"(3) demonstrates that the applicant has a proven track 
record of success in helping limited English proficient children 
learn English and meet high academic standards; or 
"(4) serves a school district with a large number or percent-
age of limited English proficient children. 
"(d) ELIGIBLE ENTITIES.—In this section, the term 'eligible 
entity' means— 
"(1) one or more local educational agencies; or 
"(2) one or more local educational agencies, in collaboration 
with an institution of higher education, community-based 
organization, or State educational agency. 
20 use 6914. 
"SEC. 3214. APPLICATIONS. 
"(a) IN GENERAL.— 
"(1) SECRETARY.—To receive a grant under this subpart, 
an eligible entity described in section 3212 or 3213 shall submit 
an application to the Secretary at such time, in such form, 
and containing such information as the Secretary may require. 
Records. 
"(2) STATE EDUCATIONAL AGENCY.—The eligible entity, with 
the exception of schools funded by the Bureau of Indian Affairs, 
shall submit a copy of the application submitted by the entity 
under this section to the State educational agency. 
"(b) STATE REVIEW AND COMMENTS.— 
"(1) DEADLINE.—The State educational agency, not later 
than 45 days after receipt of an application under this section, 
shall review the application and submit the written comments 
of the agency regarding the application to the Secretary. 
"(2) COMMENTS.— 
"(A) SUBMISSION OF COMMENTS.—Regarding applica-
tions submitted under this subpart, the State educational 
agency shall— 
"(i) submit to the Secretary written comments 
regarding all such applications; and 
"(ii) submit to each eligible entity the comments 
that pertain to such entity. 
"(B) SUBJECT.—For purposes of this subpart, such com-
ments shall address— 
"(i) how the activities to be carried out under the 
grant will further the academic achievement and 
English proficiency of limited English proficient chil-
dren served under the grant; and 
"(ii) how the grant application is consistent with 
the State plan required under section 1111. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1713 
"(c) ELIGIBLE 
ENTITY COMMENTS.—^An eligible entity may 
submit to the Secretary comments that address the comments sub-
mitted by the State educational agency. 
"(d) COMMENT CONSIDERATION.—In making grants under this 
subpart, the Secretary shall take into consideration comments made 
by State educational agencies. 
"(e) WAIVER.—Notwithstanding subsection (b), the Secretary 
is authorized to waive the review requirement specified in sub-
section (b) if a State educational agency can demonstrate that 
such review requirement may impede such agency's ability to fulfill 
the requirements of participation in the program authorized in 
section 3224, particularly such agency's ability to carry out data 
collection efforts and such agency's ability to provide technical 
assistance to local educational agencies not receiving funds under 
this subpart. 
"(f) REQUIRED DOCUMENTATION.—Such application shall include 
documentation that— 
"(1) the applicant has the qualified personnel required to 
develop, administer, and implement the program proposed in 
the application; and 
"(2) the leadership personnel of each school participating 
in the program have been involved in the development and 
planning of the program in the school. 
"(g) CONTENTS.— 
"(1) IN GENERAL.—^An application for a grant under this 
subpart shall contain the following: 
"(A) A description of the need for the proposed program, 
including— 
"(i) data on the number of limited English pro-
ficient children in the school or school district to be 
served; 
"(ii) information on the characteristics of the chil-
dren, including— 
"(I) the native languages of the children; 
"(II) the proficiency of the children in English 
and their native language; 
"(III) achievement data (current as of the date 
of submission of the application) for the limited 
English proficient children in— 
"(aa) reading or language arts (in English 
and in the native language, if applicable); and 
"(bb) mathematics; 
"(IV) a comparison of that data for the children 
with that data for the English proficient peers 
of the children; and 
"(V) the previous schooling experiences of the 
children; 
"(iii) the professional development needs of the 
instruction personnel who will provide services for the 
limited English proficient children under the proposed 
program; and 
"(iv) how the services provided through the grant 
will supplement the basic services provided to limited 
English proficient children. 
"(B) A description of the program to be implemented 
and how such program's design— 
115 STAT. 1714 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(i) relates to the linguistic and academic needs 
of the limited English proficient children to be served; 
"(ii) will ensure that the services provided through 
the program will supplement the basic services the 
applicant provides to limited English proficient chil-
dren; 
"(iii) will ensure that the program is coordinated 
with other programs under this Act and other Acts; 
"(iv) involves the parents of the limited English 
proficient children to be served; 
"(v) ensures accountability in achieving high aca-
demic standards; and 
"(vi) promotes coordination of services for the lim-
ited English proficient children to be served and their 
families. 
"(C) A description, if appropriate, of the applicant's 
collaborative activities with institutions of higher edu-
cation, community-based organizations, local educational 
agencies or State educational agencies, private schools, non-
profit organizations, or businesses in carrying out the pro-
posed program. 
"(D) An assurance that the applicant will not reduce 
the level of State and local funds that the applicant expends 
for language instruction educational programs or special 
alternative instruction programs if the applicant receives 
an award under this subpart. 
"(E) An assurance that the applicant will employ 
teachers in the proposed program who, individually or in 
combination, are proficient in— 
"(i) English, with respect to written, as well as 
oral, communication skills; and 
"(ii) the native language of the majority of the 
children who the teachers teach, if instruction in the 
program is in the native language as well as English. 
"(F) A budget for the grant funds. 
"(2) ADDITIONAL INFORMATION.—Each application for a 
grant under section 3213 shall— 
"(A) describe— 
"(i) current services (as of the date of submission 
of the application) the applicant provides to limited 
English proficient children; 
"(ii) what services limited English proficient chil-
dren will receive under the grant that such children 
will not otherwise receive; 
"(iii) how funds received under this subpart will 
be integrated with all other Federal, State, local, and 
private resources that may be used to serve limited 
English proficient children; 
"(iv) specific achievement and school retention 
goals for the children to be served by the proposed 
program and how progress toward achieving such goals 
will be measured; and 
"(v) the current family education programs (as of 
the date of submission of the application) of the eligible 
entity, if applicable; and 
"(B) provide assurances that— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1715 
"(i) the program funded with the grant will be 
integrated with the overall educational program of the 
children served through the proposed program; and 
"(ii) the application has been developed in consulta-
tion with parents and other representatives of the chil-
dren to be served in such program. 
"(h) APPROVAL OF APPLICATIONS.—^An application for a grant 
under this subpart may be approved only if the Secretary deter-
mines that— 
"(1) the program proposed in the application will use quali-
fied personnel, including personnel who are proficient in the 
language or languages used for instruction; 
"(2) in designing the program, the eligible entity has, after 
consultation with appropriate private school officials— 
"(A) taken into account the needs of children in non-
profit private elementary schools and secondary schools; 
and 
"(B) in a manner consistent with the number of such 
children enrolled in such schools in the area to be served, 
whose educational needs are of the type and whose lan-
guage, and grade levels are of a similar type to the needs, 
language, and grade levels that the program is intended 
to address, provided for the participation of such children 
on a basis comparable to the basis on which public school 
children participate; 
"(3)(A) student evaluation and assessment procedures in 
the program are valid and reliable for limited English proficient 
children; and 
"(B) limited English proficient children with disabilities 
will be identified and served through the program in accordance 
with the requirements of the Individuals with Disabilities Edu-
cation Act; 
"(4) Federal funds made available for the program will 
be used to supplement the State and local funds that, in the 
absence of such Federal funds, would be expended for special 
programs for children of limited English proficient individuals, 
and in no case to supplant such State and local funds, except 
that nothing in this paragraph shall be construed to preclude 
a local educational agency from using funds made available 
under this subpart— 
"(A) for activities carried out under an order of a Fed-
eral or State court respecting services to be provided to 
such children; or 
"(B) to carry out a plan approved by the Secretary 
as adequate under title VI of the Civil Rights Act of 1964 
with respect to services to be provided to such children; 
"(5)(A) the assistance provided through the grant will con-
tribute toward building the capacity of the eligible entity to 
provide a program on a regular basis, similar to the proposed 
program, that will be of sufficient size, scope, and quality 
to promise significant improvement in the education of limited 
English proficient children; and 
"(B) the eligible entity will have the resources and commit-
ment to continue the program of sufficient size, scope, and 
quality when assistance under this subpart is reduced or no 
longer available; and 
115 STAT. 1716 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(6) the eligible entity will use State and national dissemi-
nation sources for program design and dissemination of results 
and products. 
"(i) CONSIDERATION.—In determining whether to approve an 
application under this subpart, the Secretary shall give consider-
ation to— 
"(1) the degree to which the program for which assistance 
is sought involves the collaborative efforts of institutions of 
higher education, community-based organizations, the appro-
priate local educational agency and State educational agency, 
or businesses; and 
"(2) whether the application provides for training for per-
sonnel participating in, or preparing to participate in, a pro-
gram that will assist such personnel in meeting State and 
local certification requirements. 
20 use 6915. 
"SEC. 3215. CAPACITY BUILDING. 
"Each recipient of a grant under this subpart shall use the 
grant in ways that will build such recipient's capacity to continue 
to offer high-quality language instruction educational programs and 
special alternative instruction programs to limited English pro-
ficient children after Federal assistance is reduced or eliminated. 
20 use 6916. 
"SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 
"Notwithstanding any other provision of this part, programs 
authorized under this 
subpart that 
serve Native American 
(including Native American Pacific Islander) children and children 
in the Commonwealth of Puerto Rico may include programs of 
instruction, teacher training, curriculum development, evaluation, 
and assessment designed for Native American children learning 
and studying Native American languages and children of limited 
Spanish proficiency, except that an outcome of programs serving 
such children shall be increased English proficiency among such 
children. 
20 use 6917. 
"SEC. 3217. EVALUATIONS. 
Reports. 
"(a) EVALUATION.—Each recipient of funds under this subpart 
for a program shall annually conduct an evaluation of the program 
and submit to the Secretary a report concerning the evaluation, 
in the form prescribed by the Secretary. 
"(b) USE OF EVALUATION.—Such evaluation shall be used by 
the grant recipient— 
"(1) for program improvement; 
"(2) to further define the program's goals and objectives; 
and 
"(3) to determine program effectiveness. 
"(c) 
EVALUATION REPORT COMPONENTS.—In preparing the 
evaluation reports, the recipient shall— 
"(1) use the data provided in the application submitted 
by the recipient under section 3214 as baseline data against 
which to report academic achievement and gains in English 
proficiency for children in the program; 
"(2) disaggregate the results of the evaluation by gender, 
native languages spoken by children, socioeconomic status, and 
whether the children have disabilities; 
"(3) include data on the progress of the recipient in 
achieving the objectives of the program, including data dem-
onstrating the extent to which children served by the program 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1717 
are meeting the challenging State academic content and student 
academic achievement standards, and including data comparing 
limited English proficient children with English proficient chil-
dren with regard to school retention and academic achievement 
concerning— 
"(A) reading and language arts; 
"(B) English proficiency; 
"(C) mathematics; and 
"(D) the native language of the children, if the program 
develops native language proficiency; 
"(4) include information on the extent that professional 
development activities carried out through the program have 
resulted in improved classroom practices and improved student 
academic achievement; 
lude a description of how the activities carried out through 
the program are coordinated and integrated with the other 
Federal, State, or local programs serving limited English pro-
ficient children; and 
"(6) include such other information as the Secretary may 
require. 
"SEC. 3218. CONSTRUCTION. 
20USC6918. 
"Nothing in this subpart shall be construed to prohibit a local 
educational agency from serving limited English proficient children 
simultaneously with children with similar educational needs, in 
the same educational settings where appropriate. 
"Subpart 2—Research, Evaluation, and 
Dissemination 
"SEC. 3221. AUTHORITY. 
20 USC 6931. 
"(a) IN GENERAL.—The Secretary is authorized to conduct data 
collection, dissemination, research, and ongoing program evaluation 
activities in accordance with the provisions of this subpart for 
the purpose of improving language instruction educational programs 
and special alternative instruction programs for limited English 
proficient children. 
"(b) COMPETITIVE AWARDS.—Research and program evaluation 
activities carried out under this subpart shall be supported through 
competitive grants, contracts, and cooperative agreements awarded 
to institutions of higher education, nonprofit organizations. State 
educational agencies, and local educational agencies. 
"(c) ADMINISTRATION.—The Secretary shall conduct data collec-
tion, dissemination, and ongoing program evaluation activities 
authorized by this subpart through the Office of English Language 
Acquisition, Language Enhancement, and Academic Achievement 
for Limited English Proficient Students. 
"SEC. 3222. RESEARCH. 
20 USC 6932. 
"(a) ADMINISTRATION.—The Secretary shall conduct research 
activities authorized by this subpart through the Office of Edu-
cational Research and Improvement in coordination and collabora-
tion with the Office of English Language Acquisition, Language 
Enhancement, and Academic Achievement for Limited English Pro-
ficient Students. 
"(b) REQUIREMENTS.—Such research activities— 
115 STAT. 1718 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) shall have a practical application to teachers, coun-
selors, paraprofessionals, school administrators, parents, and 
others involved in improving the education of limited English 
proficient children and their families; 
"(2) may include research on effective instruction practices 
for multilingual classes, and on effective instruction strategies 
to be used by a teacher or other staff member who does not 
know the native language of a limited English proficient child 
in the teacher's or staff member's classroom; 
"(3) may include establishing (through the National Center 
for Education Statistics in consultation with experts in second 
language acquisition and scientifically based research on 
teaching limited English proficient children) a common defini-
tion of 'limited English proficient child' for purposes of national 
data collection; and 
"(4) shall be administered by individuals with expertise 
in second language acquisition, scientifically based research 
on teaching limited English proficient children, and the needs 
of limited English proficient children and their families. 
"(c) FIELD-INITIATED RESEARCH.— 
"(1) IN GENERAL.—The Secretary shall reserve not less 
than 5 percent of the funds made available to carry out this 
section for field-initiated research conducted by recipients of 
grants under subpart 1 or this subpart who have received 
such grants within the previous 5 years. Such research may 
provide for longitudinal studies of limited English proficient 
children or teachers who serve such children, monitoring the 
education of such children from entry into language instruction 
educational programs through secondary school completion. 
"(2) APPLICATIONS.—^An applicant for assistance under this 
subsection may submit an application for such assistance to 
the Secretary at the same time as the applicant submits another 
application under subpart 1 or this subpart. The Secretary 
shall complete a review of such applications on a timely basis 
to allow the activities carried out under research and program 
grants to be coordinated when recipients are awarded two 
or more of such grants. 
"(d) CONSULTATION.—The Secretary shall consult with agencies, 
organizations, and individuals that are engaged in research and 
practice on the education of limited English proficient children, 
language instruction educational programs, or related research, to 
identify areas of study and activities to be funded under this section. 
"(e) DATA COLLECTION.—The Secretary shall provide for the 
collection of data on limited English proficient children as part 
of the data systems operated by the Department. 
20 use 6933. 
"SEC. 3223. ACADEMIC EXCELLENCE AWARDS. 
"(a) AUTHORITY.—The Secretary may make grants to State 
educational agencies to assist the agencies in recognizing local 
educational agencies and other public and nonprofit entities whose 
programs have— 
"(1) demonstrated significant progress in assisting limited 
English proficient children to learn English according to age 
appropriate and developmentally appropriate standards; and 
"(2) demonstrated significant progress in assisting limited 
English proficient children to meet, according to age appropriate 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1719 
and developmentally appropriate standards, the same chal-
lenging State academic content and student academic achieve-
ment standards as all children are expected to meet. 
"(b) APPLICATIONS.—^A State educational agency desiring a 
grant under this section shall include an application for such grant 
in the application submitted by the agency under section 3224(e). 
"SEC. 3224. STATE GRANT PROGRAM. 
20USC6934. 
"(a) STATE GRANT PROGRAM.—The Secretary is authorized to 
make an award to a State educational agency that demonstrates, 
to the satisfaction of the Secretary, that such agency, through 
such agency's programs and other Federal education programs, 
effectively provides for the education of limited English proficient 
children within the State. 
"(b) PAYMENTS.—The amount paid to a State educational agency 
under subsection (a) shall not exceed 5 percent of the total amount 
awarded to local educational agencies and entities within the State 
under subpart 1 for the previous fiscal year, except that in no 
case shall the amount paid by the Secretary to any State educational 
agency under this subsection for any fiscal year be less than 
$100,000. 
"(c) USE OF FUNDS.— 
"(1) IN GENERAL.—^A State educational agency shall use 
funds awarded under this section— 
"(A) to assist local educational agencies in the State 
with activities that— 
"(i) consist of program design, capacity building, 
assessment of student academic achievement, program 
evaluation, and development of data collection and 
accountability systems for limited English proficient 
children; and 
"(ii) are aligned with State reform efforts; and 
"(B) to collect data on the State's limited English pro-
ficient populations and document the services available 
to all such populations. 
"(2) TRAINING.—The State educational agency may also 
use funds provided under this section for the training of State 
educational agency personnel in educational issues affecting 
limited English proficient children. 
"(3) SPECIAL RULE.—Recipients of funds under this section 
shall not restrict the provision of services under this section 
to federally funded programs. 
"(d) 
STATE 
CONSULTATION.—^A 
State 
educational 
agency 
receiving funds under this section shall consult with recipients 
of grants under this subpart and other individuals or organizations 
involved in the development or operation of programs serving lim-
ited English proficient children to ensure that such funds are used 
in a manner consistent with the requirements of this subpart. 
"(e) APPLICATIONS.—^A State educational agency desiring to 
receive funds under this section shall submit an application to 
the Secretary at such time, in such form, and containing such 
information and assurances as the Secretary may require. 
"(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made avail-
able under this section for any fiscal year shall be used by the 
State educational agency to supplement and, to the extent practical, 
to increase the State funds that, in the absence of such Federal 
115 STAT. 1720 
PUBLIC LAW 107-110-JAN. 8, 2002 
funds, would be made available for the purposes described in this 
section, and in no case to supplant such State funds. 
"(g) REPORT TO THE SECRETARY.—^A State educational agency 
receiving an award under this section shall provide for the annual 
submission of a summary report to the Secretary describing such 
State's use of the funds made available through the award. 
20 use 6935. 
"SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT. 
"(a) IN GENERAL.—The Secretary may make grants for the 
development, publication, and dissemination of high-quality instruc-
tion materials— 
"(1) in Native American languages (including Native 
Hawaiian languages and the language of Native American 
Pacific Islanders), and the language of natives of the outlying 
areas, for which instruction materials are not readily available; 
and 
"(2) in other low-incidence languages in the United States 
for which instruction materials are not readily available. 
"(b) PRIORITY.—In making the grants, the Secretary shall give 
priority to applicants for the grants who propose— 
"(1) to develop instruction materials in languages indige-
nous to the United States or the outlying areas; and 
"(2) to develop and evaluate materials, in collaboration 
with entities carrying out activities assisted under subpart 
1 and this subpart, that are consistent with challenging State 
academic content and student academic achievement standards. 
"Subpart 3—Professional Development 
20 use 6951. 
"SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS. 
"(a) PURPOSE.—The purpose of this section is to provide assist-
ance to prepare educators to improve educational services for limited 
English proficient children by— 
"(1) supporting professional development programs and 
activities to prepare teachers, pupil service personnel, adminis-
trators, and other educational personnel working in language 
instruction educational programs to provide effective services 
to limited English proficient children; 
"(2) incorporating curricula and resources 
concerning 
appropriate and effective instruction and assessment meth-
odologies specific to limited English proficient children into 
preservice and inservice professional development programs; 
"(3) upgrading the qualifications and skills of non-certified 
educational personnel, including paraprofessionals, to enable 
such personnel to meet high professional standards for edu-
cating limited English proficient children; 
"(4) improving the quality of professional development pro-
grams in schools or departments of education at institutions 
of higher education, for educational personnel serving, or pre-
paring to serve, limited English proficient children; and 
"(5) supporting the recruitment and training of prospective 
educational personnel to serve limited English proficient chil-
dren by providing fellowships for undergraduate, graduate, doc-
toral, and post-doctoral study related to the instruction of such 
children. 
"(b) AUTHORIZATION.— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1721 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants under this section to— 
"(A) State educational agencies; 
"(B) local educational agencies; 
"(C) institutions of higher education; or 
"(D) consortia of one or more local educational agencies, 
State educational agencies, institutions of higher education, 
for-profit organizations, or nonprofit organizations. 
"(2) DURATION.—Each grant awarded under this section 
shall be awarded for a period of not more than 4 years. 
"(c) AUTHORIZED ACTIVITIES.—Grants awarded under this sec-
tion shall be used to conduct high-quality professional development 
programs and effective activities to improve the quality of instruc-
tion and services provided to limited English proficient children, 
including— 
"(1) implementing preservice and inservice professional 
development programs for teachers who serve limited English 
proficient children, administrators, and other educational per-
sonnel who are preparing to provide educational services for 
limited English proficient children, including 
professional 
development programs that assist limited English proficient 
children to attain English proficiency; 
"(2) implementing school-based collaborative efforts among 
teachers to improve instruction in core academic subjects, espe-
cially reading, for limited English proficient children; 
"(3) developing and implementing programs to assist begin-
ning teachers who serve limited English proficient children 
with transitioning to the teaching profession, including pro-
grams that provide mentoring and team teaching with trained 
and experienced teachers; 
"(4) implementing programs that support effective teacher 
use of education technologies to improve instruction and assess-
ment; 
"(5) developing curricular materials and assessments for 
teachers that are appropriate to the needs of limited English 
proficient children, and that are aligned with challenging State 
academic content and student academic achievement standards, 
including materials and assessments that ensure limited 
English proficient children attain English proficiency; 
"(6) integrating and coordinating activities with entities 
carrying out other programs consistent with the purpose of 
this section and supported under this Act, or other Acts as 
appropriate; 
"(7) developing and implementing career ladder programs 
to upgrade the qualifications and skills of non-certified edu-
cational personnel working in, or preparing to work in, language 
instruction educational programs to enable such personnel to 
meet high professional standards, including standards for cer-
tification and licensure as teachers; 
"(8) developing and implementing activities to help recruit 
and train secondary school students as teachers who serve 
limited English proficient children; 
"(9) providing fellowships and assistance for costs related 
to enrollment in a course of study at an institution of higher 
education that addresses the instruction of limited English 
proficient children in such areas as teacher training, program 
89-194 0 -03- 24 QL 3 Part 2 
115 STAT. 1722 
PUBLIC LAW 107-110-^AN. 8, 2002 
administration, research, evaluation, and curriculum develop-
ment, and for the support of dissertation research related to 
such study, except that any person receiving such a fellowship 
or assistance shall agree to— 
"(A) work in an activity related to improving the edu-
cational services for limited English proficient children 
authorized under this subpart, including work as a teacher 
that serves limited English proficient children, for a period 
of time equivalent to the period of time during which 
such person receives assistance under this paragraph; or 
"(B) repay such assistance; and 
"(10) carrying out such other activities as are consistent 
with the purpose of this section. 
"(d) APPLICATION.— 
"(1) IN GENERAL.—Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such form, and containing such information 
as the Secretary may require. 
"(2) CONTENTS.—Each application shall— 
"(A) describe the programs and activities proposed to 
be developed, implemented, and administered under the 
award; 
"(B) describe how the applicant has consulted with, 
and assessed the needs of, public and private schools 
serving limited English proficient children to determine 
such schools' need for, and the design of, the program 
for which funds are sought; and 
"(C) describe how the programs and activities to be 
carried out under the award will be used to ensure that 
limited English proficient children meet challenging State 
academic content and student academic achievement stand-
ards and attain English proficiency. 
"(3) SPECIAL RULE.—^An eligible entity that proposes to 
conduct a master's-level or doctoral-level program with funds 
received under this section shall include in the entity's applica-
tion an assurance that such program will include a training 
practicum in a local elementary school or secondary school 
program serving limited English proficient children. 
"(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary 
shall provide for outreach and technical assistance to institu-
tions of higher education eligible for assistance under title 
III of the Higher Education Act of 1965, and institutions of 
higher education that are operated or funded by the Bureau 
of Indian Affairs, to facilitate the participation of such institu-
tions in programs and activities under this section. 
"(5) DISTRIBUTION RULE.—In making awards under this 
section, the Secretary shall ensure adequate representation 
of Hispanic-serving institutions that demonstrate competence 
and experience in carrying out the programs and activities 
authorized under this section and that are otherwise qualified. 
"(e) PRIORITIES IN AWARDING GRANTS.— 
"(1) GRANTS TO AGENCIES.—In awarding grants to State 
educational agencies and local educational agencies under this 
section, the Secretary shall give priority to agencies that pro-
pose programs and activities designed to implement profes-
sional development programs for teachers and educational per-
sonnel who are providing or preparing to provide educational 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1723 
services for limited English proficient children, including serv-
ices provided through language instruction educational pro-
grams, that ensure such children attain English proficiency 
and meet challenging State academic content and student aca-
demic achievement standards. 
"(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In 
awarding grants to institutions of higher education under this 
section, the Secretary shall give priority to institutions that 
propose programs and activities to recruit and upgrade the 
qualifications and skills of certified and non-certified edu-
cational personnel by offering degree programs that prepare 
beginning teachers to serve limited English proficient children. 
"(f) PROGRAM EVALUATIONS.—Each recipient of an award under 
this section for a program or activity shall annually conduct an 
independent evaluation of the program or activity and submit to 
the Secretary a report containing such evaluation. Such report 
shall include information on— 
"(1) the program or activity conducted by the recipient 
to provide high-quality professional development to participants 
in such program or activity; 
"(2) the number of participants served through the program 
or activity, the number of participants who completed the 
requirements of the program or activity, and the number of 
participants who took positions in an instruction setting with 
limited English proficient children; 
"(3) the effectiveness of the program or activity in imparting 
the professional skills necessary for participants to achieve 
the objectives of the program or activity; and 
"(4) the teaching effectiveness of graduates of the program 
or activity or other participants who have completed the pro-
gram or activity. 
"Subpart 4—Emergency Immigrant Education 
Program 
"SEC. 3241. PURPOSE. 
20 USC 6961. 
"The purpose of this subpart is to assist eligible local edu-
cational agencies that experience unexpectedly large increases in 
their student population due to immigration— 
"(1) to provide high-quality instruction to immigrant chil-
dren and youth; and 
"(2) to help such children and youth— 
"(A) with their transition into American society; and 
"(B) meet the same challenging State academic content 
and student academic achievement standards as all chil-
dren are expected to meet. 
"SEC. 3242. STATE ADMINISTRATIVE COSTS. 
20 USC 6962. 
"For any fiscal year, a State educational agency may reserve 
not more than 1.5 percent (2 percent if the State educational agency 
distributes funds received under this subpart to local educational 
agencies on a competitive basis) of the amount allotted to such 
agency under section 3244 to pay the costs of performing such 
agency's administrative functions under this subpart. 
115 STAT. 1724 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 6963. 
"SEC. 3243. WITHHOLDING. 
Notification. 
"Whenever the Secretary, after providing reasonable notice and 
opportunity for a hearing to any State educational agency, finds 
that there is a failure to comply with a requirement of any provision 
of this subpart, the Secretary shall notify that agency that further 
payments will not be made to the agency under this subpart or, 
in the discretion of the Secretary, that the State educational agency 
shall not make further payments under this subpart to specified 
local educational agencies whose actions cause or are involved in 
such failure until the Secretary is satisfied that there is no longer 
any such failure to comply. Until the Secretary is so satisfied, 
no further payments shall be made to the State educational agency 
under this subpart, or payments by the State educational agency 
under this subpart shall be limited to local educational agencies 
whose actions did not cause or were not involved in the failure, 
as the case may be. 
20 use 6964. 
"SEC. 3244. STATE ALLOTMENTS. 
"(a) PAYMENTS.—The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational 
agencies for each of the fiscal years 2002 through 2008 for the 
purpose set forth in section 3241. 
"(b) ALLOTMENTS.— 
"(1) IN GENERAL.—Except as provided in subsections (c) 
and (d), of the amount appropriated for each fiscal year for 
this subpart, each State participating in the program assisted 
under this subpart shall receive an allotment equal to the 
proportion of the number of immigrant children and youth 
who are enrolled in public elementary schools or secondary 
schools under the jurisdiction of each local educational agency 
described in paragraph (2), and in nonpublic elementary schools 
or secondary schools within the district served by each such 
local educational agency within such State, relative to the total 
number of immigrant children and youth so enrolled in all 
the States participating in the program assisted under this 
subpart. 
"(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency referred to in paragraph (1) is a local edu-
cational agency for which the sum of the number of immigrant 
children and youth who are enrolled in public elementary 
schools or secondary schools under the jurisdiction of such 
agency, and in nonpublic elementary schools or secondary 
schools within the district served by such agency, during the 
fiscal 3'^ear for which the payments are to be made under 
this subpart, is equal to at least— 
"(A) 500; or 
"(B) 3 percent of the total number of children enrolled 
in such public or nonpublic schools during such fiscal year, 
whichever is less. 
"(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.— 
"(1) IN GENERAL.—^Determinations by the Secretary under 
this section for any period with respect to the number of 
immigrant children and youth shall be made on the basis 
of data or estimates provided to the Secretary by each State 
educational agency in accordance with criteria established by 
the Secretary, unless the Secretary determines, after notice 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1725 
and opportunity for a hearing to the affected State educational 
agency, that such data or estimates are clearly erroneous. 
"(2) SPECIAL RULE.—No such determination with respect 
to the number of immigrant children and youth shall operate 
because of an underestimate or overestimate to deprive any 
State educational agency of the allotment under this section 
that such State would otherwise have received had such deter-
mination been made on the basis of accurate data. 
"(d) REALLOTMENT.— 
"(1) IN GENERAL.—^Whenever the Secretary determines that 
any amount of a payment made to a State under this subpart 
for a fiscal year will not be used by such State for carrying 
out the purpose for which the payment was made, the Secretary 
shall make such amount available for carrying out such purpose 
to one or more other States to the extent the Secretary deter-
mines that such other States will be able to use such additional 
amount for carrying out such purpose. 
"(2) FISCAL YEAR.—^Any amount made available to a State 
from any appropriation for a fiscal year in accordance with 
paragraph (1) shall, for purposes of this subpart, be regarded 
as part of such State's payment (as determined under sub-
section (b)) for such year, but shall remain available until 
the end of the succeeding fiscal year. 
"(e) RESERVATION OF FUNDS.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
this subpart, if the amount appropriated to carry out this 
subpart exceeds $50,000,000 for a fiscal year, a State edu-
cational agency may reserve not more than 20 percent of such 
agency's payment under this subpart for such year to award 
grants, on a competitive basis, to local educational agencies 
within the State as follows: 
"(A) 
AGENCIES 
WITH 
IMMIGRANT 
CHILDREN 
AND 
YOUTH.—^At least ¥2 of the funds reserved under this para-
graph shall be made available to eligible local educational 
agencies (as described in subsection (b)(2)) within the State 
with the highest numbers and percentages of immigrant 
children and youth. 
"(B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN 
AND YOUTH.—Funds reserved under this paragraph and 
not made available under subparagraph (A) may be distrib-
uted to local educational agencies within the State that 
are experiencing a sudden influx of immigrant children 
and youth and that are otherwise not eligible for assistance 
under this subpart. 
"(2) USE OF GRANT FUNDS.—Each local educational agency 
receiving a grant under paragraph (1) shall use such grant 
funds to carry out the activities described in section 3247. 
"(3) INFORMATION.—Local educational agencies receiving 
funds under paragraph (1) with the highest number of 
immigrant children and youth may make information available 
on serving immigrant children and youth to local educational 
agencies in the State with sparse numbers of such children 
and youth. 
"SEC. 3245. STATE APPLICATIONS. 
20 USC 6965. 
"(a) SUBMISSION.—No State educational agency shall receive 
any payment under this subpart for any fiscal year unless such 
115 STAT. 1726 
PUBLIC LAW 107-110-^AN. 8, 2002 
agency submits an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information, 
as the Secretary may reasonably require. Each such application 
shall— 
"(1) provide that the educational programs, services, and 
activities for which payments under this subpart are made 
will be administered by or under the supervision of the agency; 
"(2) provide assurances that payments under this subpart 
will be used for purposes set forth in sections 3241 and 3247, 
including a description of how local educational agencies 
receiving funds under this subpart will use such funds to meet 
such purposes and will coordinate with entities carrying out 
other programs and activities assisted under this Act, and 
other Acts as appropriate; 
"(3) provide an assurance that local educational agencies 
receiving funds under this subpart will coordinate the use 
of such funds with entities carrying out programs and activities 
assisted under part A of title I; 
"(4) provide assurances that such payments, with the excep-
tion of payments reserved under section 3244(e), will be distrib-
uted among local educational agencies within that State on 
the basis of the number of immigrant children and youth 
counted with respect to each such local educational agency 
under section 3244(b)(1); 
"(5) provide assurances that the State educational agency 
will not finally disapprove in whole or in part any application 
for funds received under this subpart without first affording 
the local educational agency submitting an application for such 
funds reasonable notice and opportunity for a hearing; 
"(6) provide for making such reports as the Secretary may 
reasonably require to perform the Secretary's functions under 
this subpart; 
"(7) provide assurances— 
"(A) that to the extent consistent with the number 
of immigrant children and youth enrolled in the nonpublic 
elementary schools or secondary schools within the district 
served by a local educational agency, such agency, after 
consultation with appropriate officials of such schools, shall 
provide for the benefit of such children and youth secular, 
neutral, and nonideological services, materials, and equip-
ment necessary for the education of such children and 
youth; 
"(B) that the control of funds provided under this sub-
part for any materials or equipment, or property repaired, 
remodeled, or constructed with those funds shall be in 
a public agency for the uses and purpose provided in this 
subpart, and a public agency shall administer such funds 
and property; and 
"(C) that the provision of services pursuant to this 
paragraph shall be provided by employees of a public 
agency or through contract by such public agency with 
a person, association, agency, or corporation who or which, 
in the provision of such services, is independent of such 
nonpublic elementary school or secondary school and of 
any religious organization, and such employment or con-
tract shall be under the control and supervision of such 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1727 
public agency, and the funds provided under this paragraph 
shall not be commingled with State or local funds; 
"(8) provide that funds reserved under section 3244(e) be 
awarded on a competitive basis based on merit and need in 
accordance with such section; and 
"(9) provide an assurance that the State educational agency 
and local educational agencies in the State receiving funds 
under this subpart will comply with the requirements of section 
1120(b). 
"(b) APPLICATION REVIEW.— 
"(1) IN GENERAL.—The Secretary shall review all applica-
tions submitted pursuant to this section by State educational 
agencies. 
"(2) APPROVAL.—The Secretary shall approve any applica-
tion submitted by a State educational agency that meets the 
requirements of this section. 
"(3) DISAPPROVAL.—The Secretary shall disapprove any 
application submitted by a State educational agency that does 
not meet the requirements of this section, but shall not finally 
disapprove an application except after providing reasonable 
notice, technical assistance, and an opportunity for a hearing 
to the State educational agency. 
"SEC. 3246. ADMINISTRATIVE PROVISIONS. 
20 USC 6966. 
"(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than Deadline. 
June 1 of each year, shall notify each State educational agency 
that has an application approved under section 3245 of the amount 
of such agency's allotment under section 3244 for the succeeding 
year. 
"(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED 
IN NONPUBLIC SCHOOLS.—If by reason of any provision of law 
a local educational agency is prohibited from providing educational 
services for immigrant children and youth enrolled in nonpublic 
elementary schools and secondary schools, as required by section 
3245(a)(7), or if the Secretary determines that a local educational 
agency has substantially failed or is unwilling to provide for the 
participation on an equitable basis of such children and youth 
enrolled in such schools, the Secretary may waive such requirement 
and shall arrange for the provision of services, subject to the 
requirements of this subpart, to such children and youth. Such 
waivers shall be subject to consultation, withholding, notice, and 
judicial review requirements in accordance with the provisions of 
title I. 
"SEC. 3247. USES OF FUNDS. 
20USC6967. 
"(a) USE OF FUNDS.—Funds awarded under this subpart shall 
be used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include— 
"(1) family literacy, parent outreach, and training activities 
designed to assist parents to become active participants in 
the education of their children; 
"(2) support of personnel, including teacher aides who have 
been specifically trained, or are being trained, to provide serv-
ices to immigrant children and youth; 
"(3) tutorials, mentoring, and academic or career counseling 
for immigrant children and youth; 
"(4) identification and acquisition of curricular materials, 
educational software, and technologies; 
115 STAT. 1728 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(5) the provision of basic instruction services that are 
directly attributable to the presence in the school district of 
immigrant children and youth, including payment of costs of 
providing additional classroom supplies, costs of transportation, 
or such other costs as are directly attributable to such addi-
tional basic instruction services; and 
"(6) such other activities, related to the purpose of this 
subpart, as the Secretary may authorize. 
"(b) CONSORTIA.—^A local educational agency that receives a 
grant under this subpart may collaborate or form a consortium 
with one or more local educational agencies, institutions of higher 
education, and nonprofit organizations to carry out a program 
described in an application approved under this subpart. 
"(c) SUBGRANTS.—^A local educational agency that receives a 
grant under this subpart may, with the approval of the Secretary, 
make a subgrant to, or enter into a contract with, an institution 
of higher education, a nonprofit organization, or a consortium of 
such institutions or organizations to carry out a program described 
in an application approved under this subpart, including a program 
to serve out-of-school youth. 
"(d) CONSTRUCTION.—Nothing in this subpart shall be construed 
to prohibit a local educational agency from serving immigrant chil-
dren and youth simultaneously with children and youth with similar 
educational needs, in the same educational settings where appro-
priate. 
20 use 6968. 
"SEC. 3248. REPORTS. 
"(a) 
BIENNIAL 
REPORT.—Each 
State 
educational 
agency 
receiving funds under this subpart shall submit, once every 2 years, 
a report to the Secretary concerning the expenditure of funds by 
local educational agencies under this subpart. Each local edu-
cational agency receiving funds under this subpart shall submit 
to the State educational agency such information as may be nec-
essary for such report. 
"(b) REPORT TO CONGRESS.—The Secretary shall submit, once 
every 2 years, a report to the appropriate committees of Congress 
concerning programs assisted under this subpart. 
"Subpart 5—^Administration 
20 use 6981. 
"SEC. 3251. RELEASE TIME. 
"The Secretary shall allow entities carrying out professional 
development programs funded under this part to use funds provided 
under this part for professional release time to enable individuals 
to participate in programs assisted under this part. 
20 use 6982. 
"SEC. 3252. NOTIFICATION. 
"A State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 3 
working days after the date an award under this part is made 
to an eligible entity within the State. 
20 use 6983. 
"SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS. 
"(a) COORDINATION WITH RELATED PROGRAMS.—In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited English proficiency, the Secretary 
shall coordinate and ensure close cooperation with other programs 
serving language-minority and limited English proficient children 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1729 
that are administered by the Department and other agencies. The 
Secretary shall consult with the Secretary of Labor, the Secretary 
of Health and Human Services, the Secretary of Agriculture, the 
Attorney General, and the heads of other relevant agencies to 
identify and eliminate barriers to appropriate coordination of pro-
grams that affect language-minority and limited English proficient 
children and their families. The Secretary shall provide for con-
tinuing consultation and collaboration, between the Office of English 
Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students and relevant 
programs operated by the Department, including programs under 
this part and other programs under this Act, in planning, contracts, 
providing joint technical assistance, providing joint field monitoring 
activities and in other relevant activities to ensure effective program 
coordination to provide high-quality educational opportunities to 
all language-minority and limited English proficient children. 
"(b) DATA.—The Secretary shall, to the extent feasible, ensure 
that all data collected by the Department shall include the collection 
and reporting of data on limited English proficient children. 
"(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under this part. 
"(d) REPORT.—The Director shall prepare and, not later than Deadline. 
February 1 of every other year, shall submit to the Secretary, 
the Committee on Education and the Workforce of the House of 
Representatives, and the Committee on Health, Education, Labor, 
and Pensions of the Senate a report— 
"(1) on programs and activities carried out to serve limited 
English proficient children under this part, and the effective-
ness of such programs and activities in improving the academic 
achievement and English proficiency of children who are limited 
English proficient; 
"(2) containing a critical synthesis of data reported by 
States under section 3224, when applicable; 
"(3) containing an estimate of the number of certified or 
licensed teachers working in language instruction educational 
programs and educating limited English proficient children, 
and an estimate of the number of such teachers that will 
be needed for the succeeding 5 fiscal years; 
"(4) containing the major findings of scientifically based 
research carried out under this part; and 
"(5) containing other information gathered from the reports 
submitted to the Secretary under this title when applicable. 
"PART C—GENERAL PROVISIONS 
"SEC. 3301. DEFINITIONS. 
20USC7011. 
"Except as otherwise provided, in this title: 
"(1) CHILD.—The term 'child' means any individual aged 
3 through 21. 
"(2) COMMUNITY-BASED ORGANIZATION.—The term 'commu-
nity-based organization' means a private nonprofit organization 
of demonstrated effectiveness, Indian tribe, or tribally sanc-
tioned educational authority, that is representative of a commu-
nity or significant segments of a community and that provides 
educational or related services to individuals in the community. 
115 STAT. 1730 
PUBLIC LAW 107-110-^AN. 8, 2002 
Such term includes a Native Hawaiian or Native American 
Pacific Islander native language educational organization. 
"(3) COMMUNITY COLLEGE.—The term 'community college' 
means an institution of higher education as defined in section 
101 of the Higher Education Act of 1965 that provides not 
less than a 2-year program that is acceptable for full credit 
toward a bachelor's degree, including institutions receiving 
assistance under the Tribally Controlled College or University 
Assistance Act of 1978. 
"(4) DIRECTOR.—The term 'Director' means the Director 
of the Office of English Language Acquisition, Language 
Enhancement, and Academic Achievement for Limited English 
Proficient Students established under section 209 of the Depart-
ment of Education Organization Act. 
"(5) FAMILY EDUCATION PROGRAM.—^The term 'family edu-
cation program' means a language instruction educational pro-
gram or special alternative instruction program that— 
"(A) is designed— 
"(i) to help limited English proficient adults and 
out-of-school youths achieve English proficiency; and 
"(ii) to provide instruction on how parents and 
family members can facilitate the educational achieve-
ment of their children; 
"(B) when feasible, uses instructional programs based 
on models developed under the Even Start Family Literacy 
Programs, which promote adult literacy and train parents 
to support the educational growth of their children, the 
Parents as Teachers Program, and the Home Instruction 
Program for Preschool Youngsters; and 
"(C) gives preference to participation by parents and 
immediate family members of children attending school. 
"(6) 
IMMIGRANT 
CHILDREN 
AND 
YOUTH.—The 
term 
'immigrant children and youth' means individuals who— 
"(A) are aged 3 through 21; 
"(B) were not bom in any State; and 
"(C) have not been attending one or more schools in 
any one or more States for more than 3 full academic 
years. 
"(7) INDIAN TRIBE.—The term 'Indian tribe' means any 
Indian tribe, band, nation, or other organized group or commu-
nity, including any Native village or Regional Corporation or 
Village Corporation as defined in or established pursuant to 
the Alaska Native Claims Settlement Act, that is recognized 
as eligible for the special programs and services provided by 
the United States to Indians because of their status as Indians. 
"(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The 
term 'language instruction educational program' means an 
instruction course— 
"(A) in which a limited English proficient child is placed 
for the purpose of developing and attaining English pro-
ficiency, while meeting challenging State academic content 
and student academic achievement standards, as required 
by section 1111(b)(1); and 
"(B) that may make instructional use of both English 
and a child's native language to enable the child to develop 
and attain English proficiency, and may include the partici-
pation of English proficient children if such course is 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1731 
designed to enable all participating children to become 
proficient in English and a second language. 
"(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— 
The terms 'Native American' and 'Native Americam language' 
shall have the meanings given such terms in section 103 of 
the Native American Languages Act. 
"(10) 
NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC 
ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—THE 
term 'Native Hawaiian or Native American Pacific Islander 
native language educational organization' means a nonprofit 
organization with— 
"(A) a majority of its governing board and employees 
consisting of fluent speakers of the traditional Native 
American languages used in the organization's educational 
programs; and 
"(B) not less than 5 years successful experience in 
providing educational services in traditional Native Amer-
ic£m languages. 
"(11) NATIVE LANGUAGE.—The term 'native language', when 
used with reference to an individual of limited English pro-
ficiency, means— 
"(A) the language normally used by such individual; 
or 
"(B) in the case of a child or youth, the language 
normally used by the parents of the child or youth. 
"(12) 
PARAPROFESSIONAL.—The 
term 
'paraprofessional' 
means an individual who is employed in a preschool, elementary 
school, or secondary school under the supervision of a certified 
or licensed teacher, including individuals employed in language 
instruction 
educational 
programs, 
special education, 
and 
migrant education. 
"(13) SPECIALLY QUALIFIED AGENCY.—The term 'specially 
qualified agency means an eligible entity, as defined in section 
3141, in a State whose State educational agency— 
"(A) does not participate in a program under subpart 
1 of part A for a fiscal year; or 
"(B) submits a plan (or any amendment to a plan) 
that the Secretary, after reasonable notice and opportunity 
for a hearing, determines does not satisfy the requirements 
of such subpart. 
"(14) STATE.—The term 'State' means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto 
Rico. 
"(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The 
term 'tribally sanctioned educational authority' means— 
' 
"(A) any department or division of education operating 
within the administrative structure of the duly constituted 
governing body of an Indian tribe; and 
"(B) any nonprofit institution or organization that is— 
"(i) chartered by the governing body of an Indian 
tribe to operate a school described in section 3112(a) 
or otherwise to oversee the delivery of educational 
services to members of the tribe; and 
"(ii) approved by the Secretary for the purpose 
of carrying out programs under subpart 1 of part A 
for individuals served by a school described in section 
3112(a). 
115 STAT. 1732 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 7012. 
"SEC. 3302. PARENTAL NOTIFICATION. 
Deadline. 
"(a) IN GENERAL.—Each eligible entity using funds provided 
under this title to provide a language instruction educational pro-
gram shall, not later than 30 days after the beginning of the 
school year, inform a parent or the parents of a limited English 
proficient child identified for participation in, or participating in, 
such program o
f
— 
"(1) the reasons for the identification of their child as 
limited English proficient and in need of placement in a lan-
guage instruction educational program; 
"(2) the child's level of English proficiency, how such level 
was assessed, and the status of the child's academic achieve-
ment; 
"(3) the method of instruction used in the program in 
which their child is, or will be, participating, and the methods 
of instruction used in other available programs, including how 
such programs differ in content, instruction goals, and use 
of English and a native language in instruction; 
"(4) how the program in which their child is, or will be 
participating will meet the educational strengths and needs 
of the child; 
"(5) how such program will specifically help their child 
learn English, and meet age appropriate academic achievement 
standards for grade promotion and graduation; 
"(6) the specific exit requirements for such program, the 
expected rate of transition from such program into classrooms 
that are not tailored for limited English proficient children, 
and the expected rate of graduation from secondary school 
for such program if funds under this title are used for children 
in secondary schools; 
"(7) in the case of a child with a disability, how such 
program meets the objectives of the individualized education 
program of the child; and 
"(8) information pertaining to parental rights that includes 
written guidance— 
"(A) detailing— 
"(i) the right that parents have to have their child 
immediately removed from such program upon their 
request; and 
"(ii) the options that parents have to decline to 
enroll their child in such program or to choose another 
program or method of instruction, if available; and 
"(B) assisting parents in selecting among various pro-
grams and methods of instruction, if more than one pro-
gram or method is offered by the eligible entity. 
DeadUne. 
"(b) SEPARATE NOTIFICATION.—In addition to providing the 
information required to be provided under subsection (a), each 
eligible entity that is using funds provided under this title to 
provide a language instruction educational program, and that has 
failed to make progress on the annual measurable achievement 
objectives described in section 3122 for any fiscal year for which 
part A is in effect, shall separately inform a parent or the parents 
of a child identified for participation in such program, or partici-
pating in such program, of such failure not later than 30 days 
after such failure occurs. 
"(c) RECEIPT OF INFORMATION.—The information required to 
be provided under subsections (a) and (b) to a parent shall be 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1733 
provided in an understandable and uniform format and, to the 
extent practicable, in a language that the parent can understand. 
"(d) 
SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For 
a child who has not been identified for participation in a language 
instruction educational program prior to the beginning of the school 
year, the eligible entity shall carry out subsections (a) through 
(c) with respect to the parents of the child within 2 weeks of 
the child being placed in such a program. 
"(e) PARENTAL PARTICIPATION.— 
"(1) IN GENERAL.—Each eligible entity using funds provided 
under this title to provide a language instruction educational 
program shall implement an effective means of outreach to 
parents of limited English proficient children to inform such 
parents of how they can— 
"(A) be involved in the education of their children; 
and 
"(B) be active participants in assisting their children— 
"(i) to learn English; 
"(ii) to achieve at high levels in core academic 
subjects; and 
"(iii) to meet the same challenging State academic 
content and student academic achievement standards 
as all children are expected to meet. 
"(2) 
RECEIPT 
OF 
RECOMMENDATIONS.—The 
outreach 
described in paragraph (1) shall include holding, and sending 
notice of opportunities for, regular meetings for the purpose 
of formulating and responding to recommendations from par-
ents described in such paragraph. 
"(f) BASIS FOR ADMISSION OR EXCLUSION.—^A child shall not 
be admitted to, or excluded from, any federally assisted education 
program on the basis of a surname or language-minority status. 
"SEC. 3303. NATIONAL CLEARINGHOUSE. 
Establishment. 
"The Secretary shall establish and support the operation of 
a National Clearinghouse for English Language Acquisition and 
Language Instruction Educational Programs, which shall collect, 
analyze, synthesize, and disseminate information about language 
instruction educational programs for limited English proficient chil-
dren, and related programs. The National Clearinghouse shall— 
"(1) be administered as an adjunct clearinghouse of the 
Educational Resources Information 
Center 
Clearinghouses 
system supported by the Office of Educational Research and 
Improvement; 
"(2) coordinate activities with Federal data and information 
clearinghouses and entities operating Federal dissemination 
networks and systems; 
"(3) develop a system for improving the operation and 
effectiveness of federally funded language instruction edu-
cational programs; 
"(4) collect and disseminate information on— 
"(A) educational research and processes related to the 
education of limited English proficient children; and 
"(B) accountability systems that monitor the academic 
progress of limited English proficient children in language 
instruction educational programs, including information on 
academic content and English proficiency assessments for 
language instruction educational programs; and 
115 STAT. 1734 
PUBLIC LAW 107-110-^AN. 8, 2002 
Publication. 
"(5) publish, on an annual basis, a list of grant recipients 
under this title. 
20 u s e 7014. 
"SEC. 3304. REGULATIONS. 
"In developing regulations under this title, the Secretary shall 
consult with State educational agencies and local educational agen-
cies, organizations representing limited English proficient individ-
uals, and organizations representing teachers and other personnel 
involved in the education of limited English proficient children.". 
TITLE IV—21ST CENTURY SCHOOLS 
Safe and Drug-
Free Schools and 
Communities 
Act. 
Grants. 
20 u s e 7101. 
20 u s e 7102. 
20 u s e 7103. 
SEC. 401. 21ST CENTURY SCHOOLS. 
Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows: 
"TITLE IV—21ST CENTURY SCHOOLS 
"PART A—SAFE AND DRUG-FREE SCHOOLS 
AND COMMUNITIES 
"SEC. 4001. SHORT TITLE. 
"This part may be cited as the 'Safe and Drug-Free Schools 
and Communities Act'. 
"SEC. 4002. PURPOSE. 
"The purpose of this part is to support programs that prevent 
violence in and around schools; that prevent the illegal use of 
alcohol, tobacco, and drugs; that involve parents and communities; 
and that are coordinated with related Federal, State, school, and 
community efforts and resources to foster a safe and drug-free 
learning environment that supports student academic achievement, 
through the provision of Federal assistance to— 
"(1) States for grants to local educational agencies and 
consortia of such agencies to establish, operate, and improve 
local programs of school drug and violence prevention and 
early intervention; 
"(2) States for grants to, and contracts with, community-
based organizations and public and private entities for pro-
grams of drug and violence prevention and early intervention, 
including community-wide drug and violence prevention plan-
ning and organizing activities; 
"(3) States for development, training, technical assistance, 
and coordination activities; and 
"(4) public and private entities to provide technical assist-
ance; conduct training, demonstrations, and evaluation; and 
to provide supplementary services and community-wide drug 
and violence prevention planning and organizing activities for 
the prevention of drug use and violence among students and 
youth. 
"SEC. 4003. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated— 
"(1) $650,000,000 for fiscal year 2002, and such sums as 
may be necessary for each of the 5 succeeding fiscal years, 
for State grants under subpart 1; and 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1735 
"(2) such sums for fiscal year 2002, and for each of the 
5 succeeding fiscal years, for national programs under subpart 
2. 
"Subpart 1—State Grants 
"SEC. 4111. RESERVATIONS AND ALLOTMENTS. 
20USC7I11. 
"(a) RESERVATIONS.— 
"(1) IN GENERAL.—From the amount made available under 
section 4003(1) to carry out this subpart for each fiscal year, 
the Secretary— 
"(A) shall reserve 1 percent or $4,750,000 (whichever 
is greater) of such amount for grants to Guam, American 
Samoa, the United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands, to be allotted 
in accordance with the Secretary's determination of their 
respective needs and to carry out programs described in 
this subpart; 
"(B) shall reserve 1 percent or $4,750,000 (whichever 
is greater) of such amount for the Secretary of the Interior 
to carry out programs described in this subpart for Indian 
youth; and 
"(C) shall reserve 0.2 percent of such amount for Native 
Hawaiians to be used under section 4117 to carry out 
programs described in this subpart. 
"(2) OTHER RESERVATIONS.—From the amount made avail-
able under section 4003(2) to carry out subpart 2 for each 
fiscal year, the Secretary— 
"(A) may reserve not more than $2,000,000 for the 
national impact evaluation required by section 4122(a); 
"(B) notwithstanding section 3 of the No Child Left 
Behind Act of 2001, shall reserve an amount necessary 
to make continuation grants to grantees under the Safe 
Schools/Healthy Students initiative (under the same terms 
and conditions as provided for in the grants involved). 
"(b) STATE ALLOTMENTS.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
the Secretary shall, for each fiscal year, allot among the 
States— 
"(A) one-half of the remainder not reserved under sub-
section (a) according to the ratio between the school-aged 
population of each State and the school-aged population 
of all the States; and 
"(B) one-half of such remainder according to the ratio 
between the amount each State received under section 
1124A for the preceding year and the sum of such amounts 
received by all the States. 
"(2) MINIMUM.—For any fiscal year, no State shall be 
allotted under this subsection an amount that is less than 
the greater of— 
"(A) one-half of 1 percent of the total amount allotted 
to all the States under this subsection; or 
"(B) the amount such State received for fiscal year 
2001 under section 4111 as such section was in effect 
the day preceding the date of enactment of the No Child 
Left Behind Act of 2001. 
"(3) REALLOTMENT.— 
115 STAT. 1736 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(A) 
REALLOTMENT FOR FAILURE TO APPLY.—If 
any 
State does not apply for an allotment under this subpart 
for a fiscal year, the Secretary shall reallot the amount 
of the State's allotment to the remaining States in accord-
ance with this section. 
"(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary 
may reallot any amount of any allotment to a State if 
the Secretary determines that the State will be unable 
to use such amount within 2 years of such allotment. 
Such reallotments shall be made on the same basis as 
allotments are made under paragraph (1). 
"(4) DEFINITION.—In this section the term 'State' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
"(c) LIMITATION.—^Amounts appropriated under section 4003(2) 
for a fiscal year may not be increased above the amounts appro-
priated under such section for the previous fiscal year unless the 
amounts appropriated under section 4003(1) for the fiscal year 
involved are at least 10 percent greater that the amounts appro-
priated under such section 4003(1) for the previous fiscal year. 
20 use 7112. 
"SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-
FREE SCHOOLS. 
"(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER 
OF A STATE.— 
"(1) IN GENERAL.—^The chief executive officer of a State 
may reserve not more than 20 percent of the total amount 
allocated to a State under section 4111(b) for each fiscal year 
to award competitive grants and contracts to local educational 
agencies, community-based organizations (including community 
anti-drug coalitions) other public entities and private organiza-
tions, and consortia thereof. Such grants and contracts shall 
be used to carry out the comprehensive State plan described 
in section 4113(a) through programs or activities that com-
plement and support activities of local educational agencies 
described in section 4115(b). Such officer shall award grants 
based on— 
"(A) the quality of the program or activity proposed; 
and 
"(B) how the program or activity meets the principles 
of effectiveness described in section 4115(a). 
"(2) PRIORITY.—In making such grants and contracts under 
this section, a chief executive officer shall give priority to pro-
grams and activities that prevent illegal drug use and violence 
for— 
"(A) children and youth who are not normally served 
by State educational agencies or local educational agencies; 
or 
"(B) populations that need special services or additional 
resources (such as youth in juvenile detention facilities, 
runaway or homeless children and youth, pregnant and 
parenting teenagers, and school dropouts). 
"(3) SPECIAL CONSIDERATION.—In awarding funds under 
paragraph (1), a chief executive officer shall give special consid-
eration to grantees that pursue a comprehensive approach to 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1737 
drug and violence prevention that includes providing and incor-
porating mental health services related to drug and violence 
prevention in their program. 
"(4) PEER REVIEW.—Grants or contracts awarded under 
this section shall be subject to a peer review process. 
"(5) USE OF FUNDS.—Grants and contracts under this sec-
tion shall be used to implement drug and violence prevention 
activities, including— 
"(A) activities that complement and support local edu-
cational agency activities under section 4115, including 
developing and implementing activities to prevent and 
reduce violence associated with prejudice and intolerance; 
"(B) dissemination of information about drug and 
violence prevention; and 
"(C) development and implementation of community-
wide drug and violence prevention planning and organizing. 
"(6) ADMINISTRATIVE COSTS.—The chief executive officer of 
a State may use not more than 3 percent of the amount 
described in paragraph (1) for the administrative costs incurred 
in carrying out the duties of such officer under this section. 
"(b) IN STATE DISTRIBUTION.— 
"(1) IN GENERAL.—^A State educational agency shall dis-
tribute not less than 93 percent of the amount made available 
to the State under section 4111(b), less the amount reserved 
under subsection (a) of this section, to its local educational 
agencies. 
"(2) STATE ADMINISTRATION COSTS.— 
"(A) IN GENERAL.—^A State educational agency may 
use not more than 3 percent of the amount made available 
to the State under section 4111(b) for each fiscal year 
less the amount reserved under subsection (a) of this sec-
tion, for State educational agency administrative costs, 
including the implementation of the uniform management 
information and reporting system as provided for under 
subsection (c)(3). 
"(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGE-
MENT INFORMATION SYSTEM.—In the case of fiscal year 
2002, a State educational agency may, in addition to 
amounts provided for in subparagraph (A), use 1 percent 
of the amount made available to the State educational 
agency under section 4111(b) for each fiscal year less the 
amount reserved under subsection (a) of this section, for 
implementation of the uniform management information 
and reporting system as provided for under subsection 
(c)(3). 
"(c) STATE ACTIVITIES.— 
"(1) IN GENERAL.—^A State educational agency may use 
not more than 5 percent of the amount made available to 
the State under section 4111(b) for each fiscal year less the 
amount reserved under subsection (a) of this section, for activi-
ties described in this subsection. 
"(2) ACTIVITIES.—^A State educational agency shall use the 
amounts described in paragraph (1), either directly, or through 
grants and contracts, to plan, develop, and implement capacity 
building, technical assistance and training, evaluation, program 
115 STAT. 1738 
PUBLIC LAW 107-110—JAN. 8, 2002 
improvement services, and coordination activities for local edu-
cational agencies, community-based organizations, and other 
public and private entities. Such uses— 
"(A) shall meet the principles of effectiveness described 
in section 4115(a); 
"(B) shall complement and support local uses of funds 
under section 4115(b); 
"(C) shall be in accordance with the purposes of this 
part; and 
"(D) may include, among others activities— 
"(i) identification, development, evaluation, and 
dissemination of drug and violence prevention strate-
gies, programs, activities, and other information; 
"(ii) training, technical assistance, and demonstra-
tion projects to address violence that is associated with 
prejudice and intolerance; and 
"(iii) financial assistance to enhance drug and 
violence prevention resources available in areas that 
serve large numbers of low-income children, are 
sparsely populated, or have other special needs. 
"(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING 
SYSTEM.— 
"(A) INFORMATION AND STATISTICS.—^A State shall 
establish a uniform management information and reporting 
system. 
"(B) USES OF FUNDS.—^A State may use funds described 
in subparagraphs (A) and (B) of subsection (b)(2), either 
directly or through grants and contracts, to implement 
the uniform management information and reporting system 
described in subparagraph (A), for the collection of informa-
tion on— 
"(i) truancy rates; 
"(ii) the frequency, seriousness, and incidence of 
violence and drug-related offenses resulting in suspen-
sions and expulsions in elementary schools and sec-
ondary schools in the State; 
"(iii) the types of curricula, programs, and services 
provided by the chief executive officer, the State edu-
cational agency, local educational agencies, and other 
recipients of funds under this subpart; and 
"(iv) the incidence and prevalence, age of onset, 
perception of health risk, and perception of social dis-
approval of drug use and violence by youth in schools 
and communities. 
"(C) 
COMPILATION OF STATISTICS.—In compiling 
the 
statistics required for the uniform management information 
and reporting system, the offenses described in subpara-
graph (B)(ii) shall be defined pursuant to the State's 
criminal code, but shall not identify victims of crimes or 
persons accused of crimes. The collected data shall include 
incident reports by school officials, anonymous student sur-
veys, and anonymous teacher surveys. 
"(D) REPORTING.—The information described under 
subparagraph (B) shall be reported to the public and the 
data referenced in clauses (i) and (ii) of such subparagraph 
shall be reported to the State on a school-by-school basis. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1739 
"(E) LIMITATION.—Nothing in this subsection shall be 
construed to authorize the Secretary to require particular 
policies, procedures, or practices with respect to crimes 
committed on school property or school security. 
"SEC. 4113. STATE APPLICATION. 
20 USC 7113. 
"(a) IN GENERAL.—In order to receive an allotment under sec-
tion 4111(b) for any fiscal year, a State shall submit to the Sec-
retary, at such time as the Secretary may require, an application 
t h a t -
'll) contains a comprehensive plan for the use of funds 
by the State educational agency and the chief executive officer 
of the State to provide safe, orderly, and drug-free schools 
and communities through programs and activities that com-
plement and support activities of local educational agencies 
under section 4115(b), that comply with the principles of 
effectiveness under section 4115(a), and that otherwise are 
in accordance with the purpose of this part; 
"(2) describes how activities funded under this subpart 
will foster a safe and drug-free learning environment that sup-
ports academic achievement; 
"(3) provides an assurance that the application was devel-
oped in consultation and coordination with appropriate State 
officials and others, including the chief executive officer, the 
chief State school officer, the head of the State alcohol and 
drug abuse agency, the heads of the State health and mental 
health agencies, the head of the State criminal justice planning 
agency, the head of the State child welfare agency, the head 
of the State board of education, or their designees, and rep-
resentatives 
of parents, 
students, 
and 
community-based 
organizations; 
"(4) describes how the State educational agency will coordi-
nate such agency's activities under this subpart with the chief 
executive officer's drug and violence prevention programs under 
this subpart and with the prevention efforts of other State 
agencies and other programs, as appropriate, in accordance 
with the provisions in section 9306; 
"(5) provides an assurance that funds reserved under sec-
tion 4112(a) will not duplicate the efforts of the State edu-
cational agency and local educational agencies with regard 
to the provision of school-based drug and violence prevention 
activities and that those funds will be used to serve populations 
not normally served by the State educational agencies and 
local educational agencies and populations that need special 
services, such as school dropouts, suspended and expelled stu-
dents, youth in detention centers, runaway or homeless children 
and youth, and pregnant and parenting youth; 
"(6) provides an assurance that the State will cooperate 
with, and assist, the Secretary in conducting data collection 
as required by section 4122; 
"(7) provides an assurance that the local educational agen-
cies in the State will comply with the provisions of section 
9501 pertaining to the participation of private school children 
and teachers in the programs and activities under this subpart; 
"(8) provides an assurance that funds under this subpart 
will be used to increase the level of State, local, and other 
non-Federal funds that would, in the absence of funds under 
115 STAT. 1740 
PUBLIC LAW 107-110-^AN. 8, 2002 
this subpart, be made available for programs and activities 
authorized under this subpart, and in no case supplant such 
State, local, and other non-Federal funds; 
"(9) contains the results of a needs assessment conducted 
by the State for drug and violence prevention programs, which 
shall be based on ongoing State evaluation activities, including 
data on— 
"(A) the incidence and prevalence of illegal drug use 
and violence among youth in schools and communities, 
including the age of onset, the perception of health risks, 
and the perception of social disapproval among such youth; 
"(B) the prevalence of risk factors, including high or 
increasing rates of reported cases of child abuse or domestic 
violence; 
"(C) the prevalence of protective factors, buffers, or 
assets; and 
"(ID) other variables in the school and community 
identified through scientifically based research; 
"(10) provides a statement of the State's performance meas-
ures for drug and violence prevention programs and activities 
to be funded under this subpart that will be focused on student 
behavior and attitudes, derived from the needs assessment 
described in paragraph (9), and be developed in consultation 
between the State and local officials, and that consist o
f
— 
"(A) performance indicators for drug and violence 
prevention programs and activities; and 
"(B) levels of performance for each performance indi-
cator; 
"(11) describes the procedures the State will use for 
assessing and publicly reporting progress toward meeting the 
performance measures described in paragraph (10); 
"(12) provides an assurance that the State application will 
be available for public review after submission of the applica-
tion; 
"(13) describes the special outreach activities that will be 
carried out by the State educational agency and the chief execu-
tive officer of the State to maximize the participation of commu-
nity-based organizations of demonstrated effectiveness that pro-
vide services such as mentoring programs in low-income 
communities; 
"(14) describes how funds will be used by the State edu-
cational agency and the chief executive officer of the State 
to support, develop, and implement community-wide com-
prehensive drug and violence prevention planning and orga-
nizing activities; 
"(15) describes how input from parents will be sought 
regarding the use of funds by the State educational agency 
and the chief executive officer of the State; 
"(16) describes how the State educational agency will 
review applications from local educational agencies, including 
how the agency will receive input from parents in such review; 
"(17) describes how the State educational agency will mon-
itor the implementation of activities under this subpart, and 
provide technical assistance for local educational agencies, 
community-based organizations, other public entities, and pri-
vate organizations; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1741 
"(18) describes how the chief executive officer of the State 
will award funds under section 4112(a) and implement a plan 
for monitoring the performance of, and providing technical 
assistance to, recipients of such funds; and 
"(19) includes any other information the Secretary may 
require. 
"(b) INTERIM APPLICATION.— 
"(1) AUTHORITY.—Notwithstanding any other provision of 
this section, a State may submit for fiscal year 2002 a 1-
year interim application and plan for the use of funds under 
this subpart that is consistent with the requirements of this 
section and contains such information as the Secretary may 
specify in regulations. 
"(2) PURPOSE.—^The purpose of such interim application 
£md plan shall be to afford the State the opportunity to fully 
develop and review such State's application and comprehensive 
plan otherwise required by this section. 
"(3) EXCEPTION.—^A State may not receive a grant under 
this subpart for a fiscal year after fiscal year 2002 unless 
the Secretary has approved such State's application and com-
prehensive plan as described in subsection (a). 
"(c) APPROVAL PROCESS.— 
"(1) DEEMED APPROVAL.—^An application submitted by a 
State pursuant to this section shall undergo peer review by 
the Secretary and shall be deemed to be approved by the 
Secretary unless the Secretary makes a written determination, 
prior to the expiration 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 subpart. 
"(2) DISAPPROVAL.—The Secretary shall not finally dis-
approve the application, except after giving the State edu-
cational agency and the chief executive officer of the State 
notice and an opportunity for a hearing. 
"(3) NOTIFICATION.—If the Secretary finds that the applica-
tion is not in compliance, in whole or in part, with this subpart, 
the Secretary shall— 
"(A) give the State educational agency and the chief 
executive officer of the State notice and an opportunity 
for a hearing; and 
"(B) notify the State educational agency and the chief 
executive officer of the State of the finding of noncompli-
ance, and in such notification, shall— 
"(i) cite the specific provisions in the application 
that are not in compliance; and 
"(ii) request additional information, only as to the 
noncompliant provisions, needed to make the applica-
tion compliant. 
"(4) RESPONSE.—If the State educational agency and the 
chief executive officer of the State respond to the Secretary's 
notification described in paragraph (3)(B) during the 45-day 
period beginning on the date on which the agency received 
the notification, 
and resubmit the application with 
the 
requested information described in paragraph (3)(B)(ii), the Sec-
retary shall approve or disapprove such application prior to 
the later o
f
— 
"(A) the expiration of the 45-day period beginning on 
the date on which the application is resubmitted; or 
115 STAT. 1742 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(B) the expiration of the 120-day period described 
in paragraph (1). 
"(5) FAILURE TO RESPOND.—If the State educational agency 
and the chief executive officer of the State do not respond 
to the Secretary's notification described in paragraph (3)(B) 
during the 45-day period beginning on the date on which the 
agency received the notification, such appUcation shall be 
deemed to be disapproved. 
20 use 7114. 
"SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM. 
"(a) IN GENERAL.— 
"(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—A State 
shall provide the amount made available to the State under 
this subpart, less the amounts reserved under section 4112 
to local educational agencies for drug and violence prevention 
and education programs and activities as follows: 
"(A) 60 percent of such amount based on the relative 
amount such agencies received under part A of title I 
for the preceding fiscal year. 
"(B) 40 percent of such amount based on the relative 
enrollments in public and private nonprofit elementary 
schools and secondary schools within the boundaries of 
such agencies. 
"(2) ADMINISTRATIVE COSTS.—Of the amount received under 
paragraph (1), a local educational agency may use not more 
than 2 percent for the administrative costs of carrying out 
its responsibilities under this subpart. 
"(3) RETURN OF FUNDS TO STATE; REALLOCATION.— 
"(A) RETURN.—Except as provided in subparagraph (B), 
upon the expiration of the 1-year period beginning on the 
date on which a local educational agency receives its alloca-
tion under this subpart— 
"(i) such agency shall return to the State edu-
cational agency any funds from such allocation that 
remain unobligated; and 
"(ii) the State educational agency shall reallocate 
any such amount to local educational agencies that 
have submitted plans for using such amount for pro-
grams or activities on a timely basis. 
"(B) CARRYOVER.—In any fiscal year, a local edu-
cational agency, may retain for obligation in the succeeding 
fiscal year— 
"(i) an amount equal to not more than 25 percent 
of the allocation it received under this subpart for 
such fiscal year; or 
"(ii) upon a demonstration of good cause by such 
agency and approval by the State educational agency, 
an amount that exceeds 25 percent of such allocation. 
"(C) REALLOCATION.—If a local educational agency 
chooses not to apply to receive the amount allocated to 
such agency under this subsection, or if such agency's 
application under subsection (d) is disapproved by the State 
educational agency, the State educational agency shall 
reallocate such amount to one or more of its other local 
educational agencies. 
"(b) ELIGIBILITY.—To be eligible to receive a subgrant under 
this subpart, a local educational agency desiring a subgrant shall 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1743 
submit an application to the State educational agency in accordance 
with subsection (d). Such an application shall be amended, as 
necessary, to reflect changesin the activities and programs of the 
local educational agency. 
"(c) DEVELOPMENT.— 
"(1) CONSULTATION.— 
"(A) IN GENERAL.—^A local educational agency shall 
develop its application through timely and meaningful con-
sultation with State and local government representatives, 
representatives of schools to be served (including private 
schools), teachers and other staff, parents, students, 
community-based organizations, and others with relevant 
and demonstrated expertise in drug and violence preven-
tion activities (such as medical, mental health, and law 
enforcement professionals). 
"(B) CONTINUED CONSULTATION.—On an ongoing basis, 
the local educational agency shall consult with such rep-
resentatives and organizations in order to seek advice 
regarding how best to coordinate such agency's activities 
under this subpart with other related strategies, programs, 
and activities being conducted in the community. 
"(2) DESIGN AND DEVELOPMENT.—To ensure timely and 
meaningful consultation under paragraph (1), a local edu-
cational agency at the initial stages of design and development 
of a program or activity shall consult, in accordance with this 
subsection, with appropriate entities and persons on issues 
regarding the design and development of the program or 
activity, including efforts to meet the principles of effectiveness 
described in section 4115(a). 
"(d) CONTENTS OF APPLICATIONS.—^An application submitted by 
a local educational agency under this section shall contain— 
"(1) an assurance that the activities or programs to be 
funded comply with the principles of effectiveness described 
in section 4115(a) and foster a safe and drug-free learning 
environment that supports academic achievement; 
"(2) a detailed explanation of the local educational agency's 
comprehensive plan for drug and violence prevention, including 
a description o
f
— 
"(A) how the plan will be coordinated with programs 
under this Act, and other Federal, State, and local pro-
grams for drug and violence prevention, in accordance with 
section 9306; 
"(B) the local educational agency's performance meas-
ures for drug and violence prevention programs and activi-
ties, that shall consist of— 
"(i) performance indicators for drug and violence 
prevention programs and activities; including— 
"(I) specific reductions in the prevalence of 
identified risk factors; and 
"(II) specific increases in the prevalence of 
protective factors, buffers, or assets if any have 
been identified; and 
"(ii) levels of performance for each performance 
indicator; 
"(C) how such agency will assess and publicly report 
progress toward attaining its performance measures; 
115 STAT. 1744 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(D) the drug and violence prevention activity or pro-
gram to be funded, including how the activity or program 
will meet the principles of effectiveness described in section 
4115(a), and the means of evaluating such activity or pro-
gram; and 
"(E) how the services will be targeted to schools and 
students with the greatest need; 
"(3) a description for how the results of the evaluations 
of the effectiveness of the program will be used to refine, 
improve, and strengthen the program; 
"(4) an assurance that funds under this subpart will be 
used to increase the level of State, local, and other non-Federal 
funds that would, in the absence of funds under this subpart, 
be made available for programs and activities authorized under 
this subpart, and in no case supplant such State, local, and 
other non-Federal funds; 
"(5) a description of the mechanisms used to provide effec-
tive notice to the community of an intention to submit an 
application under this subpart; 
"(6) an assurance that drug and violence prevention pro-
grams supported under this subpart convey a clear and con-
sistent message that acts of violence and the illegal use of 
drugs are wrong and harmful; 
"(7) an assurance that the applicant has, or the schools 
to be served have, a plan for keeping schools safe and drug-
free that includes— 
"(A) appropriate and effective school discipline policies 
that prohibit disorderly 'conduct, the illegal possession of 
weapons, and the illegal use, possession, distribution, and 
sale of tobacco, alcohol, and other drugs by students; 
"(B) security procedures at school and while students 
are on the way to and from school; 
"(C) prevention activities that are designed to create 
and maintain safe, disciplined, and drug-free environments; 
"(D) a crisis management plan for responding to violent 
or traumatic incidents on school grounds; and 
"(E) a code of conduct policy for all students that 
clearly states the responsibilities of students, teachers, £ind 
administrators in maintaining a classroom environment 
that— 
"(i) allows a teacher to communicate effectively 
with all students in the class; 
"(ii) allows all students in the class to learn; 
"(iii) has consequences that are fair, and develop-
mentally appropriate; 
"(iv) considers the student and the circumstances 
of the situation; and 
"(v) is enforced accordingly; 
"(8) an assurance that the application and any waiver 
request under section 4115(a)(3) will be available for public 
review after submission of the application; and 
"(9) such other assurances, goals, and objectives identified 
through scientifically based research that the State may reason-
ably require in accordance with the purpose of this part. 
"(e) REVIEW OF APPLICATION.— 
"(1) IN GENERAL.—In reviewing local applications under 
this section, a State educational agency shall use a peer review 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1745 
process or other methods of assuring the quaUty of such appUca-
tions. 
"(2) CONSIDERATIONS.—In determining whether to approve 
the appHcation of a local educational agency under this section, 
a State educational agency shall consider the quality of applica-
tion and the extent to which the application meets the prin-
ciples of effectiveness described in section 4115(a). 
"(f) APPROVAL PROCESS.— 
"(1) DEEMED APPROVAL.—^An application submitted by a 
local educational agency pursuant to this section shall be 
deemed to be approved by the State educational agency unless 
the State educational agency makes a written determination, 
prior to the expiration of the 120-day period beginning on 
the date on which the State educational agency received the 
application, that the application is not in compliance with this 
subpart. 
"(2) DISAPPROVAL.—The State educational agency shall not 
finally disapprove the application, except after giving the local 
educational agency notice and opportunity for a hearing. 
"(3) NOTIFICATION.—If the State educational agency finds 
that the application is not in compliance, in whole or in part, 
with this subpart, the State educational agency shall— 
"(A) give the local educational agency notice and an 
opportunity for a hearing; and 
"(B) notify the local educational agency of the finding 
of noncompliance, and in such notification, shall— 
"(i) cite the specific provisions in the application 
that are not in compliance; and 
"(ii) request additional information, only as to the 
noncompliant provisions, needed to make the applica-
tion compliant. 
"(4) RESPONSE.—If the local educational agency responds 
to the State educational agency's notification described in para-
graph (3)(B) during the 45-day period beginning on the date 
on which the agency received the notification, and resubmits 
the application with the requested information described in 
paragraph (3)(B)(ii), the State educational agency shall approve 
or disapprove such application prior to the later o
f
— 
"(A) the expiration of the 45-day period beginning on 
the date on which the application is resubmitted; or 
"(B) the expiration of the 120-day period described 
in paragraph (1). 
"(5) FAILURE TO RESPOND.—If the local educational agency 
does not respond to the State educational agency's notification 
described in paragraph (3)(B) during the 45-day period begin-
ning on the date on which the agency received the notification, 
such application shall be deemed to be disapproved. 
^SEC. 4115. AUTHORIZED ACTrVITIES. 
20 USC 7115. 
"(a) PRINCIPLES OF EFFECTIVENESS.— 
"(1) IN GENERAL.—^For a program or activity developed 
pursuant to this subpart to meet the principles of effectiveness, 
such program or activity shall— 
"(A) be based on an assessment of objective data 
regarding the incidence of violence and illegal drug use 
in the elementary schools and secondary schools and 
communities to be served, including an objective analysis 
115 STAT. 1746 
PUBLIC LAW 107-110-JAN. 8, 2002 
of the current conditions and consequences regarding 
violence and illegal drug use, including delinquency and 
serious discipline problems, among students who attend 
such schools (including private school students who partici-
pate in the drug and violence prevention program) that 
is based on ongoing local assessment or evaluation activi-
ties; 
"(B) be based on an established set of performance 
measures aimed at ensuring that the elementary schools 
and secondary schools and communities to be served by 
the program have a safe, orderly, and drug-free learning 
environment; 
"(C) be based on scientifically based research that pro-
vides evidence that the program to be used will reduce 
violence and illegal drug use; 
"(D) be based on an analysis of the data reasonably 
available at the time, of the prevalence of risk factors, 
including high or increasing rates of reported cases of child 
abuse and domestic violence; protective factors, buffers, 
assets; or other variables in schools and communities in 
the State identified through scientifically based research; 
and 
"(E) include meaningful and ongoing consultation with 
and input from parents in the development of the applica-
tion and administration of the program or activity. 
"(2) PERIODIC EVALUATION.— 
"(A) REQUIREMENT.—The program or activity shall 
undergo a periodic evaluation to assess its progress toward 
reducing violence and illegal drug use in schools to be 
served based on performance measures described in section 
4114(d)(2)(B). 
PubUc 
"(B) U S E OF RESULTS.—The results shall be used to 
information. 
refine, improve, and strengthen the program, and to refine 
the performance measures, and shall also be made avail-
able to the public upon request, with public notice of such 
availability provided. 
"(3) WAIVER.—^A local educational 
agency may apply to 
the State for a waiver of the requirement of subsection (a)(1)(C) 
to allow innovative activities or programs that 
demonstrate 
substantial likelihood of success. 
"(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.— 
"(1) PROGRAM REQUIREMENTS.—^A local educational 
agency 
shall use funds made available under section 4114 to develop, 
implement, and evaluate comprehensive programs and activi-
ties, which are coordinated with other school and community-
based services and programs, that shall— 
"(A) foster a safe and drug-free learning environment 
that supports academic achievement; 
"(B) be consistent with the principles of effectiveness 
described in subsection (a)(1); 
"(C) be designed to— 
"(i) prevent or reduce violence; the use, possession 
and distribution of illegal drugs; and delinquency; and 
"(ii) create a well disciplined environment condu-
cive to learning, which includes consultation between 
teachers, principals, and other school personnel to iden-
tify early warning signs of drug use and violence and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1747 
to provide behavioral interventions as part of classroom 
management efforts; and 
"(D) include activities to— 
"(i) promote the involvement of parents in the 
activity or program; 
"(ii) promote coordination with community groups 
and coalitions, and government agencies; and 
"(iii) distribute information about the local edu-
cational agency's needs, goals, and programs under 
this subpart. 
"(2) 
AUTHORIZED 
ACTIVITIES.—Each 
local 
educational 
agency, or consortium of such agencies, that receives a subgrant 
under this subpart may use such funds to carry out activities 
that comply with the principles of effectiveness described in 
subsection (a), such as the following: 
"(A) Age appropriate and developmentally based activi-
ties that— 
"(i) address the consequences of violence and the 
illegal use of drugs, as appropriate; 
"(ii) promote a sense of individual responsibility; 
"(iii) teach students that most people do not ille-
gally use drugs; 
"(iv) teach students to recognize social and peer 
pressure to use drugs illegally and the skills for 
resisting illegal drug use; 
"(v) teach students about the dangers of emerging 
drugs; 
"(vi) engage students in the learning process; and 
"(vii) incorporate activities in secondary schools 
that reinforce prevention activities implemented in 
elementary schools. 
"(B) Activities that involve families, community sectors 
(which may include appropriately trained seniors), and a 
variety of drug and violence prevention providers in setting 
clear expectations against violence and illegal use of drugs 
and appropriate consequences for violence and illegal use 
of drugs. 
"(C) Dissemination of drug and violence prevention 
information to schools and the community. 
"(D) Professional development and training for, and 
involvement of, school personnel, pupil services personnel, 
parents, and interested community members in prevention, 
education, early identification and intervention, mentoring, 
or rehabilitation referral, as related to drug and violence 
prevention. 
"(E) Drug and violence prevention activities that may 
include the following: 
"(i) Community-wide planning and 
organizing 
activities to reduce violence and illegal drug use, which 
may include gang activity prevention. 
"(ii) Acquiring and installing metal detectors, elec-
tronic locks, surveillance cameras, or other related 
equipment and technologies. 
"(iii) Reporting criminal offenses committed on 
school property. 
"(iv) Developing and implementing comprehensive 
school security plans or obtaining technical assistance 
115 STAT. 1748 
PUBLIC LAW 107-110-^AN. 8, 2002 
concerning such plans, which may include obtaining 
a security assessment or assistance from the School 
Security and Technology Resource Center at the Sandia 
National Laboratory located in Albuquerque, New 
Mexico. 
"(v) Supporting safe zones of passage activities 
that ensure that students travel safely to and from 
school, which may include bicycle and pedestrian safety 
programs. 
"(vi) The hiring and mandatory training, based 
on scientific research, of school security personnel 
(including school resource officers) who interact with 
students in support of youth drug and violence preven-
tion activities under this part that are implemented 
in the school. 
"(vii) Expanded and improved school-based mental 
health services related to illegal drug use and violence, 
including early identification of violence and illegal 
drug use, assessment, and direct or group counseling 
services provided to students, parents, families, and 
school personnel by qualified school-based mental 
health service providers. 
"(viii) Conflict resolution programs, including peer 
mediation programs that educate and train peer medi-
ators and a designated faculty supervisor, and youth 
anti-crime and anti-drug councils and activities. 
"(ix) Alternative education programs or services 
for violent or drug abusing students that reduce the 
need for suspension or expulsion or that serve students 
who have been suspended or expelled from the regular 
educational settings, including programs or services 
to assist students to make continued progress toward 
meeting the State academic achievement standards 
and to reenter the regular education setting. 
"(x) Counseling, mentoring, referral services, and 
other student assistance practices and programs, 
including assistance provided by qualified school-based 
mental health services providers and the training of 
teachers by school-based mental health services pro-
viders in appropriate identification and intervention 
techniques for students at risk of violent behavior and 
illegal use of drugs. 
"(xi) Programs that encourage students to seek 
advice from, and to confide in, a trusted adult 
regarding concerns about violence and illegal drug use. 
"(xii) Drug and violence prevention 
activities 
designed to reduce truancy. 
"(xiii) 
Age-appropriate, 
developmentally-based 
violence prevention and education programs 
that 
address victimization associated with prejudice and 
intolerance, and that include activities designed to help 
students develop a sense of individual responsibility 
and respect for the rights of others, and to resolve 
conflicts without violence. 
"(xiv) Consistent with the fourth amendment to 
the Constitution of the United States, the testing of 
a student for illegal drug use or the inspecting of 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1749 
a student's locker for weapons or illegal drugs or drug 
paraphernalia, including at the request of or with the 
consent of a parent or legal guardian of the student, 
if the local educational agency elects to so test or 
inspect. 
"(xv) Emergency intervention services following 
traumatic crisis events, such as a shooting, major 
accident, or a drug-related incident that have disrupted 
the learning environment. 
"(xvi) Establishing or implementing a system for 
transferring suspension and expulsion records, con-
sistent with section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g), by a local educational 
agency to any public or private elementary school or 
secondary school. 
"(xvii) Developing and implementing character 
education programs, as a component of drug and 
violence prevention programs, that take into account 
the views of parents of the students for whom the 
program is intended and such students, such as a 
program described in subpart 3 of part D of title V. 
"(xviii) Establishing and maintaining a school 
safety hotline. 
"(xix) Community service, including community 
service performed by expelled students, and service-
learning projects. 
"(xx) Conducting a nationwide background check 
of each local educational agency employee, regardless 
of when hired, and prospective employees for the pur-
pose of determining whether the employee or prospec-
tive employee has been convicted of a crime that bears 
upon the employee's fitness— 
"(I) to be responsible for the safety or well-
being of children; 
"(11) to serve in the particular capacity in 
which the employee or prospective employee is 
or will be employed; or 
"(III) to otherwise be employed by the local 
educational agency. 
"(xxi) Programs to train school personnel to iden-
tify warning signs of youth suicide and to create an 
action plan to help youth at risk of suicide. 
"(xxii) Programs that respond to the needs of stu-
dents who are faced with domestic violence or child 
abuse. 
"(F) The evaluation of any of the activities authorized 
under this subsection and the collection of objective data 
used to assess program needs, program implementation, 
or program success in achieving program goals and objec-
tives. 
"(c) LIMITATION.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
not more than 40 percent of the funds available to a local 
educational agency under this subpart may be used to carry 
out the activities described in clauses (ii) through (vi) of sub-
section (b)(2)(E), of which not more than 50 percent of such 
115 STAT. 1750 
PUBLIC LAW 107-110—JAN. 8, 2002 
amount may be used to carry out the activities described in 
clauses (ii) through (v) of such subsection. 
"(2) EXCEPTION.—^A local educational agency may use funds 
under this subpart for activities described in clauses (ii) through 
(v) of subsection (b)(2)(E) only if funding for these activities 
is not received from other Federal agencies. 
"(d) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to prohibit the use of funds under this subpart by 
any local educational agency or school for the establishment or 
implementation of a school uniform policy if such policy is part 
of the overall comprehensive drug and violence prevention plan 
of the State involved and is supported by the State's needs assess-
ment and other scientifically based research information. 
20 use 7116. 
"SEC. 4116. REPORTING. 
"(a) STATE REPORT.— 
Deadline. 
"(1) IN GENERAL.—By December 1, 2003, and every 2 years 
thereafter, the chief executive officer of the State, in cooperation 
with the State educational agency, shall submit to the Secretary 
a report— 
"(A) on the implementation and outcomes of State pro-
grams under section 4112(a)(1) and section 4112(c) and 
local educational agency programs under section 4115(b), 
as well as an assessment of their effectiveness; 
"(B) on the State's progress toward attaining its 
performance measures for drug and violence prevention 
under section 4113(a)(10); and 
"(C) on the State's efforts to inform parents of, and 
include parents in, violence and drug prevention efforts. 
"(2) SPECIAL RULE.—The report required by this subsection 
shall be— 
"(A) in the form specified by the Secretary; 
"(B) based on the State's ongoing evaluation activities, 
and shall include data on the incidence and prevalence, 
age of onset, perception of health risk, and perception of 
social disapproval of drug use and violence by youth in 
schools and communities; and 
"(C) made readily available to the public. 
"(b) LOCAL EDUCATIONAL AGENCY REPORT.— 
„ / 
"(1) IN GENERAL.—Each local educational agency receiving 
funds under this subpart shall submit to the State educational 
agency such information that the State requires to complete 
the State report required by subsection (a), including a descrip-
tion of how parents were informed of, and participated in, 
violence and drug prevention efforts. 
"(2) AVAILABILITY.—Information under paragraph (1) shall 
be made readily available to the public. 
Deadline. 
"(3) PROVISION OF DOCUMENTATION.—Not later 
than 
January 1 of each year that a State is required to report 
under subsection (a), the Secretary shall provide to the State 
educational agency all of the necessary documentation required 
for compliance with this section. 
20 use 7117. 
"SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS. 
Contracts. 
"(a) GENERAL AUTHORITY.—From the funds made available 
pursuant to section 4111(a)(1)(C) to carry out this section, the 
Secretary shall make grants to or enter into cooperative agreements 
or contracts with organizations primarily serving and representing 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1751 
Native Hawaiians for the benefit of Native Hawaiians to plan, 
conduct, and administer programs, or portions thereof, that are 
authorized by and consistent with the provisions of this subpart. 
"(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of 
this section, the term 'Native Hawaiian' means any individual any 
of whose ancestors were natives, prior to 1778, of the area which 
now comprises the State of Hawaii. 
"Subpart 2—National Programs 
"SEC. 4121. FEDERAL ACTIVITIES. 
20USC7131. 
"(a) PROGRAM AUTHORIZED.—From funds made available to 
carry out this subpart under section 4003(2), the Secretary, in 
consultation with the Secretary of Health and Human Services, 
the Director of the Office of National Drug Control Policy, and 
the Attorney General, shall carry out programs to prevent the 
illegal use of drugs and violence among, and promote safety and 
discipline for, students. The Secretary shall carry out such programs 
directly, or through grants, contracts, or cooperative agreements 
with public and private entities and individuals, or through agree-
ments with other Federal agencies, and shall coordinate such pro-
grams with other appropriate Federal activities. Such programs 
may include— 
"(1) the development and demonstration of innovative 
strategies for the training of school personnel, parents, and 
members of the community for drug and. violence prevention 
activities based on State and local needs; 
"(2) the development, demonstration, scientifically based 
evaluation, and dissemination of innovative and high quality 
drug and violence prevention programs and activities, based 
on State and local needs, which may include— 
"(A) alternative education models, either established 
within a school or separate and apart from an existing 
school, that are designed to promote drug and violence 
prevention, reduce disruptive behavior, reduce the need 
for repeat suspensions and expulsions, enable students to 
meet challenging State academic standards, and enable 
students to return to the regular classroom as soon as 
possible; 
"(B) community service and service-learning projects, 
designed to rebuild safe and healthy neighborhoods and 
increase students' sense of individual responsibility; 
"(C) video-based projects developed by noncommercial 
telecommunications entities that provide young people with 
models for conflict resolution and responsible decision-
making; and 
"(D) child abuse education and prevention programs 
for elementary and secondary students; 
"(3) the provision of information on drug abuse education 
and prevention to the Secretary of Health and Human Services 
for dissemination; 
"(4) the provision of information on violence prevention 
and education and school safety to the Department of Justice 
for dissemination; 
"(5) technical assistance to chief executive officers. State 
agencies, local educational agencies, and other recipients of 
115 STAT. 1752 
PUBLIC LAW 107-110-JAN. 8, 2002 
funding under this part to build capacity to develop and imple-
ment high-quality, effective drug and violence prevention pro-
grams consistent with the principles of effectiveness in section 
4115(a); 
"(6) assistance to school systems that have particularly 
severe drug and violence problems, including hiring drug 
prevention and school safety coordinators, or assistance to sup-
port appropriate response efforts to crisis situations; 
"(7) the development of education and training programs, 
curricula, instructional materials, and professional training and 
development for preventing and reducing the incidence of 
crimes and conflicts motivated by hate in localities most directly 
affected by hate crimes; 
"(8) activities in communities designated as empowerment 
zones or enterprise communities that will connect schools to 
community-wide efforts to reduce drug and violence problems; 
and 
"(9) other activities in accordance with the purpose of this 
part, based on State and local needs. 
"(b) PEER REVIEW.—The Secretary shall use a peer review 
process in reviewing applications for funds under this section. 
20 use 7132. 
"SEC. 4122. IMPACT EVALUATION. 
"(a) BIENNIAL EVALUATION.—The Secretary, in consultation 
with the Safe and Drug-Free Schools and Communities Advisory 
Committee described in section 4124, shall conduct an independent 
biennial evaluation of the impact of programs assisted under this 
subpart and of other recent and new initiatives to combat violence 
and illegal drug use in schools. The evaluation shall report on 
whether community and local educational agency programs funded 
under this subpart— 
"(1) comply with the principles of effectiveness described 
in section 4115(a); 
"(2) have appreciably reduced the level of illegal drug, 
alcohol, and tobacco use, and school violence and the illegal 
presence of weapons at schools; and 
"(3) have conducted effective parent involvement and 
training programs. 
"(b) DATA COLLECTION.—^The National Center for Education 
Statistics shall collect data, that is subject to independent review, 
to determine the incidence and prevalence of illegal drug use and 
violence in elementary schools and secondary schools in the States. 
The collected data shall include incident reports by schools officials, 
anonymous student surveys, and anonymous teacher surveys. 
Deadline. 
"(c) BIENNIAL REPORT.—Not later than January 1, 2003, and 
every 2 years thereafter, the Secretary shall submit to the President 
and Congress a report on the findings of the evaluation conducted 
under subsection (a) together with the data collected under sub-
section (b) and data available from other sources on the incidence 
and prevalence, age of onset, perception of health risk, and percep-
tion of social disapproval of drug use and violence in elementary 
schools and secondary schools in the States. The Secretary shall 
include data submitted by the States pursuant to subsection 
4116(a). 
20 use 7133. 
"SEC. 4123. HATE CRIME PREVENTION. 
"(a) GRANT AUTHORIZATION.—^From funds made available to 
carry out this subpart under section 4003(2) the Secretary may 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1753 
make grants to local educational agencies and community-based 
organizations for the purpose of providing assistance to localities 
most directly affected by hate crimes. 
"(b) USE OF FUNDS.— 
"(1) PROGRAM DEVELOPMENT.—Grants under this section 
may be used to improve elementary and secondary educational 
efforts, including— 
"(A) development of education and training programs 
designed to prevent and to reduce the incidence of crimes 
and conflicts motivated by hate; 
"(B) development of curricula for the purpose of 
improving conflict or dispute resolution skills of students, 
teachers, and administrators; 
"(C) development and acquisition of equipment and 
instructional materials to meet the needs of, or otherwise 
be part of, hate crime or conflict programs; and 
"(D) professional training and development for teachers 
and administrators on the causes, effects, and resolutions 
of hate crimes or hate-based conflicts. 
"(2) APPLICATION.—In order to be eligible to receive a grant 
under this section for any fiscal year, a local educational agency, 
or a local educational agency in conjunction with a community-
based organization, shall submit an application to the Secretary 
in such form and containing such information as the Secretary 
may reasonably require. 
"(3) REQUIREMENTS.—Each application under paragraph (2) 
shall include— 
"(A) a request for funds for the purpose described in 
this section; 
"(B) a description of the schools and communities to 
be served by the grants; and 
"(C) assurances that Federal funds received under this 
section shall be used to supplement, and not supplant, 
non-Federal funds. 
"(4) COMPREHENSIVE PLAN.—Each application shall include 
a comprehensive plan that contains— 
"(A) a description of the hate crime or conflict problems 
within the schools or the community targeted for assist-
ance; 
"(B) a description of the program to be developed or 
augmented by such Federal and matching funds; 
"(C) assurances that such program or activity shall 
be administered by or under the supervision of the 
applicant; 
"(D) procedures for the proper and efficient administra-
tion of such program; and 
"(E) fiscal control and fund accounting procedures as 
may be necessary to ensure prudent use, proper disburse-
ment, and accurate accounting of funds received under 
this section. 
"(c) AWARD OF GRANTS.— 
"(1) SELECTION OF RECIPIENTS.—The Secretary shall con-
sider the incidence of crimes and conflicts motivated by bias 
in the targeted schools and communities in awarding grants 
under this section. 
89-194 0 -03- 25 QL 3 Part 2 
115 STAT. 1754 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) 
GEOGRAPHIC 
DISTRIBUTION.—The 
Secretary 
shall 
attempt, to the extent practicable, to achieve an equitable 
geographic distribution of grant awards. 
"(3) DISSEMINATION OF INFORMATION.—The Secretary shall 
attempt, to the extent practicable, to make available informa-
tion regarding successful hate crime prevention programs, 
including programs established or expanded with grants under 
this section. 
"(d) REPORTS.—The Secretary shall submit to Congress a report 
every 2 years that shall contain a detailed statement regarding 
grants and awards, activities of grant recipients, and an evaluation 
of programs established under this section. 
20 u s e 7134. 
"SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
ADVISORY COMMITTEE. 
"(a) ESTABLISHMENT.— 
"(1) IN GENERAL.—There is hereby established an advisory 
committee to be known as the 'Safe and Drug Free Schools 
and Communities Advisory Committee' (referred to in this sec-
tion as the 'Advisory Committee') to— 
"(A) consult with the Secretary under subsection (b); 
"(B) coordinate Federal school- and community-based 
substance abuse and violence prevention programs and 
reduce duplicative research or services; 
"(C) develop core data sets and evaluation protocols 
for safe and drug-free school- and community-based pro-
grams; 
"(D) provide technical assistance and training for safe 
and drug-free school- and community-based programs; 
"(E) provide for the diffusion of scientifically based 
research to safe and drug-free school- and community-based 
programs; and 
"(F) review other regulations and standards developed 
under this title. 
"(2) COMPOSITION.—The Advisory Committee shall be com-
posed of representatives from— 
"(A) the Department of Education; 
"(B) the Centers for Disease Control and Prevention; 
"(C) the National Institute on Drug Abuse; 
"(D) the National Institute on Alcoholism and Alcohol 
Abuse; 
"(E) the Center for Substance Abuse Prevention; 
"(F) the Center for Mental Health Services; 
"(G) the Office of Juvenile Justice and Delinquency 
Prevention; 
"(H) the Office of National Drug Control Policy; 
"(I) State and local governments, including education 
agencies; and 
"(J) researchers and expert practitioners. 
"(3) CONSULTATION.—In carrying out its duties under this 
section, the Advisory Committee shall annually consult with 
interested State and local coordinators of school- and commu-
nity-based substance abuse and violence prevention programs 
and other interested groups. 
"(b) PROGRAMS.— 
"(1) IN GENERAL.—From amounts made available under 
section 4003(2) to carry out this subpart, the Secretary, in 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1755 
consultation with the Advisory Committee, shall carry out sci-
entifically based research programs to strengthen the account-
ability and effectiveness of the State, chief executive officer's, 
and national programs under this part. 
"(2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS.— 
The Secretary shall carry out paragraph (1) directly or through 
grants, contracts, or cooperative agreements with public and 
private entities and individuals or through agreements with 
other Federal agencies. 
"(3) COORDINATION.—The Secretary shall coordinate pro-
grams under this section with other appropriate Federal activi-
ties. 
"(4) ACTIVITIES.—^Activities that may be carried out under 
programs funded under this section may include— 
"(A) the provision of technical assistance and training, 
in collaboration with other Federal agencies utilizing their 
expertise and national and regional training systems, for 
Governors, State educational agencies and local educational 
agencies to support high quality, effective programs that— 
"(i) provide a thorough assessment of the substance 
abuse and violence problem; 
"(ii) utilize objective data and the knowledge of 
a wide range of community members; 
"(iii) develop measurable goals and objectives; and 
"(iv) implement scientifically based research activi-
ties that have been shown to be effective and that 
meet identified needs; 
"(B) the provision of technical assistance and training 
to foster program accountability; 
"(C) the diffusion and dissemination of best practices 
and programs; 
"(D) the development of core data sets and evaluation 
tools; 
"(E) program evaluations; 
"(F) the provision of information on drug abuse edu-
cation and prevention to the Secretary of Health and 
Human Services for dissemination by the clearinghouse 
for alcohol and drug abuse information established under 
section 501(d)(16) of the Public Health Service Act; and 
"(G) other activities that meet unmet needs related 
to the purpose of this part and that are undertaken in 
consultation with the Advisory Committee. 
"SEC. 4125. NATIONAL COORDINATOR PROGRAM. 
20 USC 7135. 
"(a) IN GENERAL.—From funds made available to carry out 
this subpart under section 4003(2), the Secretary may provide for 
the establishment of a National Coordinator Program under which 
the Secretary shall award grants to local educational agencies for 
the hiring of drug prevention and school safety program coordina-
tors. 
"(b) USE OF FUNDS.—^Amounts received under a grant under 
subsection (a) shall be used by local educational agencies to recruit, 
hire, and train individuals to serve as drug prevention and school 
safety program coordinators in schools with significant drug and 
school safety problems. Such coordinators shall be responsible for 
developing, conducting, and analyzing assessments of drug and 
115 STAT. 1756 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 7136. 
Establishment. 
20 use 7137. 
Publication. 
Reports. 
20 use 7138. 
crime problems at their schools, and administering the safe and 
drug-free grant program at such schools. 
"SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM. 
"(a) IN GENERAL.—From funds made available to carry out 
this subpart under section 4003(2), the Secretary may make grants 
to States to carry out programs under which students expelled 
or suspended from school are required to perform community 
service. 
"(b) ALLOCATION.—From the amount described in subsection 
(a), the Secretary shall allocate among the States— 
"(1) one-half according to the ratio between the school-
aged population of each State and the school-aged population 
of all the States; and 
"(2) one-half according to the ratio between the amount 
each State received under section 1124A for the preceding 
year and the sum of such amounts received by all the States. 
"(c) MINIMUM.—For any fiscal year, no State shall be allotted 
under this section an amount that is less than one-half of 1 percent 
of the total amount allotted to all the States under this section. 
"(d) REALLOTMENT.—The Secretary may reallot any amount 
of any allotment to a State if the Secretary determines that the 
State will be unable to use such amount within 2 years of such 
allotment. Such reallotments shall be made on the same basis 
as allotments are made under subsection (b). 
"(e) DEFINITION.—In this section, the term 'State' means each 
of the 50 States, the District of Columbia, and the Commonwealth 
of Puerto Rico. 
"SEC. 
4127. 
SCHOOL 
SECURITY 
TECHNOLOGY 
AND 
RESOURCE 
CENTER. 
"(a) CENTER.—From funds made available to carry out this 
subpart under section 4003(2), the Secretary, the Attorney General, 
and the Secretary of Energy may enter into an agreement for 
the establishment at the Sandia National Laboratories, in partner-
ship with the National Law Enforcement and Corrections Tech-
nology Center—Southeast and the National Center for Rural Law 
Enforcement in Little Rock, Arkansas, of a center to be known 
as the 'School Security Technology and Resource Center' (hereafter 
in this section 'the Center'). 
"(b) ADMINISTRATION.—The Center established under subsection 
(a) shall be administered by the Attorney General. 
"(c) FUNCTIONS.—The center established under subsection (a) 
shall be a resource to local educational agencies for school security 
assessments, security technology development, evaluation and 
implementation, and technical assistance relating to improving 
school security. The Center will also conduct and publish school 
violence research, coalesce data from victim communities, and mon-
itor and report on schools that implement school security strategies. 
"SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY. 
"(a) ESTABLISHMENT.—From funds made available to carry out 
this subpart under section 4003(2), the Secretary of Education 
and the Attorney General may jointly establish a National Center 
for School and Youth Safety (in this section referred to as the 
'Center'). The Secretary of Education and the Attorney General 
may establish the Center at an existing facility, if the facility 
has a history of performing two or more of the duties described 
in subsection (b). The Secretary of Education and the Attorney 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1757 
General shall jointly appoint a Director of the Center to oversee 
the operation of the Center. 
"(b) DUTIES.—The Center shall carry out emergency response, 
anonymous student hotline, consultation, and information and out-
reach activities with respect to elementary and secondary school 
safety, including the following: 
"(1) EMERGENCY RESPONSE.—The staff of the Center, and 
such temporary contract employees as the Director of the 
Center shall determine necessary, shall offer emergency assist-
ance to local communities to respond to school safety crises. 
Such assistance shall include counseling for victims and the 
community, assistance to law enforcement to address short-
term security concerns, and advice on how to enhance school 
safety, prevent future 
incidents, and respond to 
future 
incidents. 
"(2) ANONYMOUS STUDENT HOTLINE.—The Center shall 
establish a toll-free telephone number for students to report 
criminal activity, threats of criminal activity, and other high-
risk behaviors such as substance abuse, gang or cult affiliation, 
depression, or other warning signs of potentially violent 
behavior. The Center shall relay the reports, without attribu-
tion, to local law enforcement or appropriate school hotlines. 
The Director of the Center shall work with the Attorney General 
to establish guidelines for Center staff to work with law enforce-
ment around the Nation to relay information reported through 
the hotline. 
"(3) CONSULTATION.—The Center shall estabhsh a toll-free 
number for the public to contact staff of the Center for consulta-
tion regarding school safety. The Director of the Center shall 
hire administrative staff and individuals with expertise in 
enhancing school safety, including individuals with back-
grounds in counseling and psychology, education, law enforce-
ment and criminal justice, and community development to 
assist in the consultation. 
"(4) INFORMATION AND OUTREACH.—The Center shall com-
pile information about the best practices in school violence 
prevention, intervention, and crisis management, and shall 
serve as a clearinghouse for model school safety program 
information. The staff of the Center shall work to ensure local 
governments, school officials, parents, students, and law 
enforcement officials and agencies are aware of the resources, 
grants, and expertise available to enhance school safety and 
prevent school crime. The staff of the Center shall give special 
attention to providing outreach to rural and impoverished 
communities. 
"SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE. 
20 USC 7139. 
"(a) IN GENERAL.—The Secretary, in consultation with the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may award grants from funds made available to 
carry out this subpart under section 4003(2), on a competitive 
basis, to local educational agencies to enable such agencies to 
develop and implement innovative and effective programs to reduce 
alcohol abuse in secondary schools. 
"(b) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (a), a local educational agency shall prepare and submit 
to the Secretary an application at such time, in such manner. 
115 STAT. 1758 
PUBLIC LAW 107-110-^AN. 8, 2002 
and containing such information as the Secretary may require, 
including— 
"(1) a description of the activities to be carried out under 
the grant; 
"(2) an assurance that such activities will include one or 
more of the proven strategies for reducing underage alcohol 
abuse as determined by the Substance Abuse £ind Mental 
Health Services Administration; 
"(3) an explanation of how activities to be carried out 
under the grant that are not described in paragraph (2) will 
be effective in reducing underage alcohol abuse, including ref-
erences to the past effectiveness of such activities; 
"(4) an assurance that the applicant will submit to the 
Secretary an annual report concerning the effectiveness of the 
programs and activities funded under the grant; and 
"(5) such other information as the Secretary determines 
appropriate. 
Procedures. 
"(c) STREAMLINING OF PROCESS FOR L O W - I N C O M E AND RURAL 
LEAs.—The Secretary, in consultation with the Administrator of 
the Substance Abuse and Mental Health Services Administration, 
shall develop procedures to make the application process for grants 
under this section more user-friendly, particularly for low-income 
and rural local educational agencies. 
"(d) RESERVATIONS.— 
"(1) SAMHSA.—The Secretary may Reserve 20 percent of 
any amount used to carry out this section to enable the 
Administrator of the Substance Abuse and Mental Health Serv-
ices Administration to provide alcohol abuse resources and 
start-up assistance to local educational agencies receiving 
grants under this section. 
"(2) LOW-INCOME AND RURAL AREAS.—The Secretary may 
reserve 25 percent of any amount used to carry out this section 
to award grants to low-income and rural local educational agen-
cies. 
20 u s e 7140. 
"SEC, 4130. MENTORING PROGRAMS. 
"(a) PURPOSE; DEFINITIONS.— 
"(1) PURPOSE.—The purpose of this section is to make 
assistance available to promote mentoring programs for chil-
dren with greatest need— 
"(A) to assist such children in receiving support and 
guidance from a mentor; 
"(B) to improve the academic achievement of such chil-
dren; 
"(C) to improve interpersonal relationships between 
such children and their peers, teachers, other adults, and 
family members; 
"(D) to reduce the dropout rate of such children; and 
"(E) to reduce juvenile delinquency and involvement 
in gangs by such children. 
"(2) DEFINITIONS.—In this part: 
"(A) CHILD WITH GREATEST NEED.—The term 'child with 
greatest need' means a child who is at risk of educational 
failure, dropping out of school, or involvement in criminal 
or delinquent activities, or who lacks strong positive role 
models. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1759 
"(B) 
ELIGIBLE 
ENTITY.—The term 'eligible entity' 
means— 
"(i) a local educational agency; 
"(ii) a nonprofit, community-based organization; or 
"(iii) a partnership between a local educational 
agency and a nonprofit, community-based organization. 
"(C) MENTOR.—The term 'mentor' means a responsible 
adult, a postsecondary school student, or a secondary school 
student who works with a child— 
"(i) to provide a positive role model for the child; 
"(ii) to establish a supportive relationship with 
the child; and 
"(iii) to provide the child with academic assistance 
and exposure to new experiences and examples of 
opportunity that enhance the ability of the child to 
become a responsible adult. 
"(D) STATE.—The term 'State' means each of the sev-
eral States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
"(b) GRANT PROGRAM.— 
"(1) IN GENERAL.—The Secretary may award grants from 
funds made available to carry out this subpart under section 
4003(2) to eligible entities to assist such entities in establishing 
and supporting mentoring programs and activities for children 
with greatest need that— 
"(A) are designed to link such children (particularly 
children living in rural areas, high-crime areas, or troubled 
home environments, or children experiencing educational 
failure) with mentors who— 
"(i) have received training and support in men-
toring; 
"(ii) have been screened using appropriate ref-
erence checks, child and domestic abuse record checks, 
and criminal background checks; and 
"(iii) are interested in working with children with 
greatest need; and 
"(B) are intended to achieve one or more of the fol-
lowing goals with respect to children with greatest need: 
"(i) Provide general guidance. 
"(ii) Promote personal and social responsibility, 
"(iii) Increase participation in, and enhance the 
ability to benefit from, elementary and secondary edu-
cation. 
"(iv) Discourage illegal use of drugs and alcohol, 
violence, use of dangerous weapons, promiscuous 
behavior, and other criminal, harmful, or potentially 
harmful activity. 
"(v) Encourage participation in community service 
and community activities. 
"(vi) Encourage setting goals and planning for the 
future, including encouragement of graduation from 
secondary school and pleinning for postsecondary edu-
cation or training. 
"(viii) Discourage involvement in gangs. 
"(2) USE OF FUNDS.— 
115 STAT. 1760 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(A) IN GENERAL.—Each eligible entity awarded a grant 
under this subsection shall use the grant funds for activities 
that establish or implement a mentoring program, that 
may include— 
"(i) hiring of mentoring coordinators and support 
staff; 
"(ii) providing for the professional development of 
mentoring coordinators and support staff; 
"(iii) recruitment, screening, and training of men-
tors; 
"(iv) reimbursement to schools, if appropriate, for 
the use of school materials or supplies in carrying 
out the mentoring program; 
"(v) dissemination of outreach materials; 
"(vi) evaluation of the mentoring program using 
scientifically based methods; and 
"(vii) such other activities as the Secretary may 
reasonably prescribe by rule. 
"(B) 
PROHIBITED 
USES.—Notwithstanding 
subpara-
graph (A), an eligible entity awarded a grant under this 
section may not use the grant funds— 
"(i) to directly compensate mentors; 
"(ii) to obtain educational or other materials or 
equipment that would otherwise be used in the ordi-
nary course of the eligible entity's operations; 
"(iii) to support litigation of any kind; or 
"(iv) for any other purpose reasonably prohibited 
by the Secretary by rule. 
"(3) 
AVAILABILITY OF FUNDS.—Funds made 
available 
through a grant under this section shall be available for obliga-
tion for a period not to exceed 3 years. 
"(4) APPLICATION.—Each eligible entity seeking a grant 
under this section shall submit to the Secretary an application 
that includes— 
"(A) a description of the plan for the mentoring pro-
gram the eligible entity proposes to carry out with such 
grant; 
"(B) information on the children expected to be served 
by the mentoring program for which such grant is sought; 
"(C) a description of the mechanism the eligible entity 
will use to match children with mentors based on the 
needs of the children; 
"(D) an assurance that no mentor will be assigned 
to mentor so many children that the assignment will imider-
mine the mentor's ability to be an effective mentor or 
the mentor's ability to establish a close relationship (a 
one-to-one relationship, where practicable) with each 
mentored child; 
"(E) an assurance that the mentoring program will 
provide children with a variety of experiences and support, 
including— 
"(i) emotional support; 
"(ii) academic assistance; and 
"(iii) exposure to experiences that the children 
might not otherwise encounter on their own; 
"(F) an assurance that the mentoring program will 
be monitored to ensure that each child assigned a mentor 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1761 
benefits from that assignment and that the child will be 
assigned a new mentor if the relationship between the 
original mentor and the child is not beneficial to the child; 
"(G) information regarding how mentors and children 
will be recruited to the mentoring program; 
"(H) information regarding how prospective mentors 
will be screened; 
"(I) information on the training that will be provided 
to mentors; and 
"(J) information on the system that the eligible entity 
will use to manage and monitor information relating to 
the mentoring program's— 
"(i) reference checks; 
"(ii) child and domestic abuse record checks; 
"(iii) criminal background checks; and 
"(iv) procedure for matching children with mentors. 
"(5) SELECTION.— 
"(A) COMPETITIVE BASIS.—In accordance with this sub-
section, the Secretary shall award grants to eligible entities 
on a competitive basis. 
"(B) PRIORITY.—In awarding grants under subpara-
graph (A), the Secretary shall give priority to each eligible 
entity that— 
"(i) serves children with greatest need living in 
rural areas, high-crime areas, or troubled home 
environments, or who attend schools with violence 
problems; 
"(ii) provides high quality background screening 
of mentors, training of mentors, and technical assist-
ance in carrying out mentoring programs; or 
"(iii) proposes a school-based mentoring program. 
"(C) OTHER 
CONSIDERATIONS.—In awarding 
grants 
under subparagraph (A), the Secretary shall also consider— 
"(i) the degree to which the location of the men-
toring program proposed by each eligible entity contrib-
utes to a fair distribution of mentoring programs with 
respect to urban and rural locations; 
"(ii) the quality of the mentoring program proposed 
by each eligible entity, including— 
"(I) the resources, if any, the eligible entity 
will dedicate to providing children with opportuni-
ties for job training or postsecondary education; 
"(II) the degree to which parents, teachers, 
community-based organizations, and the local 
community have participated, or will participate, 
in the design and implementation of the proposed 
mentoring program; 
"(III) the degree to which the eligible entity 
can ensure that mentors will develop longstanding 
relationships with the children they mentor; 
"(IV) the degree to which the mentoring pro-
gram will serve children with greatest need in 
the 4th through 8th grades; and 
"(V) the degree to which the mentoring pro-
gram will continue to serve children from the 9th 
grade through graduation from secondary school, 
as needed; and 
115 STAT. 1762 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(iii) the capability of each eUgible entity to effec-
tively implement its mentoring program. 
"(D) GRANT TO EACH STATE.—Notwithstanding any 
other provision of this subsection, in awarding grants under 
subparagraph (A), the Secretary shall select not less than 
one grant recipient from each State for which there is 
an eligible entity that submits an application of sufficient 
quality pursuant to paragraph (4). 
"(6) MODEL SCREENING GUIDELINES.— 
"(A) IN GENERAL.—Based on model screening guidelines 
developed by the Office of Juvenile Programs of the Depart-
ment of Justice, the Secretary shall develop and distribute 
to each eligible entity awarded a grant under this section 
specific model guidelines for the screening of mentors who 
seek to participate in mentoring programs assisted under 
this section. 
"(B) BACKGROUND CHECKS.—^The guidelines developed 
under this subsection shall include, at a minimum, a 
requirement that potential mentors be subject to reference 
checks, child and domestic abuse record checks, and 
criminal background checks. 
Gun-Free Schools 
"Subpart 3—Guil PoSSeSsiOIl 
Act. 
20 use 7151. 
"SEC. 4141. GUN-FREE REQUIREMENTS. 
"(a) SHORT TITLE.—This subpart may be cited as the 'Gun-
Free Schools Act'. 
"(b) REQUIREMENTS.— 
"(1) IN GENERAL.—Each State receiving Federal funds 
under any title of this Act shall have in effect a State law 
requiring local educational agencies to expel from school for 
a period of not less than 1 year a student who is determined 
to have brought a firearm to a school, or to have possessed 
a firearm at a school, under the jurisdiction of local educational 
agencies in that State, except that such State law shall allow 
the chief administering officer of a local educational agency 
to modify such expulsion requirement for a student on a case-
by-case basis if such modification is in writing. 
"(2) CONSTRUCTION.—Nothing in this subpart shall be con-
strued to prevent a State from allowing a local educational 
agency that has expelled a student from such a student's reg-
ular school setting from providing educational services to such 
student in an alternative setting. 
"(3) DEFINITION.—For the purpose of this section, the term 
'firearm' has the same meaning given such term in section 
921(a) of title 18, United States Code. 
"(c) SPECIAL RULE.—^The provisions of this section shall be 
construed in a manner consistent with the Individuals with Disabil-
ities Education Act. 
"(d) 
REPORT TO STATE.—Each 
local 
educational 
agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the application 
requesting such assistance— 
"(1) an assurance that such local educational agency is 
in compliance with the State law required by subsection (b); 
and 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1763 
"(2) a description of the circumstances surrounding any 
expulsions imposed under the State law required by subsection 
(b), including— 
"(A) the name of the school concerned; 
"(B) the number of students expelled from such school; 
and 
"(C) the type of firearms concerned. 
"(e) REPORTING.—Each State shall report the information 
described in subsection (d) to the Secretary on an annual basis, 
"(f) DEFINITION.—For the purpose of subsection (d), the term 
'school' means any setting that is under the control and supervision 
of the local educational agency for the purpose of student activities 
approved and authorized by the local educational agency. 
"(g) EXCEPTION.—Nothing in this section shall apply to a fire-
arm that is lawfully stored inside a locked vehicle on school prop-
erty, or if it is for activities approved and authorized by the local 
educational agency and the local educational agency adopts appro-
priate safeguards to ensure student safety. 
"(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.— 
"(1) IN GENERAL.—No funds shall be made available under 
any title of this Act to any local educational agency unless 
such agency has a policy requiring referral to the criminal 
justice or juvenile delinquency system of any student who 
brings a firearm or weapon to a school served by such agency. 
"(2) DEFINITION.—For the purpose of this subsection, the 
term 'school' has the same meaning given to such term by 
section 921(a) of title 18, United States Code. 
"Subpart 4—General Provisions 
"SEC. 4151. DEFINITIONS. 
20USC7161. 
"In this part: 
"(1) CONTROLLED SUBSTANCE.—The term 'controlled sub-
stance' means a drug or other substance identified under 
Schedule I, II, III, IV, or V in section 202(c) of the Controlled 
Substances Act (21 U.S.C. 812(c)). 
"(2) DRUG.—The term 'drug^ includes controlled substances; 
the illegal use of alcohol and tobacco; and the harmful, abusive, 
or addictive use of substances, including inhalants and anabolic 
steroids. 
"(3) DRUG AND VIOLENCE PREVENTION.—The term 'drug and 
violence prevention' means— 
"(A) with respect to drugs, prevention, early interven-
tion, rehabilitation referral, or education related to the 
illegal use of drugs; 
"(B) with respect to violence, the promotion of school 
safety, such that students and school personnel are free 
from violent and disruptive acts, including sexual harass-
ment and abuse, and victimization associated with preju-
dice and intolerance, on school premises, going to and 
from school, and at school-sponsored activities, through 
the creation and maintenance of a school environment that 
is free of weapons and fosters individual responsibility 
and respect for the rights of others. 
"(4) HATE CRIME.—The term 'hate crime' means a crime 
as described in section 1(b) of the Hate Crime Statistics Act 
of 1990. 
115 STAT. 1764 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(5) NONPROFIT.—The term 'nonprofit', as applied to a 
school, agency, organization, or institution means a school, 
agency, organization, or institution owned and operated by 
one or more nonprofit corporations or associations, no part 
of the net earnings of which inures, or may lawfully inure, 
to the benefit of any private shareholder or individual. 
"(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—The terms 
'protective factor', 'buffer', and 'asset' mean any one of a number 
of the community, school, family, or peer-individual domains 
that are known, through prospective, longitudinal research 
efforts, or which are grounded in a well-established theoretical 
model of prevention, and have been shown to prevent alcohol, 
tobacco, or illegal drug use, as well as violent behavior, by 
youth in the community, and which promote positive youth 
development. 
"(7) RISK FACTOR.—The term 'risk factor' means any one 
of a number of characteristics of the community, school, family, 
or peer-individual domains that are known, through prospec-
tive, longitudinal research efforts, to be predictive of alcohol, 
tobacco, and illegal drug use, as well as violent behavior, by 
youth in the school and community. 
"(8) SCHOOL-AGED 
POPULATION.—The term 'school-aged 
population' means the population aged five through 17, as 
determined by the Secretary on the basis of the most recent 
satisfactory data available from the Department of Commerce. 
"(9) SCHOOL BASED MENTAL HEALTH SERVICES PROVIDER.— 
The term 'school based mental health services provider' includes 
a State licensed or State certified school counselor, school 
psychologist, school social worker, or other State licensed or 
certified mental health professional qualified under State law 
to provide such services to children and adolescents. 
"(10) SCHOOL PERSONNEL.—The term 'school personnel' 
includes teachers, principals, administrators, counselors, social 
workers, psychologists, nurses, librarians, and other support 
staff who are employed by a school or who perform services 
for the school on a contractual basis. 
"(11) 
SCHOOL 
RESOURCE 
OFFICER.—The 
term 
'school 
resource officer' means a career law enforcement officer, with 
sworn authority, deployed in community oriented policing, and 
assigned by the employing police department to a local edu-
cational agency to work in collaboration with schools and 
community based organizations to— 
"(A) educate students in crime and illegal drug use 
prevention and safety; 
"(B) develop or expand community justice initiatives 
for students; and 
"(C) train students in conflict resolution, restorative 
justice, and crime and illegal drug use awareness. 
20 use 7162. 
"SEC. 4152. MESSAGE AND MATERLfVLS. 
"(a) 
'WRONG AND HARMFUL' MESSAGE.—Drug and 
violence 
prevention programs supported under this part shall convey a clear 
and consistent message that the illegal use of drugs and acts 
of violence are wrong and harmful. 
"(b) CURRICULUM.—The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1765 
"SEC. 4153. PARENTAL CONSENT. 
20 USC 7163. 
"Upon receipt of written notification from the parents or legal 
guardians of a student, the local educational agency shall withdraw 
such student from any program or activity funded under this part. 
The local educational agency shall make reasonable efforts to inform 
parents or legal guardians of the content of such programs or 
activities funded under this part, other than classroom instruction. 
"SEC. 4154. PROHIBITED USES OF FUNDS. 
20 USC 7164. 
"No funds under this part may be used for— 
"(1) construction (except for minor remodeling needed to 
accomplish the purposes of this part); or 
"(2) medical services, drug treatment or rehabilitation, 
except for pupil services or referral to treatment for students 
who are victims of, or witnesses to, crime or who illegally 
use drugs. 
"SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS. 
20 USC 7165. 
"(a) NONAPPLICATION OF PROVISIONS.—This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or other 
nonpublic school, person, institution, or other entity, that provides 
education below the college level. 
"(b) DISCIPLINARY RECORDS.—In accordance with the Family Deadline. 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), Procedures, 
not later than 2 years after the date of enactment of this part, 
each State receiving Federal funds under this Act shall provide 
an assurance to the Secretary that the State has a procedure 
in place to facilitate the transfer of disciplinary records, with respect 
to a suspension or expulsion, by local educational agencies to any 
private or public elementary school or secondary school for any 
student who is enrolled or seeks, intends, or is instructed to enroll, 
on a full- or part-time basis, in the school. 
"PART B—21ST CENTURY COMMUNITY 
LEARNING CENTERS 
"SEC. 4201. PURPOSE; DEFINITIONS. 
20 USC 7171. 
"(a) PURPOSE.—^The purpose of this part is to provide opportuni-
ties for communities to establish or expand activities in community 
learning centers that— 
"(1) provide 
opportunities 
for 
academic 
enrichment, 
including providing tutorial services to help students, particu-
larly students who attend low-performing schools, to meet State 
and local student academic achievement standards in core aca-
demic subjects, such as reading and mathematics; 
"(2) offer students a broad array of additional services, 
programs, and activities, such as youth development activities, 
drug and violence prevention programs, counseling programs, 
art, music, and recreation programs, technology education pro-
grams, and character education programs, that are designed 
to reinforce and complement the regular academic program 
of participating students; and 
"(3) offer families of students served by community learning 
centers opportunities for literacy and related educational 
development. 
"(b) DEFINITIONS.—In this part: 
115 STAT. 1766 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) COMMUNITY LEARNING CENTER.—The term 'community 
learning center' means an entity that— 
"(A) assists students in meeting State and local aca-
demic achievement standards in core academic subjects, 
such as reading and mathematics, by providing the stu-
dents with opportunities for academic enrichment activities 
and a broad array of other activities (such as drug and 
violence prevention, counseling, art, music, recreation, tech-
nology, and character education programs) during non-
school hours or periods when school is not in session (such 
as before and after school or during summer recess) that 
reinforce and complement the regular academic programs 
of the schools attended by the students served; and 
"(B) offers families of students served by such center 
opportunities for literacy and related educational develop-
ment. 
"(2) 
COVERED 
PROGRAM.—The term 'covered program' 
means a program for which— 
"(A) the Secretary made a grant under part I of title 
X (as such part was in effect on the day before the date 
of enactment of the No Child Left Behind Act of 2001); 
and 
"(B) the grant period had not ended on that date of 
enactment. 
"(3) ELIGIBLE ENTITY.—The term 'eligible entity' means a 
local 
educational 
agency, 
community-based 
organization, 
another public or private entity, or a consortium of two or 
more of such agencies, organizations, or entities. 
"(4) STATE.—The term 'State' means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto 
Rico. 
20 use 7172. 
"SEC. 4202. ALLOTMENTS TO STATES. 
"(a) RESERVATION.—From the funds appropriated under section 
4206 for any fiscal year, the Secretary shall reserve— 
"(1) such amount as may be necessary to make continuation 
awards to grant recipients under covered programs (under the 
terms of those grants); 
"(2) not more than 1 percent for national activities, which 
the Secretary may carry out directly or through grants and 
contracts, such as providing technical assistance to eligible 
entities carrying out programs under this part or conducting 
a national evaluation; and 
"(3) not more than 1 percent for payments to the outlying 
areas and the Bureau of Indian Affairs, to be allotted in accord-
ance with their respective needs for assistance under this part, 
as determined 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 appropriated under 
section 4206 for any fiscal year and remaining after the Sec-
retary 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 subpart 2 of part A of title I for 
the preceding fiscal year bears to the amount all States received 
under that subpart for the preceding fiscal year, except that 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1767 
no State shall receive less than an amount equal to one-half 
of 1 percent 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 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 95 percent of the 
amount allotted to such State under subsection (b), for each 
fiscal year for awards to eligible entities under section 4204. 
"(2) STATE ADMINISTRATION.—A State educational agency 
may use not more than 2 percent of the amount made available 
to the State under subsection (b) for— 
"(A) the administrative costs of carrying out its respon-
sibilities under this part; 
"(B) establishing and implementing a peer review 
process for grant applications described in section 4204(b) 
(including consultation with the Governor and other State 
agencies responsible for administering youth development 
programs and adult learning activities); and 
supervising the awarding of funds to eligible entities 
(in consultation with the Governor and other State agencies 
responsible for administering youth development programs 
and adult learning activities). 
"(3) STATE ACTIVITIES.—^A State educational agency may 
use not more than 3 percent of the amount made available 
to the State under subsection (b) for the following activities: 
"(A) Monitoring and evaluation of programs and activi-
ties assisted under this part. 
"(B) Providing capacity building, training, and tech-
nical assistance under this part. 
"(C) Comprehensive evaluation (directly, or through 
a grant or contract) of the effectiveness of programs and 
activities assisted under this part. 
"(D) Providing training and technical assistance to 
eligible entities who are applicants for or recipients of 
awards under this part. 
"SEC. 4203. STATE APPLICATION. 
20USC7173. 
"(a) IN GENERAL.—In order to receive an allotment under sec-
tion 4202 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 supervision of programs 
assisted under this part; 
"(2) describes how the State educational agency will use 
funds received under this part, including funds reserved for 
State-level activities; 
"(3) contains an assurance that the State educational 
agency will make awards under this part only to eligible entities 
that propose to serve— 
"(A) students who primarily attend— 
"(i) schools eligible for schoolwide programs under 
section 1114; or 
115 STAT. 1768 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) schools that serve a high percentage of stu-
dents from low-income families; and 
"(B) the families of students described in subparagraph 
(A); 
"(4) describes the procedures and criteria the State edu-
cational agency will use for reviewing applications 
and 
awarding funds to eligible entities on a competitive basis, which 
shall include procedures and criteria that take into consider-
ation the likelihood that a proposed community learning center 
will help participating students meet local content and student 
academic achievement standards; 
"(5) 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 consistent with the purpose 
of this part; and 
"(B) in amounts that are consistent with section 
4204(h); 
"(6) describes the steps the State educational agency will 
take to ensure that programs implement effective strategies, 
including providing ongoing technical assistance and training, 
evaluation, and dissemination of promising practices; 
"(7) describes how programs under this part will be coordi-
nated with programs under this Act, and other programs as 
appropriate; 
"(8) contains an assurance that the State educational 
agency— 
"(A) will make awards for programs for a period of 
not less than 3 years and not more than 5 years; and 
"(B) will require each eligible entity seeking such an 
award to submit a plan describing how the community 
learning center to be funded through the award will con-
tinue after funding under this part ends; 
"(9) contains an assurance that funds appropriated to carry 
out this part will be used to supplement, and not supplant, 
other Federal, State, and local public funds expended to provide 
programs and activities authorized under this part and other 
similar programs; 
"(10) contains an assurance that the State educational 
agency will require eligible entities to describe in their applica-
tions under section 4204(b) how the transportation needs of 
participating students will be addressed; 
"(11) provides an assurance that the application was devel-
oped in consultation and coordination with appropriate State 
officials, including the chief State school officer, and other State 
agencies administering before and after school (or summer 
school) programs, the heads of the State health and mental 
health agencies or their designees, and representatives of 
teachers, parents, students, the business community, and 
community-based organizations; 
"(12) describes the results of the State's needs and 
resources assessment for before and after school activities, 
which shall be based on the results of on-going State evaluation 
activities; 
"(13) describes how the State educational agency will 
evaluate the effectiveness of programs and activities carried 
out under this part, which shall include, at a minimum— 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1769 
"(A) a description of the performance indicators and 
performance measures that will be used to evaluate pro-
grams and activities; and 
"(B) public dissemination of the evaluations of pro-
grams and activities carried out under this part; and 
"(14) provides for timely public notice of intent to file 
an application and an assurance that the application will be 
available for public review after submission. 
"(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 expiration of the 120-day period 
beginning on the date on which the Secretary received the applica-
tion, 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 opportunity for a hearing. 
"(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 oppor-
tunity for a hearing; and 
"(2) notify the State educational agency of the finding of 
noncompliance, and, in such notification, shall— 
"(A) cite the specific provisions in the application that 
are not in compliance; and 
"(B) request additional information, only as to the non-
compliant provisions, needed to make the application 
compliant. 
"(e) RESPONSE.—If the State educational agency responds to 
the Secretary's notification described in subsection (d)(2) during 
the 45-day period beginning on the date on which the agency 
received the notification, and resubmits the application with the 
requested information described in subsection (d)(2)(B), the Sec-
retary shall approve or disapprove such application prior to the 
later o
f
— 
"(1) the expiration of the 45-day period beginning on the 
date on which the application is resubmitted; or 
"(2) the expiration of the 120-day period described in sub-
section (b). 
"(f) FAILURE TO RESPOND.—If the State educational agency 
does not respond 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, such application shall 
be deemed to be disapproved. 
"SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM. 
20 USC 7174. 
"(a) IN GENERAL.—^A State that receives funds under this part 
for a fiscal year shall provide the amount made available under 
section 4202(c)( 1) to eligible entities for community learning centers 
in accordance with this part. 
"(b) 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 information as the State educational agency 
may reasonably require. 
115 STAT. 1770 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(2) CONTENTS.—Each application submitted under para-
graph (1) shall include— 
"(A) a description of the before and after school or 
summer recess activities to be funded, including— 
"(i) an assurance that the program will take place 
in a safe and easily accessible facility; 
"(ii) a description of how students participating 
in the program carried out by the community learning 
center will travel safely to and from the center and 
home; and 
"(iii) a description of how the eligible entity will 
disseminate information about the community learning 
center (including its location) to the community in 
a manner that is understandable and accessible; 
"(B) a description of how the activity is expected to 
improve student academic achievement; 
"(C) an identification of Federal, State, and local pro-
grams that will be combined or coordinated with the pro-
posed program to make the most effective use of public 
resources; 
"(D) an assurance that the proposed program was 
developed, and will be carried out, in active collaboration 
with the schools the students attend; 
"(E) a description of how the activities will meet the 
principles of effectiveness described in section 4205(b); 
"(F) an assurance that the program will primarily tar-
get students who attend schools eligible for schoolwide 
programs under section 1114 and the families of such stu-
dents; 
"(G) 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 Fed-
eral, State, local, or non-Federal funds; 
"(H) a description of the partnership between a local 
educational agency, a community-based organization, and 
another public entity or private entity, if appropriate; 
"(I) an evaluation of the community needs and avail-
able resources for the community learning center and a 
description of how the program proposed to be carried 
out in the center will address those needs (including the 
needs of working families); 
"(J) a demonstration that the eligible entity has experi-
ence, or promise of success, in providing educational and 
related activities that will complement and enhance the 
academic performance, achievement, and positive youth 
development of the students; 
"(K) a description of a preliminary plan for how the 
community learning center will continue after funding 
under this part ends; 
"(L) an assurance that the community will be given 
notice of an intent to submit an application and that the 
application and any waiver request will be available for 
public review after submission of the application; 
"(M) if the eligible entity plans to use senior volunteers 
in activities carried out through the community learning 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1771 
center, a description of how the eligible entity will encour-
age and use appropriately qualified seniors to serve as 
the volunteers; and 
"(N) such other information and assurances as the 
State educational agency may reasonably require. 
"(c) APPROVAL OF CERTAIN APPLICATIONS.—The State edu-
cational agency may approve an application under this part for 
a program to be located in a facility other than an elementary 
school or secondary school only if the program will be at least 
as available and accessible to the students to be served as if the 
program were located in an elementary school or secondary school. 
"(d) PERMISSIVE LOCAL MATCH.— 
"(1) IN GENERAL.—^A State educational agency may require 
an eligible entity to match funds awarded under this part, 
except that such match may not exceed the amount of the 
grant award and may not be derived from other Federal or 
State funds. 
"(2) SLIDING SCALE.—The amount of a match under para-
graph (1) shall be established based on a sliding fee scale 
that takes into account— 
"(A) the relative poverty of the population to be tar-
geted by the eligible entity; and 
"(B) the ability of the eligible entity to obtain such 
. matching funds. 
"(3) 
IN-KIND 
CONTRIBUTIONS.—Each State 
educational 
agency that requires an eligible entity to match funds under 
this subsection shall permit the eligible entity to provide all 
or any portion of such match in the form of in-kind contribu-
tions. 
"(4) CONSIDERATION.—Notwithstanding this subsection, a 
State educational agency shall not consider an eligible entity's 
ability to match funds when determining which eligible entities 
will receive awards under this part. 
"(e) PEER 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. 
"(f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State 
educational agency shall distribute funds under this part equitably 
among geographic areas within the State, including urban and 
rural communities. 
"(g) DURATION OF AWARDS.—Grants under this part may be 
awarded for a period of not less than 3 years and not more than 
5 years. 
"(h) AMOUNT OF AWARDS.—^A grant awarded under this part 
may not be made in an amount that is less than $50,000. 
"(i) PRIORITY.— 
"(1) IN GENERAL.—In awarding grants under this part, 
a State educational agency shall give priority to applications— 
"(A) proposing to target services to students who attend 
schools that have been identified as in need of improvement 
under section 1116; and 
"(B) submitted jointly by eligible entities consisting 
of not less than 1— 
"(i) local educational agency receiving funds under 
part A of title I; and 
"(ii) community-based organization or other public 
or private entity. 
115 STAT. 1772 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) SPECIAL RULE.—The State educational agency shall 
provide the same priority under paragraph (1) to an application 
submitted by a local educational agency if the local educational 
agency demonstrates that it is unable to partner with a commu-
nity-based organization in reasonable geographic proximity and 
of sufficient quality to meet the requirements of this part. 
20 use 7175. 
"SEC. 4205. LOCAL ACTIVITIES. 
"(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives 
an award under this part may use the award funds to carry out 
a broad array of before and after school activities (including during 
summer recess periods) that advance student academic achieve-
ment, including— 
"(1) remedial education activities and academic enrichment 
learning programs, including providing additional assistance 
to students to allow the students to improve their academic 
achievement; 
"(2) mathematics and science education activities; 
"(3) arts and music education activities; 
"(4) entrepreneurial education programs; 
"(5) tutoring services (including those provided by senior 
citizen volunteers) and mentoring programs; 
"(6) programs that provide after school activities for limited 
English proficient students that emphasize language skills and 
academic achievement; 
"(7) recreational activities; 
"(8) telecommunications and technology education pro-
grams; 
"(9) expanded library service hours; 
"(10) programs that promote parental involvement and 
family literacy; 
"(11) programs that provide assistance to students who 
have been truant, suspended, or expelled to allow the students 
to improve their academic achievement; and 
"(12) drug and violence prevention programs, counseling 
programs, and character education programs. 
"(b) PRINCIPLES OF EFFECTIVENESS.— 
"(1) IN GENERAL.—For a program or activity developed 
pursuant to this part to meet the principles of effectiveness, 
such program or activity shall— 
"(A) be based upon an assessment of objective data 
regarding the need for before and after school programs 
(including during summer recess periods) and activities 
in the schools and communities; 
"(B) be based upon an established set of performance 
measures aimed at ensuring the availability of high quality 
academic enrichment opportunities; and 
"(C) if appropriate, be based upon scientifically based 
research that provides evidence that the program or activity 
will help students meet the State and local student aca-
demic achievement standards. 
"(2) PERIODIC EVALUATION.— 
"(A) IN GENERAL.—^The program or activity shall 
undergo a periodic evaluation to assess its progress toward 
achieving its goal of providing high quality opportunities 
for academic enrichment. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1773 
PubHc 
information. 
Notice. 
20 u s e 7176. 
"(B) USE OF RESULTS.—The results of evaluations 
under subparagraph (A) shall be— 
"(i) used to refine, improve, and strengthen the 
program or activity, and to refine the performance 
measures; and 
"(ii) made available to the public upon request, 
with public notice of such availability provided. 
"SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated— 
"(1) $1,250,000,000 for fiscal year 2002; 
"(2) $1,500,000,000 for fiscal year 2003; 
"(3) $1,750,000,000 for fiscal year 2004; 
"(4) $2,000,000,000 for fiscal year 2005; 
"(5) $2,250,000,000 for fiscal year 2006; and 
"(6) $2,500,000,000 for fiscal year 2007. 
"PART C—ENVIRONMENTAL TOBACCO SMOKE 
Pro children A
c
t 
of 2001. 
"SEC. 4301. SHORT TITLE. 
20USC7181. 
"This part may be cited as the 'Pro-Children Act of 2001'. 
"SEC. 4302. DEFINITIONS. 
20 USC 7182. 
"As used in this part: 
"(1) CHILDREN.—The term 'children' means individuals who 
have not attained the age of 18. 
"(2) CHILDREN'S SERVICES.—The term 'children's services' 
means the provision on a routine or regular basis of health, 
day care, education, or library services— 
"(A) that are funded, after the date of enactment of 
the No Child Left Behind Act of 2001, directly by the 
Federal Government or through State or local governments, 
by Federal grant, loan, loan guarantee, or contract 
programs— 
"(i) administered by either the Secretary of Health 
and Human Services or the Secretary of Education 
(other than services provided and funded solely under 
titles XVin and XIX of the Social Security Act); or 
"(ii) administered by the Secretary of Agriculture 
in the case of a clinic (as defined in part 246.2 of 
title 7, Code of Federal Regulations (or any cor-
responding similar regulation or ruling)) under section 
17(b)(6) of the Child Nutrition Act of 1966; or 
"(B) that are provided in indoor facilities that are con-
structed, operated, or maintained with such Federal funds, 
as determined by the appropriate head of a Federal agency 
in any enforcement action carried out under this part, 
except that nothing in clause (ii) of subparagraph (A) is 
intended to include facilities (other than clinics) where coupons 
are redeemed under the Child Nutrition Act of 1966. 
"(3) INDOOR FACILITY.—The term 'indoor facility' means 
a building that is enclosed. 
"(4) PERSON.—^The term 'person' means any State or local 
subdivision of a State, agency of such State or subdivision, 
corporation, or partnership that owns or operates or otherwise 
controls and provides children's services or any individual who 
owns or operates or otherwise controls and provides such serv-
ices. 
115 STAT. 1774 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(5) SECRETARY.—The term 'Secretary' means the Secretary 
of Health and Human Services. 
20 use 7183. 
"SEC. 4303. NONSMOKING POLICY FOR CHILDREN'S SERVICES. 
"(a) PROHIBITION.—^After the date of enactment of the No Child 
Left Behind Act of 2001, no person shall permit smoking within 
any indoor facility owned or leased or contracted for, and utilized, 
by such person for provision of routine or regular kindergarten, 
elementary, or secondary education or library services to children. 
"(b) ADDITIONAL PROHIBITION.— 
"(1) IN GENERAL.—^After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility (or portion of such a facility) owned 
or leased or contracted for, and utilized by, such person for 
the provision of regular or routine health care or day care 
or early childhood development (Head Start) services. 
"(2) EXCEPTION.—Paragraph (1) shall not apply to— 
"(A) any portion of such facility that is used for 
inpatient hospital treatment of individuals dependent on, 
or addicted to, drugs or alcohol; and 
"(B) any private residence. 
"(c) FEDERAL AGENCIES.— 
"(1) 
KINDERGARTEN, 
ELEMENTARY, OR SECONDARY EDU-
CATION OR LIBRARY SERVICES.—^After the date of enactment 
of the No Child Left Behind Act of 2001, no Federal agency 
shall permit smoking within any indoor facility in the United 
States operated by such agency, directly or by contract, to 
provide routine or regular kindergarten, elementary, or sec-
ondary education or library services to children. 
"(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOP-
MENT SERVICES.— 
"(A) IN GENERAL.—^After the date of enactment of the 
No Child Left Behind Act of 2001, no Federal agency shall 
permit smoking within any indoor facility (or portion of 
such facility) operated by such agency, directly or by con-
tract, to provide routine or regular health or day care 
or early childhood development (Head Start) services to 
children. 
"(B) EXCEPTION.—Subparagraph (A) shall not apply 
to— 
"(i) any portion of such facility that is used for 
inpatient hospital treatment of individuals dependent 
on, or addicted to, drugs or alcohol; and 
"(ii) any private residence. 
"(3) APPLICATION OF PROVISIONS.—^The provisions of para-
graph (2) shall also apply to the provision of such routine 
or regular kindergarten, elementary or secondary education 
or library services in the facilities described in paragraph (2) 
not subject to paragraph (1). 
Federal Register, 
"(d) NOTICE.—The prohibitions in subsections (a) through (c) 
publication. 
shall be published in a notice in the Federal Register by the Sec-
retary (in consultation with the heads of other affected agencies) 
and by such agency heads in funding arrangements involving the 
provision of children's services administered by such heads. Such 
prohibitions shall be effective 90 days after such notice is published, 
or 270 days after the date of enactment of the No Child Left 
Behind Act of 2001, whichever occurs first. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1775 
"(e) CIVIL PENALTIES.— 
"(1) IN GENERAL.—^Any failure to comply with a prohibition 
in this section shall be considered to be a violation of this 
section and any person subject to such prohibition who commits 
such violation may be liable to the United States for a civil 
penalty in an amount not to exceed $1,000 for each violation, 
or may be subject to an administrative compliance order, or 
both, as determined by the Secretary. Each day a violation 
continues shall constitute a separate violation. In the case 
of any civil penalty assessed under this section, the total 
amount shall not exceed 50 percent of the amount of Federal 
funds received under any title of this Act by such person 
for the fiscal year in which the continuing violation occurred. 
For the purpose of the prohibition in subsection (c), the term 
'person', as used in this paragraph, shall mean the head of 
the applicable Federal agency or the contractor of such agency 
providing the services to children. 
"(2) ADMINISTRATIVE PROCEEDING.—^A civil penalty may be 
assessed in a written notice, or an administrative compliance 
order may be issued under paragraph (1), by the Secretary 
only after an opportunity for a hearing in accordance with 
section 554 of title 5, United States Code. Before making such Notice. 
assessment or issuing such order, or both, the Secretary shall Deadline, 
give written notice of the assessment or order to such person 
by certified mail with return receipt and provide information 
in the notice of an opportunity to request in writing, not later 
than 30 days after the date of receipt of such notice, such 
hearing. The notice shall reasonably describe the violation and 
be accompanied with the procedures for such hearing and a 
simple form that may be used to request such hearing if such 
person desires to use such form. If a hearing is requested, 
the Secretary shall establish by such certified notice the time 
£ind place for such hearing, which shall be located, to the 
greatest extent possible, at a location convenient to such person. 
The Secretary (or the Secretary's designee) and such person 
may consult to arrange a suitable date and location where 
appropriate. 
"(3) 
CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In 
determining the amount of the civil penalty or the nature 
of the administrative compliance order, the Secretary shall 
take into account, as appropriate— 
"(A) the nature, circumstances, extent, and gravity of 
the violation; 
"(B) with respect to the violator, any good faith efforts 
to comply, the importance of achieving early and permanent 
compliance, the ability to pay or comply, the effect of the 
penalty or order on the ability to continue operation, any 
prior history of the same kind of violation, the degree 
of culpability, and any demonstration of willingness to 
comply with the prohibitions of this section in a timely 
manner; and 
C) such other matters as justice may require. 
"(4) MODIFICATION.—The Secretary may, as appropriate, 
compromise, modify, or remit, with or without conditions, any 
civil penalty or administrative compliance order. In the case 
of a civil penalty, the amount, as finally determined by the 
Secretary or agreed upon in compromise, may be deducted 
115 STAT. 1776 
PUBLIC LAW 107-110-^AN. 8, 2002 
from any sums that the United States or the agencies or 
instrumentalities of the United States owe to the person against 
whom the penalty is assessed. 
"(5) PETITION FOR REVIEW.—^Any person aggrieved by a 
penalty assessed or an order issued, or both, by the Secretary 
under this section may file a petition for judicial review of 
the order with the United States Court of Appeals for th' 
District of Columbia Circuit or for any other circuit in whic 
Records. 
the person resides or transacts business. Such person shai. 
provide a copy of the petition to the Secretary or the Secretary's 
designee. The petition shall be filed within 30 days after the 
Secretary's assessment or order, or both, are final and have 
been provided to such person by certified mail. The Secretary 
shall promptly provide to the court a certified copy of the 
transcript of any hearing held under this section and a copy 
of the notice or order. 
"(6) FAILURE TO COMPLY.—If a person fails to pay an assess-
ment of a civil penalty or comply with an order, after the 
assessment or order, or both, are final under this section, 
or after a court has entered a final judgment under paragraph 
(5) in favor of the Secretary, the Attorney General, at the 
request of the Secretary, shall recover the amount of the civil 
penalty (plus interest at prevailing rates from the day the 
assessment or order, or both, are final) or enforce the order 
in an action brought in the appropriate district court of the 
United States. In such action, the validity and appropriateness 
of the penalty or order or the amount of the penalty shall 
not be subject to review. 
20 u s e 7184. 
"SEC. 4304. PREEMPTION. 
"Nothing in this part is intended to preempt any provision 
of law of a State or political subdivision of a State that is more 
restrictive than a provision of this part.". 
TITLE V—PROMOTING INFORMED PA-
RENTAL CHOICE AND INNOVATIVE 
PROGRAMS 
SEC. 501. INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVI-
SIONS. 
Title V (20 U.S.C. 7201 et seq.) is amended to read as follows: 
"TITLE V—PROMOTING INFORMED PA-
RENTAL CHOICE AND INNOVATIVE 
PROGRAMS 
"PART A—INNOVATIVE PROGRAMS 
20 u s e 7201. 
"SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY. 
"(a) PURPOSES.—The purposes of this part are the following: 
"(1) To support local education reform efforts that are con-
sistent with and support statewide education reform efforts. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1777 
"(2) To provide funding to enable State educational agencies 
and local educational agencies to implement promising edu-
cational reform programs and school improvement programs 
based on scientifically based research. 
"(3) To provide a continuing source of innovation and edu-
cational improvement, including support programs to provide 
library services and instructional and media materials. 
"(4) To meet the educational needs of all students, including 
at-risk youth. 
"(5) To develop and implement education programs to 
improve school, student, and teacher performance, including 
professional development activities and class size reduction pro-
grams. 
"(b) STATE AND LOCAL RESPONSIBILITY.—The State educational 
agency shall bear the basic responsibility for the administration 
of funds made available under this part, but it is the intent of 
Congress that the responsibility be carried out with a minimum 
of paperwork and that the responsibility for the design and 
implementation of programs assisted under this part be mainly 
that of local educational agencies, school superintendents and prin-
cipals, and classroom teachers and supporting personnel, because 
local educational agencies and individuals have the most direct 
contact with students and are most likely to be able to design 
programs to meet the educational needs of students in their own 
school districts. 
; 
"Subpart 1—State and Local Programs 
"SEC. 5111. ALLOTMENT TO STATES. 
20USC721L 
"(a) IN GENERAL.—From the sums appropriated to carry out 
this part for each fiscal year and not reserved under subsection 
(b), the Secretary shall allot, and make available in accordance 
with this part, to each State educational agency an amount that 
bears the same ratio to such sums as the school-age population 
of the State bears to the school-age population of all States, except 
that no State shall receive less than an amount equal to one-
half of 1 percent of such sums. 
"(b) RESERVATION.—From the sums appropriated to carry out 
this part for each fiscal year, the Secretary shall reserve not more 
than 1 percent for payments to the outlying areas, to be allotted 
in accordance with their respective needs for assistance under this 
part. 
"SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. 
20 USC 7211a. 
"(a) DISTRIBUTION RULE.— 
"(1) ALLOCATION OF BASE AMOUNTS.—^From the amount 
made available to a State educational agency under this part 
for a fiscal year, the State educational agency shall distribute, 
to local educational agencies within the State, an amount that 
is not less than 85 percent of the amount made available 
to the State educational agency under this part for fiscal year 
2002, according to the relative enrollments in public £md in 
private nonprofit schools within the jurisdictions of such local 
educational agencies, adjusted, in accordamce with criteria 
115 STAT. 1778 
PUBLIC LAW 107-110-^AN. 8, 2002 
approved by the Secretary, to provide higher per-pupil alloqa-
tions to local educational agencies that have the greatest num-
bers or percentages of children whose education imposes a 
higher-than-average cost per child, such as— 
"(A) children living in areas with high concentrations 
of economically disadvantaged families; 
"(B) children from economically disadvantaged families; 
and 
"(C) children living in sparsely populated areas. 
"(2) ALLOCATION OF INCREASED AMOUNTS.—From 
the 
amount made available to a State educational agency under 
this part for a fiscal year that exceeds the amount made avail-
able to the agency under this part for fiscal year 2002, the 
State educational agency shall distribute 100 percent (or, in 
the case of a State educational agency receiving a minimum 
allotment under section 5111(a), not less than 50 percent, not-
withstanding subsection (b)) to local educational agencies 
within the State, on the same basis as the State educational 
agency distributes amounts under paragraph (1). 
"(b) LIMITATIONS AND REQUIREMENTS.—Not more than 15 per-
cent of funds made available under section 5111 for State programs 
under this part for any fiscal year may be used for State administra-
tion under section 5121. 
"(c) CALCULATION OF ENROLLMENTS.— 
"(1) IN GENERAL.—The calculation of relative enrollments 
under subsection (a)(1) shall be on the basis of the total of— 
"(A) the number of children enrolled in public schools; 
and 
"(B) the number of children enrolled in private non-
profit schools that participated in programs assisted under 
this part, for the fiscal year preceding the fiscal year for 
which the determination is made. 
"(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall diminish the responsibility of each local educational 
agency to contact, on an annual basis, appropriate officials 
from private nonprofit schools within the areas served by such 
agencies in order to determine whether such schools desire 
that their children participate in programs assisted under this 
part. 
"(3) ADJUSTMENTS.— 
"(A) STATE CRITERIA.—Relative enrollments calculated 
under subsection (a)(1) shall be adjusted, in accordance 
with criteria approved by the Secretary under subpara-
graph (B), to provide higher per-pupil allocations only to 
local educational agencies that serve the greatest numbers 
or percentages of— 
"(i) children living in areas with high concentra-
tions of economically disadvantaged families; 
"(ii) children from economically disadvantaged 
families; or 
"(iii) children living in sparsely populated areas. 
"(B) REVIEW OF CRITERIA.—The Secretary shall review 
criteria submitted by a State educational agency for 
adjusting allocations under paragraph (1) and shall approve 
such criteria only if the Secretary determines that such 
criteria are reasonably calculated to produce an adjusted 
allocation that reflects the relative needs of the State's 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1779 
local educational agencies based on the factors set forth 
in subparagraph (A). 
"(d) PAYMENT OF ALLOCATIONS.— 
"(1) DISTRIBUTION.—From the funds paid to a State edu-
cational agency under this subpart for a fiscal year, the State 
educational agency shall distribute to each eligible local edu-
cational agency that has submitted an application as required 
by section 5133 the amount of such local educational agency's 
allocation, as determined under subsection (a). 
"(2) ADDITIONAL FUNDS.— 
"(A) USE.—^Additional fimds resulting from higher per-
pupil allocations provided to a local educational agency 
on the basis of adjusted enrollments of children described 
in subsection (a)(1) may, in the discretion of the local 
educational agency, be allocated for expenditures to provide 
services for children enrolled in public schools and private 
nonprofit schools in direct proportion to the number of 
children described in subsection (a)(1) and enrolled in such 
schools within the area served by the local educational 
agency. 
"(B) ALLOCATION.—In any fiscal year, any local edu-
cational agency that elects to allocate such additional funds 
in the manner described in subparagraph (A) shall allocate 
all additional funds to schools within the area served by 
the local educational agency in such manner. 
"(C) RULE OF CONSTRUCTION.—Subparagraphs (A) and 
(B) may not be construed to require any school to limit 
the use of the additional funds described in subparagraph 
(A) to the provision of services to specific students or cat-
egories of students. 
"Subpart 2—State Programs 
"SEC. 5121. STATE USES OF FUNDS. 
20 USC 7213. 
"A State educational agency may use funds made available 
for State use under section 5112(b) only for one or more of the 
following: 
"(1) State administration of programs under this part, 
including— 
"(A) allocating funds to local educational agencies; 
"(B) planning, supervising, and processing State edu-
cational agency funds; and 
"(C) monitoring and evaluating programs under this 
part. 
"(2) 
Support 
for 
the 
planning, 
design, 
and 
initial 
implementation of charter schools as described in part B. 
"(3) Statewide education reform, school improvement pro-
grams and technical assistance and direct grants to local edu-
cational agencies, which assist such agencies under section 
513L 
"(4) Support for the design and implementation of high-
quality yearly student assessments. 
"(5) Support for implementation of challenging State and 
local academic achievement standards. 
"(6) Support for arrangements that provide for independent 
analysis to measure and report on school district achievement. 
115 STAT. 1780 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(7) Support for the program described in section 321 of 
the Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 2001 (as 
enacted into law by section 1(a)(1) of Public Law 106-554). 
"(8) Support for programs to assist in the implementation 
of the policy described in section 9507 which may include 
payment of reasonable transportation costs and tuition costs 
for such students. 
20 u s e 7213a. 
"SEC. 5122. STATE APPLICATIONS. 
"(a) APPLICATION REQUIREMENTS.—^Any State that desires to 
receive assistance under this part shall submit to the Secretary 
an application that includes each of the following: 
"(1) Designation of the State educational agency as the 
State agency responsible for administration and supervision 
of programs assisted under this part. 
"(2) Provision for an annual statewide summary of how 
assistance under this part is contributing toward improving 
student academic achievement or improving the quality of edu-
cation for students. 
"(3) Information setting forth the allocation of funds 
required to implement section 5142. 
"(4) A provision that the State educational agency will 
keep such records, and provide such information to the Sec-
retary, as may be required for fiscal audit and program evalua-
tion (consistent with the responsibilities of the Secretary under 
this section). 
"(5) An assurance that, apart from providing technical and 
advisory assistance and monitoring compliance with this part, 
the State educational agency has not exercised, and will not 
exercise, any influence in the decisionmaking processes of local 
educational agencies as to the expenditure made pursuant to 
an application submitted under section 5133. 
"(6) An assurance that there is compliance with the specific 
requirements of this part. 
"(7) Provision for timely public notice and public dissemina-
tion of the information provided under paragraph (3). 
"(b) STATEWIDE SUMMARY.—The statewide summary referred 
to in subsection (a)(2) shall be submitted annually to the Secretary 
and shall be derived from the evaluation information submitted 
by local educational agencies to the State educational agency under 
section 5133(b)(8). The State educational agency shall determine 
the format and content of such summary and may include in the 
summary statistical measures, such as the number of students 
served by each type of innovative assistance program described 
in section 5131 and the number of teachers trained. 
"(c) PERIOD OF APPLICATION.—^An application submitted by the 
State educational agency under subsection (a) shall be for a period 
not to exceed 3 years. The agency may amend the application 
annually, as may be necessary to reflect changes, without filing 
a new application. 
"(d) AUDIT RULE.—^A local educational agency that receives 
less than an average of $10,000 under this part for any 3 consecutive 
fiscal years shall not be audited more frequently than once every 
5 years. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1781 
"Subpart 3—Local Innovative Education 
Programs 
"SEC. 5131. LOCAL USES OF FUNDS. 
20 USC 7215. 
"(a) INNOVATIVE ASSISTANCE PROGRAMS.—Funds made avail-
able to local educational agencies under section 5112 shall be used 
for innovative assistance programs, which may include any of the 
following: 
"(1) Programs to recruit, train, and hire highly qualified 
teachers to reduce class size, especially in the early grades, 
and professional development activities carried out in accord-
ance with title II, that give teachers, principals, and administra-
tors the knowledge and skills to provide students with the 
opportunity to meet challenging State or local academic content 
standards and student academic achievement standards. 
"(2) Technology activities related to the implementation 
of school-based reform efforts, including professional develop-
ment to assist teachers and other school personnel (including 
school library media personnel) regarding how to use technology 
effectively in the classrooms and the school library media cen-
ters involved. 
"(3) Programs for the development or acquisition and use 
of instructional and educational materials, including library 
services and materials (including media materials), academic 
assessments, reference materials, computer software and hard-
ware for instructional use, and other curricular materials: that 
are tied to high academic standards, that will be used to 
improve student academic achievement, and that are part of 
an overall education reform program. 
"(4) Promising education reform projects, including magnet 
schools. 
"(5) Programs to improve the academic achievement of 
educationally disadvantaged elementary school and secondary 
school students, including activities to prevent students from 
dropping out of school. 
"(6) Programs to improve the literacy skills of adults, espe-
cially the parents of children served by the local educational 
agency, including adult education and family literacy programs. 
"(7) Programs to provide for the educational needs of gifted 
and talented children. 
"(8) The planning, design, and initial implementation of 
charter schools as described in part B. 
"(9) School improvement programs or activities under sec-
tions 1116 and 1117. 
"(10) Community service programs that use qualified school 
personnel to train and mobilize young people to measurably 
strengthen their communities through nonviolence, responsi-
bility, compassion, respect, and moral courage. 
"(11) Activities to promote consumer, economic, and per-
sonal finance education, such as disseminating information on 
and encouraging use of the best practices for teaching the 
basic principles of economics and promoting the concept of 
achieving financial literacy through the teaching of personal 
financial management skills (including the basic principles 
involved with earning, spending, saving, and investing). 
115 STAT. 1782 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(12) Activities to promote, implement, or expand public 
school choice. 
"(13) Programs to hire and support school nurses. 
"(14) Expansion and improvement of school-based mental 
health services, including early identification of drug use and 
violence, assessment, and direct individual or group counseling 
services provided to students, parents, and school personnel 
by qualified school-based mental health services personnel. 
"(15) Alternative educational programs for those students 
who have been expelled or suspended from their regular edu-
cational setting, including programs to assist students to 
reenter the regular educational setting upon return from treat-
ment or alternative educational programs. 
"(16) Programs to establish or enhance prekindergarten 
programs for children. 
"(17) Academic intervention programs that are operated 
jointly with community-based organizations and that support 
academic enrichment, and counseling programs conducted 
during the school day (including during extended school day 
or extended school year programs), for students most at risk 
of not meeting challenging State academic achievement stand-
ards or not completing secondary school. 
"(18) Programs for cardiopulmonary resuscitation (CPR) 
training in schools. 
"(19) Programs to establish smaller learning communities. 
"(20) Activities that encourage and expand improvements 
throughout the area served by the local educational agency 
that are designed to advance student academic achievement. 
"(21) Initiatives to generate, maintain, and strengthen 
parental and community involvement. 
"(22) Programs 
and activities that 
expand 
learning 
opportunities through best-practice models designed to improve 
classroom learning and teaching. 
"(23) Programs to provide same-gender schools and class-
rooms (consistent with applicable law). 
"(24) Service learning activities. 
"(25) School safety programs, including programs to imple-
ment the policy described in section 9507 and which may 
include payment of reasonable transportation costs and tuition 
costs for such students. 
"(26) Programs that employ research-based cognitive and 
perceptual development approaches and rely on a diagnostic-
prescriptive model to improve students' learning of academic 
content at the preschool, elementary, and secondary levels. 
"(27) Supplemental educational services, as defined in sec-
tion 1116(e). 
"(b) REQUIREMENTS.—^The innovative assistance 
programs 
described in subsection (a) shall be— 
"(1) tied to promoting challenging academic achievement 
standards; 
"(2) used to improve student academic achievement; and 
"(3) part of an overall education reform strategy. 
Deadline. 
"(c) GUIDELINES.—Not later than 120 days after the date of 
enactment of the No Child Left Behind Act of 2001, the Secretary 
shall issue guidelines for local educational agencies seeking funding 
for programs described in subsection (a)(23). 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1783 
"SEC. 5132. ADMINISTRATIVE AUTHORITY. 
"In order to conduct the programs authorized by this part, 
each State educational agency or local educational agency may 
use funds made available under this part to make grants to, and 
to enter into contracts with, local educational agencies, institutions 
of higher education, libraries, museums, and other public and pri-
vate nonprofit agencies, organizations, and institutions. 
"SEC. 5133. LOCAL APPLICATIONS. 
"(a) SUBMISSION OF APPLICATION.—^A local educational agency 
may receive an allocation of funds under this part for any year 
for which the agency submits an application under this section 
that the State educational agency certifies under subsection (b). 
"(b) CERTIFICATION AND CONTENTS OF APPLICATION.—The State 
educational agency shall certify each application submitted under 
subsection (a) that includes each of the following: 
"(1) A description of locally identified needs relative to 
the purposes of this part and to the innovative assistance 
programs described in section 5131. 
"(2) A statement that sets forth the planned allocation 
of funds, based on the needs identified in subparagraph (A), 
among innovative assistance programs described in section 
5131, a description of the programs that the local educational 
agency intends to support, and a description of the reasons 
for the selection of such programs. 
"(3) Information setting forth the allocation of such funds 
required to implement section 5142. 
"(4) A description of how assistance under this part will 
contribute to improving student academic achievement or 
improving the quality of education for students. 
"(5) An assurance that the local educational agency will 
comply with this part, including the provisions of section 5142 
concerning the participation of children enrolled in private non-
profit schools. 
"(6) An assurance that the local educational agency will 
keep such records, and provide such information to the State 
educational agency, as may be reasonably required for fiscal 
audit and program evaluation (consistent with the responsibil-
ities of the State educational agency under this part). 
"(7) Provision, in the allocation of funds for the assistance 
authorized by this part and in the planning, design, and 
implementation of such innovative assistance programs, for 
systematic consultation with parents of children attending 
elementary schools and secondary schools in the area served 
by the local educational agency, with teachers and administra-
tive personnel in such schools, and with such other groups 
involved in the implementation of this part (such as librarians, 
school counselors, and other pupil services personnel) as may 
be considered appropriate by the local educational agency. 
"(8) An assurance that— 
"(A) programs carried out under this part will be evalu-
ated annually; 
"(B) the evaluation will be used to make decisions 
about appropriate changes in programs for the subsequent 
year; 
"(C) the evaluation will describe how assistance under 
this part affected student academic achievement and will 
20 use 7215a. 
20 use 7215b. 
115 STAT. 1784 
PUBLIC LAW 107-110-^AN. 8, 2002 
include, at a minimum, information and data on the use 
of funds, the types of services furnished, and the students 
served under this part; and 
"(D) the evaluation will be submitted to the State 
educational agency at the time and in the manner 
requested by the State educational agency. 
"(9) If the local educational agency seeks funds under sec-
tion 5131(a)(23), a description of how the agency will comply 
with the guidelines issued by the Secretary regarding same-
gender schools and classrooms under section 5131(c). 
"(c) PERIOD OF APPLICATION.—An application submitted by a 
local educational agency under subsection (a) may seek allocations 
under this part for a period not to exceed 3 fiscal years. The 
agency may amend the application annually, as may be necessary 
to reflect changes, without the filing of a new application. 
"(d) LOCAL EDUCATIONAL AGENCY DISCRETION.— 
"(1) IN GENERAL.—Subject to the limitations and require-
ments of this part, a local educational agency shall have com-
plete discretion in determining how funds made available to 
carry out this subpart will be divided among programs described 
in section 5131. 
"(2) LIMITATION.—In exercising the discretion described in 
paragraph (1), a local educational agency shall ensure that 
expenditures under this subpart carry out the purposes of this 
part and are used to meet the educational needs within the 
schools served by the local educational agency. 
"Subpart 4—General Provisions 
20 use 7217. 
"SEC. 5141. MAINTENANCE OF EFFORT. 
"(a) IN GENERAL.—Except as provided in subsection (b), a State 
educational agency is entitled to receive its full allotment of funds 
under this part for any fiscal year only if the Secretary determines 
that either the combined fiscal effort per student or the aggregate 
expenditures within the State, with respect to the provision of 
free public education for the fiscal year preceding the fiscal year 
for which the determination is made, was not less than 90 percent 
of such combined fiscal effort or aggregate expenditures for the 
second fiscal year preceding the fiscal year for which the determina-
tion is made. 
"(b) REDUCTION OF FUNDS.—The Secretary shall reduce the 
amount of the allotment of funds under this part in any fiscal 
year in the exact proportion by which the State educational agency 
fails to meet the requirements of subsection (a) by falling below 
90 percent of the fiscal effort per student or aggregate expenditures 
(using the measure most favorable to the State educational agency), 
and no such lesser amount shall be used for computing the effort 
or expenditures required under paragraph (1) for subsequent years. 
"(c) WAIVER.—The Secretary may waive, for 1 fiscal year only, 
the requirements of this section, if the Secretary determines that 
such a waiver would be equitable due to exceptional or uncontrol-
lable circumstances, such as a natural disaster or a precipitous 
and unforeseen decline in the financial resources of the State edu-
cational agency. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1785 
"SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
20 USC 7217a. 
SCHOOLS. 
"(a) PARTICIPATION ON EQUITABLE BASIS.— 
"(1) IN GENERAL.—To the extent consistent with the number 
of children in the school district of a local educational agency 
that is eligible to receive funds under this part, or that serves 
the area in which a program assisted under this part is located, 
who are enrolled in private nonprofit elementary schools and 
secondary schools, or, with respect to instructional or personnel 
training programs funded by the State educational agency from 
funds made available for State educational agency use, the 
local educational agency, after consultation with appropriate 
private school officials— 
"(A) shall provide, as may be necessary, for the benefit 
of such children in such schools— 
"(i) secular, neutral, and nonideological services, 
materials, and equipment, including the participation 
of the teachers of such children (and other educational 
personnel serving such children) in training programs; 
and 
"(ii) the repair, minor remodeling, or construction 
of public facilities (consistent with subsection (c)); or 
"(B) if such services, materials, and equipment are 
not feasible or necessary in one or more such private 
schools, as determined by the local educational agency after 
consultation with the appropriate private school officials, 
shall provide such other arrangements as will assure equi-
table participation of such children in the purposes and 
benefits of this part. 
"(2) OTHER PROVISIONS FOR SERVICES.—If no program is 
carried out under paragraph (1) in the school district of a 
local educational agency, the State educational agency shall 
make arrangements, such as through contracts with nonprofit 
agencies or organizations, under which children in private 
schools in the district are provided with services and materials 
to the same extent as would have occurred if the local edu-
cational agency had received funds under this part. 
"(3) APPLICATION OF REQUIREMENTS.—The requirements of 
this section relating to the participation of children, teachers, 
and other personnel serving such children shall apply to pro-
grams carried out under this part by a State educational agency 
or local educational agency, whether directly or through grants 
to, or contracts with, other public or private agencies, institu-
tions, or organizations. 
"(b) EQUAL EXPENDITURES.— 
"(1) IN GENERAL.—Expenditures for programs under sub-
section (a) shall be equal (consistent with the number of chil-
dren to be served) to expenditures for programs under this 
part for children enrolled in the public schools of the local 
educational agency. 
"(2) CONCENTRATED PROGRAMS.—Taking into account the 
needs of the individual children and other factors that relate 
to the expenditures referred to in paragraph (1), and when 
funds available to a local educational agency under this part 
are used to concentrate programs on a particular group, attend-
ance area, or grade or age level, children enrolled in private 
schools who are included within the group, attendance area, 
89-194 0 -03- 26 QL 3 Part 2 
115 STAT. 1786 
PUBLIC LAW 107-110-JAN. 8, 2002 
or grade or age level selected for such concentration shall, 
after consultation with the appropriate private school officials, 
be assured equitable participation in the purposes and benefits 
of such programs. 
"(c) ADMINISTRATIVE REQUIREMENTS.— 
"(1) FUNDS AND PROPERTY.—The control of funds provided 
under this part, and title to materials, equipment, and property 
repaired, remodeled, or constructed with such funds, shall be 
in a public agency for the uses and purposes provided in this 
part, and a public agency shall administer such funds and 
property. 
"(2) PROVISION OF SERVICES.—Services provided under this 
part shall be provided by employees of a public agency or 
through contract by such a public agency with a person, associa-
tion, agency, or corporation that, in the provision of such serv-
ices, is independent of the private school and of any religious 
organizations, and such employment or contract shall be under 
the control and supervision of such a public agency. The funds 
provided under this part shall not be commingled with State 
or local funds. 
"(d) WAIVER.— 
"(1) STATE PROHIBITION.—If a State educational agency 
or local educational agency is prohibited, by reason of any 
provision of law, from providing for the participation in pro-
grams of children enrolled in private elementary schools and 
secondary schools as required by subsections (a) through (c), 
the Secretary shall waive such requirements for the agency 
involved and shall arrange for the provision of services to 
such children through arrangements that shall be subject to 
the requirements of this section. 
"(2) FAILURE TO COMPLY.—If the Secretary determines that 
a State educational agency or a local educational agency has 
substantially failed, or is unwilling, to provide for the participa-
tion on an equitable basis of children enrolled in private 
elementary schools and secondary schools as required by sub-
sections (a) through (c), the Secretary may waive such require-
ments and shall arrange for the provision of services to such 
children through arrangements that shall be subject to the 
requirements of this section. 
"(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.—^Pending 
final resolution of any investigation or complaint that could result 
in a waiver under subsection (d)(1) or (d)(2), the Secretary may 
withhold from the allotment or allocation of the affected State 
educational agency or local educational agency the amount esti-
mated by the Secretary to be necessary to pay the cost of services 
to be provided by the Secretary under such subsection. 
"(f) DURATION OF DETERMINATION.—^Any determination by the 
Secretary under this section shall continue in effect until the Sec-
retary determines that there will no longer be any failure or 
inability on the part of the State educational agency or local edu-
cational agency to meet the requirements of subsections (a) through 
(0. 
"(g) PAYMENT FROM STATE ALLOTMENT.—^When the Secretary 
arranges for services under subsection (d), the Secretary shall, 
after consultation with the appropriate public school and private 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1787 
school officials, pay the cost of such services, including the adminis-
trative costs of arranging for those services, from the appropriate 
allotment of the State educational agency under this part. 
"(h) REVIEW OF DETERMINATION.— 
"(1) WRITTEN OBJECTIONS.—The Secretary shall not take 
any final action under this section until the State educational 
agency and the local educational agency affected by such action 
have had an opportunity, for not less than 45 days after 
receiving written notice thereof, to submit written objections 
and to appear before the Secretary or the Secretary's designee 
to show cause why that action should not be taken. 
"(2) COURT ACTION.—If a State educational agency or local Deadline, 
educational agency is dissatisfied with the Secretary's final 
action after a proceeding under paragraph (1), such agency 
may, not later than 60 days after notice of such action, file 
with the United States court of appeals for the circuit in which 
such State is located a petition for review of that action. A 
copy of the petition shall be transmitted by the clerk of the 
court to the Secretary. The Secretary thereupon shall file in Records, 
the court the record of the proceedings on which the Secretary 
based the action, as provided in section 2112 of title 28, United 
States Code. 
"(3) REMAND TO SECRETARY.—The findings of fact by the 
Secretary with respect to a proceeding under paragraph (1), 
if supported by substantial evidence, shall be conclusive. The 
court, for good cause shown, may remand the case to the 
Secretary to take further evidence and the Secretary may make 
new or modified findings of fact and may modify the Secretary's 
previous action, and shall file in the court the record of the 
further proceedings. Such new or modified findings of fact shall 
likewise be conclusive, if supported by substantial evidence. 
"(4) COURT REVIEW.—^Upon the filing of a petition under 
paragraph (2), the court shall have jurisdiction to affirm the 
action of the Secretary or to set such action aside, in whole 
or in part. The judgment of the court shall be subject to review 
by the Supreme Court upon certiorari or certification, as pro-
vided in section 1254 of title 28, United States Code. 
"(i) PRIOR DETERMINATION.—^Any bypass determination by the Applicability. 
Secretary under title VI (as such title was in effect on the day 
preceding the date of enactment of the No Child Left Behind Act 
of 2001) shall, to the extent consistent with the purposes of this 
part, apply to programs under this part. 
«SEC. 5143. FEDERAL ADMINISTRATION. 
20 USC 7217b. 
"(a) TECHNICAL ASSISTANCE.—The Secretary, upon request, 
shall provide technical assistance to State educational agencies 
and local educational agencies under this part. 
"(b) RULEMAKING.—The Secretary shall issue regulations under 
this part only to the extent that such regulations are necessary 
to ensure that there is compliance with the specific requirements 
and assurances required by this part. 
"(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any 
other provision of law, unless expressly in limitation of this sub-
section, funds appropriated in any fiscal year to carry out programs 
under this part shall become available for obligation on July 1 
of such fiscal year and shall remain available for obligation until 
the end of the subsequent fiscal year. 
115 STAT. 1788 
PUBLIC LAW 107-110-JAN. 8, 2002 
20 use 7217c. 
"SEC. 5144. SUPPLEMENT, NOT SUPPLANT. 
"Funds made available under this part shall be used to supple-
ment, and not supplant, any other Federal, State, or local education 
funds. 
20 use 7217d. 
"SEC. 5145. DEFKVITIONS. 
"In this part: 
"(1) LOCAL EDUCATIONAL AGENCY.—The term 'local edu-
cational agency' means a local educational agency or a consor-
tium of such agencies. 
"(2) PUBLIC SCHOOL.—The term 'public school' means a 
public elementary school or a public secondary school. 
"(3) SCHOOL-AGE POPULATION.—The term 'school-age popu-
lation' means the population aged 5 through 17. 
"(4) STATE.—The term 'State' means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto 
Rico. 
20 use 7217e. 
"SEC. 5146. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this 
part— 
"(1) $450,000,000 for fiscal year 2002; 
"(2) $475,000,000 for fiscal year 2003; 
"(3) $500,000,000 for fiscal year 2004; 
"(4) $525,000,000 for fiscal year 2005; 
"(5) $550,000,000 for fiscal year 2006; and 
"(6) $600,000,000 for fiscal year 2007. 
"PART B—PUBLIC CHARTER SCHOOLS 
"Subpart 1—Charter School Programs 
20 use 7221. 
"SEC. 5201. PURPOSE. 
"It is the purpose of this subpart to increase national under-
standing of the charter schools model by— 
"(1) providing financial assistance for the planning, pro-
gram design, and initial implementation of charter schools; 
"(2) evaluating the effects of such schools, including the 
effects on students, student academic achievement, staff, and 
parents; 
"(3) expanding the number of high-quality charter schools 
available to students across the Nation; and 
"(4) encouraging the States to provide support to charter 
schools for facilities financing in an amount more nearly 
commensurate to the amount the States have tj^ically provided 
for traditional public schools. 
20 use 722 la. 
"SEC. 5202. PROGRAM AUTHORIZED. 
"(a) IN GENERAL.—The Secretary may award grants to State 
educational agencies having applications approved pursuant to sec-
tion 5203 to enable such agencies to conduct a charter school 
grant program in accordance with this subpart. 
"(b) SPECIAL RULE.—If a State educational agency elects not 
to participate in the program authorized by this subpart or does 
not have an application approved under section 5203, the Secretary 
may award a grant to an eligible applicant that serves such State 
and has an application approved pursuant to section 5203(c). 
"(c) PROGRAM PERIODS.— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1789 
"(1) GRANTS TO STATES.—Grants awarded to State edu-
cational agencies under this subpart shall be for a period of 
not more than 3 years. 
"(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by 
the Secretary to eligible applicants or subgrants awarded by 
State educational agencies to eligible applicants under this 
subpart shall be for a period of not more than 3 years, of 
which the eligible applicant may use— 
"(A) not more than 18 months for planning and pro-
gram design; 
"(B) not more than 2 years for the initial implementa-
tion of a charter school; and 
"(C) not more than 2 years to carry out dissemination 
activities described in section 5204(f)(6)(B). 
"(d) LIMITATION.—^A charter school may not receive— 
"(1) more than one grant for activities described in subpara-
graphs (A) and (B) of subsection (c)(2); or 
"(2) more than one grant for activities under subparagraph 
(C) of subsection (c)(2). 
"(e) PRIORITY TREATMENT.— 
"(1) IN GENERAL.—In awarding grants under this subpart 
for fiscal year 2002 or any succeeding fiscal year from any 
funds appropriated under section 5211 (other than funds 
reserved to carry out section 5205(b)), the Secretary shall give 
priority to States to the extent that the States meet the criteria 
described in paragraph (2) and one or more of the criteria 
described in subparagraph (A), (B), or (C) of paragraph (3). 
"(2) REVIEW AND EVALUATION PRIORITY CRITERIA.—The cri-
teria referred to in paragraph (1) are that the State provides 
for periodic review and evaluation by the authorized public 
chartering agency of each charter school, at least once every 
5 years unless required more frequently by State law, to deter-
mine whether the charter school is meeting the terms of the 
school's charter, and is meeting or exceeding the student aca-
demic achievement requirements and goals for charter schools 
as set forth under State law or the school's charter. 
"(3) PRIORITY CRITERIA.—The criteria referred to in para-
graph (1) are the following: 
"(A) The 
State 
has 
demonstrated 
progress, 
in 
increasing the number of high-quality charter schools that 
are held accountable in the terms of the schools' charters 
for meeting clear and measurable objectives for the edu-
cational progress of the students attending the schools, 
in the period prior to the period for which a State edu-
cational agency or eligible applicant applies for a grant 
under this subpart. 
"(B) The State— 
"(i) provides for one authorized public chartering 
agency that is not a local educational agency, such 
as a State chartering board, for each individual or 
entity seeking to operate a charter school pursuant 
to such State law; or 
"(ii) in the case of a State in which local edu-
cational agencies are the only authorized public char-
tering agencies, allows for an appeals process for the 
denial of an application for a charter school. 
115 STAT. 1790 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(C) The State ensures that each charter school has 
a high degree of autonomy over the charter school's budgets 
and expenditures. 
"(f) AMOUNT CRITERIA.—In determining the amount of a grant 
to be awarded under this subpart to a State educational agency, 
the Secretary shall take into consideration the number of charter 
schools that are operating, or are approved to open, in the State. 
20 use 722 lb. 
"SEC. 5203. APPLICATIONS. 
"(a) APPLICATIONS FROM STATE AGENCIES.—^Each State edu-
cational agency desiring a grant from the Secretary under this 
subpart shall submit to the Secretary an application at such time, 
in such manner, and containing or accompanied by such information 
as the Secretary may require. 
"(b) 
CONTENTS OF A STATE EDUCATIONAL AGENCY APPLICA-
TION.—Each application submitted pursuant to subsection (a) 
shall— 
"(1) describe the objectives of the State educational agency's 
charter school grant program and a description of how such 
objectives will be fulfilled, including steps taken by the State 
educational agency to inform teachers, parents, and commu-
nities of the State educational agency's charter school grant 
program; and 
"(2) describe how the State educational agency— 
"(A) will inform each charter school in the State 
regarding— 
"(i) Federal funds that the charter school is eligible 
to receive; and 
"(ii) Federal programs in which the charter school 
may participate; 
"(B) will ensure that each charter school in the State 
receives the charter school's commensurate share of Federal 
education funds that are allocated by formula each year, 
including during the first year of operation of the charter 
school; and 
"(C) will disseminate best or promising practices of 
charter schools to each local educational agency in the 
State; and 
"(3) contain assurances that the State educational agency 
will require each eligible applicant desiring to receive a 
subgrant to submit an application to the State educational 
agency containing— 
"(A) a description of the educational program to be 
implemented by the proposed charter school, including— 
"(i) how the program will enable all students to 
meet challenging State student academic achievement 
standards; 
"(ii) the grade levels or ages of children to be 
served; and 
"(iii) the curriculum and instructional practices to 
be used; 
"(B) a description of how the charter school will be 
managed^ 
"(C) a description of— 
"(i) the objectives of the charter school; and 
.•.««;-*vaj,r ~ 
, 
PUBLIC LAW 107-11(>—JAN. 8, 2002 
115 STAT. 1791 
"(ii) the methods by which the charter school will 
determine its progress toward achieving those objec-
tives; 
"(D) a description of the administrative relationship 
between the charter school and the authorized public char-
tering agency; 
"(E) a description of how parents and other members 
of the community will be involved in the planning, program 
design, and implementation of the charter school; 
"(F) a description of how the authorized public char-
tering agency will provide for continued operation of the 
school once the Federal grant has expired, if such agency 
determines that the school has met the objectives described 
in subparagraph (C)(i); 
"(G) a request and justification for waivers of any 
Federal statutory or regulatory provisions that the eligible 
applicant believes are necessary for the successful operation 
of the charter school, and a description of any State or 
local rules, generally applicable to public schools, that will 
be waived for, or otherwise not apply to, the school; 
"(H) a description of how the subgrant funds or grant 
fiinds, as appropriate, will be used, including a description 
of how such funds will be used in conjunction with other 
Federal programs administered by the Secretary; 
"(I) a description of how students in the community 
will be— 
"(i) informed about the charter school; and 
"(ii) given an equal opportunity to attend the 
charter school; 
"(J) an assurance that the eligible applicant will 
annually provide the Secretary and the State educational 
agency such information as may be required to determine 
if the charter school is making satisfactory progress toward 
achieving the objectives described in subparagraph (C)(i); 
"(K) an assurgmce that the eligible applicant will 
cooperate with the Secretary and the State educational 
agency in evaluating the program assisted under this sub-
part; 
"(L) a description of how a charter school that is consid-
ered a local educational agency under State law, or a 
local educational agency in which a charter school is 
located, will comply with sections 613(a)(5) and 613(e)(1)(B) 
of the Individuals with Disabilities Education Act; 
"(M) if the eligible applicant desires to use subgrant 
funds 
for 
dissemination 
activities 
under 
section 
5202(c)(2)(C), a description of those activities £ind how those 
activities will involve charter schools and other public 
schools, local educational agencies, developers, and poten-
tial developers; and 
"(N) such other information and assurances as the 
Secretary and the State educational agency may require. 
"(c) ELIGIBLE APPLICANT APPLICATION.—Each eligible applicant 
desiring a grant pursuant to section 5202(b) shall submit an applica-
tion to the Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may reasonably require. 
"(d) 
CONTENTS OF ELIGIBLE APPLICANT APPLICATION.—Each 
application submitted pursuant to subsection (c) shall contain— 
115 STAT. 1792 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) the information and assurances described in subpara-
graphs (A) through (N) of subsection (b)(3), except that for 
purposes of this subsection subparagraphs (J), (K), and (N) 
of such subsection shall be applied by striking 'and the State 
educational agency' each place such term appears; 
"(2) assurances that the State educational agency— 
"(A) will grant, or will obtain, waivers of State statu-
tory or regulatory requirements; and 
"(B) will assist each subgrantee in the State in 
receiving a waiver under section 5204(e); and 
"(3) assurances that the eligible applicant has provided 
its authorized public chartering authority timely notice, and 
a copy, of the application, except that the State educational 
agency (or the Secretary, in the case of an application submitted 
to the Secretary) may waive the requirement of this paragraph 
in the case of an application for a precharter planning grant 
or subgrant if the authorized public chartering authority to 
which a charter school proposal will be submitted has not 
been determined at the time the grant or subgrant application 
is submitted. 
20 u s e 722 Ic. 
"SEC. 5204. ADMINISTRATION. 
"(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.— 
The Secretary shall award grants to State educational agencies 
under this subpart on the basis of the quality of the applications 
submitted under section 5203(b), after taking into consideration 
such factors as— 
"(1) the contribution that the charter schools grant program 
will make to assisting educationally disadvantaged and other 
students in meeting State academic content standards and 
State student academic achievement standards; 
"(2) the degree of flexibility afforded by the State edu-
cational agency to charter schools under the State's charter 
schools law; 
"(3) the ambitiousness of the objectives for the State charter 
school grant program; 
"(4) the quality of the strategy for assessing achievement 
of those objectives; 
"(5) the likelihood that the charter school grant program 
will meet those objectives and improve educational results for 
students; 
"(6) the number of high-quality charter schools created 
under this subpart in the State; and 
"(7) in the case of State educational agencies that propose 
to use grant funds to support dissemination activities under 
subsection (f)(6)(B), the quality of those activities and the likeli-
hood that those activities will ipiprove student academic 
achievement. 
"(b) SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.—The Sec-
retary shall award grants to eligible applicants under this subpart 
on the basis of the quality of the applications submitted under 
section 5203(c), after taking into consideration such factors as— 
"(1) the quality of the proposed curriculum and instruc-
tional practices; 
"(2) the degree of flexibility afforded by the State edu-
cational agency and, if applicable, the local educational agency 
to the charter school; 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1793 
"(3) the extent of community support for the appHcation; 
"(4) the ambitiousness of the objectives for the charter 
school; 
"(5) the quahty of the strategy for assessing achievement 
of those objectives; 
"(6) the HkeUhood that the charter school will meet those 
objectives and improve educational results for students; and 
"(7) in the case of an eligible applicant that proposes to 
use grant funds to support dissemination activities under sub-
section (f)(6)(B), the quality of those activities and the likelihood 
that those activities will improve student achievement. 
"(c) PEER REVIEW.—The Secretary, and each State educational 
agency receiving a grant under this subpart, shall use a peer 
review process to review applications for assistance under this 
subpart. 
"(d) DIVERSITY OF PROJECTS.—The Secretary and each State 
educational agency receiving a grant under this subpart, shall 
award grants and subgrants under this subpart in a manner that, 
to the extent possible, ensures that such grants and subgrants— 
"(1) are distributed throughout different areas of the Nation 
and each State, including urban and rural areas; and 
"(2) will assist charter schools representing a variety of 
educational approaches, such as approaches designed to reduce 
school size. 
"(e) WAIVERS.—The Secretary may waive any statutory or regu-
latory requirement over which the Secretary exercises administra-
tive authority except any such requirement relating to the elements 
of a charter school described in section 5210(1), if— 
"(1) the waiver is requested in an approved application 
under this subpart; and 
"(2) the Secretary determines that granting such a waiver 
will promote the purpose of this subpart. 
"(f) USE OF FUNDS.— 
"(1) 
STATE 
EDUCATIONAL AGENCIES.—Each State edu-
cational agency receiving a grant under this subpart shall 
use such grant funds to award subgrants to one or more eligible 
applicants in the State to enable such applicant to plan and 
implement a charter school in accordance with this subpart, 
except that the State educational agency may reserve not more 
than 10 percent of the grant funds to support dissemination 
activities described in paragraph (6). 
"(2) 
ELIGIBLE 
APPLICANTS.—Each 
eligible 
appUcant 
receiving funds from the Secretary or a State educational 
agency shall use such funds to plan and implement a charter 
school, or to disseminate information about the charter school 
and successful practices in the charter school, in accordance 
with this subpart. 
"(3) 
ALLOWABLE 
ACTIVITIES.—An 
eligible 
applicant 
receiving a grant or subgrant under this subpart may use 
the grant or subgrant funds only for— 
(A) post-award planning and design of the educational 
program, which may include— 
"(i) refinement of the desired educational results 
and of the methods for measuring progress toward 
achieving those results; and 
"(ii) professional development of teachers and other 
staff who will work in the charter school; and 
115 STAT. 1794 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(B) initial implementation of the charter school, which 
may include— 
"(i) informing the community about the school; 
"(ii) acquiring necessary equipment and edu-
cational materials and supplies; 
"(iii) acquiring or developing curriculum materials; 
and 
"(iv) other initial operational costs that cannot be 
met from State or local sources. 
"(4) ADMINISTRATIVE EXPENSES.— 
"(A) 
STATE 
EDUCATIONAL AGENCY ADMINISTRATIVE 
EXPENSES.—^Each state educational agency receiving a 
grant pursuant to this subpart may reserve not more than 
5 percent of such grant funds for administrative expenses 
associated with the charter school grant program assisted 
under this subpart. 
"(B) LOCAL ADMINISTRATIVE EXPENSES.—^A local edu-
cational agency may not deduct funds for administrative 
fees or expenses from a subgrant awarded to an eligible 
applicant, unless the eligible applicant enters voluntarily 
into a mutually agreed upon arrangement for administra-
tive services with the relevant local educational agency. 
Absent such approval, the local educational agency shall 
distribute all such subgrant funds to the eligible applicant 
without delay. 
"(5) REVOLVING LOAN FUNDS.—Each State educational 
agency receiving a grant pursuant to this subpart may reserve 
not more than 10 percent of the grant funds for the establish-
ment of a revolving loan fund. Such fund may be used to 
make loans to eligible applicants that have received a subgrant 
under this subpart, under such terms as may be determined 
by the State educational agency, for the initial operation of 
the charter school grant program of the eligible applicant until 
such time as the recipient begins receiving ongoing operational 
support from State or local financing sources. 
"(6) DISSEMINATION.— 
"(A) IN GENERAL.—^A charter school may apply for funds 
under this subpart, whether or not the charter school has 
applied for or received funds under this subpart for plan-
ning, program design, or implementation, to carry out the 
activities described in subparagraph (B) if the charter 
school has been in operation for at least 3 consecutive 
years and has demonstrated overall success, including— 
"(i) substantial progress in improving student aca-
demic achievement; 
"(ii) high levels of parent satisfaction; and 
"(iii) the management and leadership necessary 
to overcome initial start-up problems and establish 
a thriving, financially viable charter school. 
"(B) 
ACTIVITIES.—^A charter 
school 
described 
in 
subparagraph (A) may use funds reserved under paragraph 
(1) to assist other schools in adapting the charter school's 
program (or certain aspects of the charter school's pro-
gram), or to disseminate information about the charter 
school, through such activities as— 
"(i) assisting other individuals with the planning 
and start-up of one or more new public schools. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1795 
including charter schools, that are independent of the 
assisting charter school and the assisting charter 
school's developers, and that agree to be held to at 
least as high a level of accountability as the assisting 
charter school; 
"(ii) developing partnerships with other public 
schools, including charter schools, designed to improve 
student academic achievement in each of the schools 
participating in the partnership; 
"(iii) developing curriculum materials, assess-
ments, and other materials that promote increased 
student achievement and are based on successful prac-
tices within the assisting charter school; and 
"(iv) conducting evaluations and developing mate-
rials that document the successful practices of the 
assisting charter school and that are designed to 
improve student performance in other schools. 
"(g) TRIBALLY CONTROLLED SCHOOLS.—Each State that receives 
a grant under this subpart and designates a tribally controlled 
school as a charter school shall not consider payments to a school 
under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507) 
in determining— 
"(1) the eligibility of the school to receive any other Federal, 
State, or local aid; or 
"(2) the amount of such aid. 
"SEC. 5205. NATIONAL ACTIVITIES. 
20 USC 7221d. 
"(a) IN GENERAL.—The Secretary shall reserve for each fiscal 
year the greater of 5 percent or $5,000,000 of the amount appro-
priated to carry out this subpart, except that in no fiscal year 
shall the total amount so reserved exceed $8,000,000, to carry 
out the following activities: 
"(1) To provide charter schools, either directly or through 
State educational agencies, with— 
"(A) information regarding— 
"(i) Federal funds that charter schools are eligible 
to receive; and 
"(ii) other Federal programs in which charter 
schools may participate; and 
"(B) assistance in applying for Federal education funds 
that are allocated by formula, including assistance with 
filing deadlines and submission of applications. 
"(2) To provide for other evaluations or studies that include 
the evaluation of the impact of charter schools on student 
academic achievement, including information regarding— 
"(A) students attending charter schools reported on 
the basis of race, age, disability, gender, limited English 
proficiency, and previous enrollment in public school; and 
"(B) the professional qualifications of teachers within 
a charter school and the turnover of the teaching force. 
"(3) To provide— 
"(A) information to applicants for assistance under this 
subpart; 
"(B) assistance to applicants for assistance under this 
subpart with the preparation of applications under section 
5203; 
115 STAT. 1796 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(C) assistance in the planning and startup of charter 
schools; 
"(D) training and technical assistance to existing 
charter schools; and 
"(E) for the dissemination to other public schools of 
best or promising practices in charter schools. 
"(4) To provide (including through the use of one or more 
contracts that use a competitive bidding process) for the collec-
tion of information regarding the financial resources available 
to charter schools, including access to private capital, and to 
widely disseminate to charter schools any such relevant 
information and model descriptions of successful programs. 
"(5) To carry out evaluations of, technical assistance for, 
and information dissemination regarding, the per-pupil facili-
ties aid programs. In carrying out the evaluations, the Secretary 
may carry out one or more evaluations of State programs 
assisted under this subsection, which shall, at a minimum, 
address— 
"(A) how, and the extent to which, the programs pro-
mote educational equity and excellence; and 
"(B) the extent to which charter schools supported 
through the programs are— 
"(i) held accountable to the public; 
"(ii) effective in improving public education; and 
"(iii) open and accessible to all students. 
"(b) PER-PUPIL FACILITIES AID PROGRAMS.— 
"(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.— 
In this subsection, the term 'per-pupil facilities aid program' 
means a program in which a State makes payments, on a 
per-pupil basis, to charter schools to provide the schools with 
financing— 
"(A) that is dedicated solely for funding charter school 
facilities; or 
"(B) a portion of which is dedicated for funding charter 
school facilities. 
"(2) GRANTS.— 
"(A) IN GENERAL.—^From the amount made available 
to carry out this subsection under paragraphs (2) and (3)(B) 
of section 5211(b) for any fiscal year, the Secretary shall 
make grants, on a competitive basis, to States to pay for 
the Federal share of the cost of establishing or enhancing, 
and administering per-pupil facilities aid programs. 
"(B) PERIOD.—^The Secretary shall award grants under 
this subsection for periods of not more than 5 years. 
"(C) FEDERAL SHARE.—The Federal share of the cost 
described in subparagraph (A) for a per-pupil facilities 
aid program shall be not more than— 
"(i) 90 percent of the cost, for the first fiscal year 
for which the program receives assistance under this 
subsection; 
"(ii) 80 percent in the second such year; 
"(iii) 60 percent in the third such year; 
"(iv) 40 percent in the fourth such year; and 
"(v) 20 percent in the fifth such year. 
"(3) USE OF FUNDS.— 
"(A) IN GENERAL.—^A State that receives a grant under 
this subsection shall use the funds made available through 
PUBLIC LAW lOV-llO-JAN. 8, 2002 
115 STAT. 1797 
the grant to establish or enhance, and administer, a per-
pupil facihties aid program for charter schools in the State. 
"(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINA-
TION.—From the amount made available to a State through 
a grant under this subsection for a fiscal year, the State 
may reserve not more than 5 percent to carry out evalua-
tions, to provide technical assistance, and to disseminate 
information. 
"(C) SUPPLEMENT, NOT SUPPLANT.—^Funds made avail-
able under this subsection shall be used to supplement, 
and not supplant. State and local public funds expended 
to provide per pupil facilities aid programs, operations 
financing programs, or other programs, for charter schools. 
"(4) REQUIREMENTS.— 
"(A) VOLUNTARY PARTICIPATION.—No State may be 
required to participate in a program carried out under 
this subsection. 
"(B) STATE LAW.—To be eligible to receive a grant 
under this subsection, a State shall establish or enhance, 
and administer, a per-pupil facilities aid program for 
charter schools in the State, that— 
"(i) is specified in State law; and 
"(ii) provides annual financing, on a per-pupil 
basis, for charter school facilities. 
"(5) APPLICATIONS.—To be eligible to receive a grant under 
this subsection, a State shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require. 
"(6) PRIORITIES.—In making grants under this subsection, 
the Secretary shall give priority to States that meet the criteria 
described in paragraph (2), and subparagraphs (A), (B), and 
(C) of paragraph (3), of section 5202(e). 
"(c) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to require charter schools to collect any data described 
in subsection (a). 
"SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND 
20 USC 7221e. 
FOR SUCCESSIVE ENROLLMENT 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 Secretary 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 
characteristics of the students enrolling in that charter school are 
not fully and completely determined until that charter school actu-
ally opens. The measures similarly shall ensure that every charter 
school expanding its enrollment in any subsequent 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 payments made to a charter school on 
115 STAT. 1798 
PUBLIC LAW 107-110-^AN. 8, 2002 
the basis of estimated 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 academic year have a full and fair opportunity to receive 
those funds during the charter schools' first year of operation. 
20 use 722 
If. 
"SEC. 5207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERA-
TORS. 
"To the extent practicable, the Secretary shall ensure that 
administrators, teachers, and other individuals directly involved 
in the operation of charter schools are consulted in the development 
of any rules or regulations required to implement this subpart, 
as well as in the development of any rules or regulations relevant 
to charter schools that are required to implement part A of title 
I, the Individuals with Disabilities Education Act, or any other 
program administered by the Secretary that provides education 
funds to charter schools or regulates the activities of charter schools. 
20 use 722 Ig. 
"SEC. 5208. RECORDS TRANSFER. 
"State educational agencies and local educational agencies, to 
the extent practicable, shall ensure that a student's records and, 
if applicable, a student's individualized education program as 
defined in section 602(11) of the Individuals with Disabilities Edu-
cation 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 applicable State law. 
20 use 722 Ih. 
"SEC. 5209. PAPERWORK REDUCTION. 
"To the extent practicable, the Secretary and each authorized 
public chartering agency shall ensure that implementation of this 
subpart results in a minimum of paperwork for any eligible 
applicant or charter school. 
20 use 72211. 
"SEC. 5210. DEFINITIONS. 
"In this subpart: 
"(1) CHARTER SCHOOL.—The term 'charter school' means 
a public school that— 
"(A) in accordance with a specific State statute author-
izing the granting of charters to schools, is exempt from 
significant State or local rules that inhibit the flexible 
operation and management of public schools, but not from 
any rules relating to the other requirements of this para-
graph; 
"(B) is created by a developer as a public school, or 
is adapted by a developer from an existing public school, 
and is operated under public supervision and direction; 
"(C) operates in pursuit of a specific set of educational 
objectives determined by the school's developer and agreed 
to by the authorized public chartering agency; 
"(D) provides a program of elementary or secondary 
education, or both; 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1799 
"(E) is nonsectarian in its programs, admissions poli-
cies, emplojnnent practices, and all other operations, and 
is not affiliated with a sectarian school or religious institu-
tion; 
"(F) does not charge tuition; 
"(G) complies with the Age Discrimination Act of 1975, 
title VI of the Civil Rights Act of 1964, title IX of the 
Education Amendments of 1972, section 504 of the 
Rehabilitation Act of 1973, £ind part B of the Individuals 
with Disabilities Education Act; 
"(H) is a school to which parents choose to send their 
children, and that admits students on the basis of a lottery, 
if more students apply for admission than can be accommo-
dated; 
"(I) agrees to comply with the same Federal and State 
audit requirements as do other elementary schools and 
secondary schools in the State, unless such requirements 
are specifically waived for the purpose of this program; 
"(J) meets all applicable Federal, State, £ind local 
health and safety requirements; 
"(K) operates in accordance with State law; and 
"(L) has a written performance contract with the 
authorized public chartering agency in the State that 
includes a description of how student performance will 
be measured in charter schools pursuant to State assess-
ments that are required of other schools and pursuant 
to any other assessments mutually agreeable to the author-
ized public chartering agency and the charter school. 
"(2) 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 staff, parents, or other members of the local 
community in which a charter school project will be carried 
out. 
"(3) ELIGIBLE APPLICANT.—^The term 'eligible applicant' 
means a developer that has— 
"(A) applied to an authorized public 
chartering 
authority to operate a charter school; and 
"(B) provided adequate and timely notice to that 
authority under section 5203(d)(3). 
"(4) AUTHORIZED PUBLIC CHARTERING AGENCY.—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. 
"SEC. 5211. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 7221J. 
"(a) IN GENERAL.—There are authorized to be appropriated 
to carry out this subpart $300,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding fiscal 
years. 
"(b) RESERVATION.—From the amount appropriated under sub-
section (a) for each fiscal year, the Secretary shall reserve— 
"(1) $200,000,000 to carry out this subpart, other than 
section 5205(b); and 
"(2) any funds in excess of $200,000,000, that do not exceed 
$300,000,000, to carry out section 5205(b); and 
115 STAT. 1800 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(3)(A) 50 percent of any funds in excess of $300,000,000 
to carry out this subpart, other than section 5205(b); and 
"(B) 50 percent of any funds in excess of $300,000,000 
to carry out section 5205(b). 
"Subpart 2—Credit Enhancement Initiatives To 
Assist Charter School Facility Acquisition, Con-
struction, and Renovation 
20 use 7223. 
"SEC. 5221. PURPOSE. 
"The purpose of this subpart is to provide grants to eligible 
entities to permit the eligible entities to demonstrate innovative 
credit enhancement initiatives that assist charter schools to address 
the cost of acquiring, constructing, and renovating facilities. 
20 use 7223a. 
"SEC. 5222. GRANTS TO ELIGIBLE ENTITIES. 
"(a) GRANTS.—The Secretary shall use 100 percent of the 
amount available to carry out this subpart to award not less than 
three grants to eligible entities that have applications approved 
under this subpart to demonstrate innovative methods of assisting 
charter schools to address the cost of acquiring, constructing, and 
renovating facilities by enhancing the availability of loans or bond 
financing. 
"(b) GRANTEE SELECTION.— 
"(1) EVALUATION OF APPLICATION.—The Secretary shall 
evaluate each application submitted under section 5223, and 
shall determine whether the application is sufficient to merit 
approval. 
"(2) DISTRIBUTION OF GRANTS.—The Secretary shall award 
at least one grant to an eligible entity described in section 
5230(2)(A), at least one grant to an eligible entity described 
in section 5230(2)(B), and at least one grant to an eligible 
entity described in section 5230(2)(C), if applications are sub-
mitted that permit the Secretary to do so without approving 
an application that is not of sufficient quality to merit approval. 
"(c) GRANT CHARACTERISTICS.—Grants under this subpart shall 
be of a sufficient size, scope, and quality so as to ensure an effective 
demonstration of an innovative means of enhancing credit for the 
financing of charter school acquisition, construction, or renovation. 
"(d) SPECIAL RULE.—In the event the Secretary determines 
that the funds made available under this subpart are insufficient 
to permit the Secretary to award not less than three grants in 
accordance with subsections (a) through (c), such three-grant min-
imum and subsection (b)(2) shall not apply, and the Secretary 
may determine the appropriate number of grants to be awarded 
in accordance with subsection (c). 
20 use 7223b. 
"SEC 5223. APPLICATIONS. 
"(a) IN GENERAL.—To receive a grant under this subpart, an 
eligible entity shall submit to the Secretary an application in such 
form as the Secretary may reasonably require. 
"(b) CONTENTS.—An application submitted under subsection (a) 
shall contain— 
"(1) a statement identifying the activities proposed to be 
undertaken with funds received under this subpart, including 
how the eligible entity will determine which charter schools 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1801 
will receive assistance, and how much and what types of assist-
ance charter schools will receive; 
"(2) a description of the involvement of charter schools 
in the application's development and the design of the proposed 
activities; 
"(3) a description of the eligible entity's expertise in capital 
market financing; 
"(4) a description of how the proposed activities will lever-
age the maximum amount of private-sector financing capital 
relative to the amount of government funding used and other-
wise enhance credit available to charter schools; 
"(5) a description of how the eligible entity possesses suffi-
cient expertise in education to evaluate the likelihood of success 
of a charter school program for which facilities financing is 
sought; 
"(6) in the case of an application submitted by a State 
governmental entity, a description of the actions that the entity 
has taken, or will take, to ensure that charter schools within 
the State receive the funding the charter schools need to have 
adequate facilities; and 
"(7) such other information as the Secretary may reason-
ably require. 
«SEC. 5224. CHARTER SCHOOL OBJECTIVES. 
"An eligible entity receiving a grant under this subpart shall 
use the funds deposited in the reserve account established under 
section 5225(a) to assist one or more charter schools to access 
private sector capital to accomplish one or both of the following 
objectives: 
"(1) The acquisition (by purchase, lease, donation, or other-
wise) of an interest (including an interest held by a third 
party for the benefit of a charter school) in improved or unim-
proved real property that is necessary to commence or continue 
the operation of a charter school. 
"(2) The construction of new facilities, or the renovation, 
repair, or alteration of existing facilities, necessary to commence 
or continue the operation of a charter school. 
"SEC. 5225. RESERVE ACCOUNT. 
"(a) USE OF FUNDS.—^To assist charter schools to accomplish 
the objectives described in section 5224, an eligible entity receiving 
a grant under this subpart shall, in accordance with State and 
local law, directly or indirectly, alone or in collaboration with others, 
deposit the funds received under this subpart (other than funds 
used for administrative costs in accordance with section 5226) in 
a reserve account established and maintained by the eligible entity 
for this purpose. Amounts deposited in such account shall be used 
by the eligible entity for one or more of the following purposes: 
"(1) Guaranteeing, insuring, and reinsuring bonds, notes, 
evidences of debt, loans, and interests therein, the proceeds 
of which are used for an objective described in section 5224. 
"(2) Guaranteeing and insuring leases of personal and real 
property for an objective described in section 5224. 
"(3) Facilitating financing by identifying potential lending 
sources, encouraging private lending, and other similar activi-
ties that directly promote lending to, or for the benefit of, 
charter schools. 
20 u s e 7223c. 
20 u s e 7223d. 
115 STAT. 1802 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(4) Facilitating the issuance of bonds by charter schools, 
or by other public entities for the benefit of charter schools, 
by providing technical, administrative, and other appropriate 
assistance (including the recruitment of bond counsel, under-
writers, and potential investors and the consolidation of mul-
tiple charter school projects within a single bond issue), 
"(b) INVESTMENT.—Funds received under this subpart and 
deposited in the reserve account established under subsection (a) 
shall be invested in obligations issued or guaranteed by the United 
States or a State, or in other similarly low-risk securities. 
"(c) REINVESTMENT OF EARNINGS.—^Any earnings on funds 
received under this subpart shall be deposited in the reserve account 
established under subsection (a) and used in accordance with such 
subsection. 
20 use 7223e. 
"SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS. 
"An eligible entity may use not more than 0.25 percent of 
the funds received under this subpart for the administrative costs 
of carrying out its responsibilities under this subpart. 
20 use 7223f. 
"SEC. 5227. AUDITS AND REPORTS. 
"(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The finan-
cial records of each eligible entity receiving a grant under this 
subpart shall be maintained in accordance with generally accepted 
accounting principles and shall be subject to an annual audit by 
an independent public accountant. 
"(b) REPORTS.— 
"(1) 
GRANTEE 
ANNUAL 
REPORTS.—Each eligible entity 
receiving a grant under this subpart annually shall submit 
to the Secretary a report of its operations and activities under 
this subpart. 
"(2) CONTENTS.—Each annual report submitted under para-
graph (1) shall include— 
"(A) a copy of the most recent financial statements, 
and any accompanying opinion on such statements, pre-
pared by the independent public accountant reviewing the 
financial records of the eligible entity; 
"(B) a copy of any report made on an audit of the 
financial records of the eligible entity that was conducted 
under subsection (a) during the reporting period; 
"(C) an evaluation by the eligible entity of the effective-
ness of its use of the Federal funds provided under this 
subpart in leveraging private funds; 
"(D) a listing and description of the charter schools 
served during the reporting period; 
"(E) a description of the activities carried out by the 
eligible entity to assist charter schools in meeting the objec-
tives set forth in section 5224; and 
"(F) a description of the characteristics of lenders and 
other financial institutions participating in the activities 
undertaken by the eligible entity under this subpart during 
the reporting period. 
"(3) SECRETARIAL REPORT.—The Secretary shall review the 
reports submitted under paragraph (1) and shall provide a 
comprehensive annual report to Congress on the activities con-
ducted under this subpart. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1803 
"SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS. 
"No financial obligation of an eligible entity entered into pursu-
ant to this subpart (such as an obligation under a guarantee, 
bond, note, evidence of debt, or loan) shall be an obligation of, 
or guaranteed in any respect by, the United States. The full faith 
and credit of the United States is not pledged to the payment 
of funds which may be required to be paid under any obligation 
made by an eligible entity pursuant to any provision of this subpart. 
"SEC. 5229. RECOVERY OF FUNDS. 
"(a) IN GENERAL.—The Secretary, in accordance with chapter 
37 of title 31, United States Code, shall collect— 
"(1) all of the funds in a reserve account established by 
an eligible entity under section 5225(a) if the Secretary deter-
mines, not earlier than 2 years after the date on which the 
eligible entity first received funds under this subpart, that 
the eligible entity has failed to make substantial progress in 
carrying out the purposes described in section 5225(a); or 
"(2) all or a portion of the funds in a reserve account 
established by an eligible entity under section 5225(a) if the 
Secretary determines that the eligible entity has permanently 
ceased to use all or a portion of the funds in such account 
to accomplish any purpose described in section 5225(a). 
"(b) EXERCISE OF AUTHORITY.—The Secretary shall not exercise 
the authority provided in subsection (a) to collect from any eligible 
entity any funds that are being properly used to achieve one or 
more of the purposes described in section 5225(a). 
"(c) PROCEDURES.—The provisions of sections 451, 452, and 
458 of the General Education Provisions Act shall apply to the 
recovery of funds under subsection (a). 
"(d) CONSTRUCTION.—This section shall not be construed to 
impair or affect the authority of the Secretary to recover funds 
under part D of the General Education Provisions Act. 
"SEC. 5230. DEFINITIONS. 
"In this subpart: 
"(1) CHARTER SCHOOL.—The term 'charter school' has the 
meaning given such term in section 5210. 
"(2) ELIGIBLE ENTITY.—The term 'eligible entity' means— 
"(A) a public entity, such as a State or local govern-
mental entity; 
"(B) a private nonprofit entity; or 
"(C) a consortium of entities described in subpara-
graphs (A) and (B). 
"SEC. 5231. AUTHORIZATION OF APPROPRIATIONS. 
"For the purpose of carrying out this subpart, there are author-
ized to be appropriated $150,000,000 for fiscal year 2002 and such 
sums as may be necessary for fiscal year 2003. 
20 use 7223g. 
"Subpart 3-
«SEC. 5241. GRANTS. 
-Voluntary Public School Choice 
Programs 
"(a) AUTHORIZATION.—From funds made available under section 
5248 to carry out this subpart, the Secretary shall award grants, 
on a competitive basis, to eligible entities to enable the entities 
20 use 7223h. 
Applicability. 
20 use 72231. 
20 use 7223J. 
20 use 7225. 
115 STAT. 1804 
PUBLIC LAW 107-110-^AN. 8, 2002 
to establish or expand a program of public school choice (referred 
to in this subpart as a 'program') in accordance with this subpart. 
"(b) DURATION.—Grants awarded under subsection (a) may be 
awarded for a period of not more than 5 years. 
20 u s e 7225a. 
"SEC. 5242. USES OF FUNDS. 
"(a) REQUIRED USE OF FUNDS.—An eligible entity that receives 
a grant under this subpart shall use the grant funds to provide 
students selected to participate in the program with transportation 
services or the cost of transportation to and from the public 
elementary schools and secondary schools, including charter schools, 
that the students choose to attend under the program. 
"(b) PERMISSIBLE USES OF FUNDS.—An eligible entity that 
receives a grant under this subpart may use the grant funds for— 
"(1) planning or designing a program (for not more than 
1 year); 
"(2) the cost of making tuition transfer payments to public 
elementary schools or secondary schools to which students 
transfer under the program; 
"(3) the cost of capacity-enhancing activities that enable 
high-demand public elementary schools or secondary schools 
to accommodate transfer requests under the program; 
"(4) the cost of carrying out public education campaigns 
to inform students and parents about the program; and 
"(5) other costs reasonably necessary to implement the 
program. 
"(c) NONPERMISSIBLE USES OF FuNDS.—^An eligible entity that 
receives a grant under this subpart may not use the grant funds 
for school construction. 
"(d) ADMINISTRATIVE EXPENSES.—The eligible entity may use 
not more than 5 percent of the funds made available through 
the grant for any fiscal year for administrative expenses. 
20 use 7225b. 
"SEC. 5243. APPLICATIONS. 
"(a) SUBMISSION.—^An eligible entity that desires a grant under 
this subpart shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require. 
"(b) CONTENTS.—^An application submitted under subsection (a) 
shall include— 
"(1) a description of the program for which the eligible 
entity seeks funds and the goals for such program; 
"(2) a description of how and when parents of students 
will be given the notice required under section 5245(a)(2); 
"(3) a description of how students will be selected for the 
program; 
"(4) a description of how the program will be coordinated 
with, and will complement and enhance, other related Federal 
and non-Federal projects; 
"(5) if the program is to be carried out by a partnership, 
the name of each partner and a description of the partnei^s 
responsibilities; and 
"(6) such other information as the Secretary may require. 
20 u s e 7225c. 
"SEC. 5244. PRIORITIES. 
"In awarding grants under this subpart, the Secretary shall 
give priority to an eligible entity— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1805 
"(1) whose program would provide the widest variety of 
choices to all students in participating schools; 
"(2) whose program would, through various choice options, 
have the most impact in allowing students in low-performing 
schools to attend higher-performing schools; and 
"(3) that is a partnership that seeks to implement an 
interdistrict approach to carrying out a program. 
"SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION. 
20 USC 7225d. 
"(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In 
carrying out a program under this subpart, an eligible entity shall— 
"(1) develop the program with— 
"(A) the involvement of parents and others in the 
community to be served; and 
"(B) individuals who will carry out the program, 
including administrators, teachers, principals, and other 
staff; and 
"(2) provide to parents of students in the area to be served 
by the program with prompt notice of— 
"(A) the existence of the program; 
"(B) the program's availability; and 
"(C) a clear explanation of how the program will 
operate. 
"(b) SELECTION OF STUDENTS.—^An eligible entity that receives 
a grant under this subpart shall select students to participate 
in a program on the basis of a lottery, if more students apply 
for admission to the program than can be accommodated. 
"(c) VOLUNTARY PARTICIPATION.—Student participation in a pro-
gram funded under this subpart shall be voluntary. 
"SEC. 5246. EVALUATIONS. 
20 USC 7225e. 
"(a) IN GENERAL.—From the amount made available to carry 
out this subpart for any fiscal year, the Secretary may reserve 
not more than 5 percent— 
"(1) to carry out evaluations; 
"(2) to provide technical assistance; and 
"(3) to disseminate information. 
"(b) EVALUATIONS.—In carrying out the evaluations under sub-
section (a), the Secretary shall, at a minimum, address— 
"(1) how, and the extent to which, the programs promote 
educational equity and excellence; 
"(2) the characteristics of the students participating in 
the programs; and 
"(3) the effect of the programs on the academic achievement 
of students participating in the programs, particularly students 
who move from schools identified under section 1116 to schools 
not so identified, and on the overall quality of participating 
schools and districts. 
"SEC. 5247. DEFINITIONS. 
20 USC 7225f. 
"In this subpart: 
"(1) CHARTER SCHOOL.—The term 'charter school' has the 
meaning given such term in section 5210. 
"(2) ELIGIBLE ENTITY.—The term 'eligible entity' means— 
"(A) one or more State educational agencies; 
"(B) one or more local educational agencies; or 
"(C) a partnership of— 
"(i) one or more— 
115 STAT. 1806 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(I) State educational agencies; and 
"(11) local educational agencies or other public, 
for-profit, or nonprofit entities; or 
"(ii) one or more— 
"(I) local educational agencies; and 
"(II) public, for-profit, or nonprofit entities. 
"(3) LOW-PERFORMING SCHOOL.—The term 'low-performing 
school' means a public elementary school or secondary school 
that has failed to make adequate yearly progress, as described 
in section 1111(b), for two or more consecutive years. 
20 use 7225g. 
"SEC. 5248. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this 
subpart $100,000,000 for fiscal year 2002 and each of the 5 suc-
ceeding fiscal years. 
"PART C—MAGNET SCHOOLS ASSISTANCE 
20 use 7231. 
"SEC. 5301. FINDINGS AND PURPOSE. 
"(a) FINDINGS.—Congress makes the following findings: 
"(1) Magnet schools are a significant part of the Nation's 
effort to achieve voluntary desegregation in our Nation's 
schools. 
"(2) The use of magnet schools has increased dramatically 
since the inception of the magnet schools assistance program 
under this Act, with approximately 2,000,000 students nation-
wide attending such schools, of whom more than 65 percent 
are non-white. 
"(3) Magnet schools offer a wide range of distinctive pro-
grams that have served as models for school improvement 
efforts. 
"(4) It is in the best interests of the United States— 
"(A) to continue the Federal Government's support of 
local educational agencies that are implementing court-
ordered desegregation plans and local educational agencies 
that are voluntarily seeking to foster meaningful inter-
action among students of different racial and ethnic back-
grounds, beginning at the earliest stage of such students' 
education; 
"(B) to ensure that all students have equitable access 
to a high quality education that will prepare all students 
to function well in a technologically oriented and a highly 
competitive economy comprised of people from many dif-
ferent racial and etlmic backgrounds; and 
"(C) to continue to desegregate and diversify schools 
by supporting magnet schools, recognizing that segregation 
exists between minority and nonminority students as well 
as among students of different minority groups. 
"(5) Desegregation efforts through magnet school programs 
are a significant part of our Nation's effort to achieve voluntary 
desegregation in schools and help to ensure equal educational 
opportunities for all students. 
"(b) PURPOSE.—The purpose of this part is to assist in the 
desegregation of schools served by local educational agencies by 
providing financial assistance to eligible local educational agencies 
for— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1807 
"(1) the elimination, reduction, or prevention of minority 
group isolation in elementary schools and secondary schools 
with substantial proportions of minority students, which shall 
include assisting in the efforts of the United States to achieve 
voluntary desegregation in public schools; 
"(2) the development and implementation of magnet school 
programs that will assist local educational agencies in achieving 
systemic reforms and providing all students the opportunity 
to meet challenging State academic content standards and stu-
dent academic achievement standards; 
"(3) the development and design of innovative educational 
methods and practices that promote diversity and increase 
choices in public elementary schools and public secondary 
schools and public educational programs; 
"(4) courses of instruction within magnet schools that will 
substantially strengthen the knowledge of academic subjects 
Eind the attainment of tangible and marketable vocational, 
technological, and professional skills of students attending such 
schools; 
"(5) improving the capacity of local educational agencies, 
including through professional development, to continue oper-
ating magnet schools at a high performance level after Federal 
funding for the magnet schools is terminated; and 
"(6) ensuring that all students enrolled in the magnet 
school programs have equitable access to high quality education 
that will enable the students to succeed academically and con-
tinue with postsecondary education or productive employment. 
"SEC. 5302. DEFINITION. 
"For the purpose of this part, the term 'magnet school' means 
a public elementary school, public secondary school, public 
elementary education center, or public secondary education center 
that offers a special curriculum capable of attracting substantial 
numbers of students of different racial backgrounds. 
"SEC. 5303. PROGRAM AUTHORIZED. 
"The Secretary, in accordance with this part, is authorized 
to award grants to eligible local educational agencies, and consortia 
of such agencies where appropriate, to carry out the purpose of 
this part for magnet schools that are— 
"(1) part of an approved desegregation plan; and 
"(2) designed to bring students from different social, eco-
nomic, ethnic, and racial backgrounds together. 
"SEC. 5304. ELIGIBILITY. 
"A local educational agency, or consortium of such agencies 
where appropriate, is eligible to receive a grant under this part 
to carry out the purpose of this part if such agency or consortium— 
"(1) is implementing a plan undertaken pursuant 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 requires the desegregation of minority-group-
segregated children or faculty in the elementary schools and 
secondary 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 consortium of such agencies, under 
this part, adopt and implement a plan that has been approved 
20 u s e 7231a. 
20 u s e 7231b. 
20 u s e 7231c. 
115 STAT. 1808 
PUBLIC LAW 107-110-^AN. 8, 2002 
by the Secretary 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. 
20 use 7231d. 
"SEC. 5305. APPLICATIONS AND REQUIREMENTS. 
"(a) APPLICATIONS.—^An eligible local educational agency, or 
consortium of such agencies, desiring to receive a grant under 
this part shall submit an application to the Secretary at such 
time, in such manner, and containing such information and assur-
ances as the Secretary may reasonably require. 
"(b) INFORMATION AND ASSURANCES.—^Each application sub-
mitted under subsection (a) shall include— 
"(1) a description of— 
"(A) how a grant awarded under this part will be 
used to promote desegregation, including how the proposed 
magnet school programs 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 part is no longer avail-
able, and, if applicable, an explanation of why magnet 
schools established or supported by the applicant with 
grant funds under this part cannot be continued without 
the use of grant funds under this part; 
"(D) how grant funds under this part will be used— 
"(i) to improve student academic achievement for 
all students attending the magnet school programs; 
and 
"(ii) to implement services and activities that are 
consistent with other programs under this Act, and 
other Acts, as appropriate; and 
"(E) the criteria to be used in selecting students to 
attend the proposed magnet school program; and 
"(2) assurances that the applicant will— 
"(A) use grant funds under this part for the purposes 
specified in section 5301(b); 
"(B) employ highly qualified teachers in the courses 
of instruction assisted under this part; 
"(C) not engage in discrimination based on race, reli-
gion, color, national origin, sex, or disability in— 
"(i) the hiring, promotion, or assignment 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 extracurricular activi-
ties for students; 
"(D) carry out a high-quality education program that 
will encourage 
greater 
parental 
decisionmaking 
and 
involvement; and 
"(E) give students residing in the local attendance area 
of the proposed magnet school program equitable consider-
ation for placement in the program, consistent with 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1809 
desegregation guidelines and the capacity of the applicant 
to accommodate the students. 
"(c) SPECIAL RULE.—No grant shall be awarded under this 
part unless the Assistant Secretary of Education for Civil Rights 
determines that the assurances described in subsection (b)(2)(C) 
will be met. 
"SEC. 5306. PRIORITY. 
"In awarding grants under this part, the Secretary shall give 
priority to applicants that— 
"(1) demonstrate the greatest need for assistance, based 
on the expense or difficulty of effectively carrying out approved 
desegregation plans and the magnet school program for which 
the grant is sought; 
"(2) propose to carry out new magnet school programs, 
or significantly revise existing magnet school programs; and 
"(3) propose to select students to attend magnet school 
programs by methods such as lottery, rather than through 
academic examination. 
"SEC. 5307. USE OF FUNDS. 
"(a) IN GENERAL.—Grant funds made available under this part 
may be used by an eligible local educational agency, or consortium 
of such agencies— 
"(1) for planning and promotional activities directly related 
to the development, expansion, continuation, 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 computers, necessary to conduct pro-
grams in magnet schools; 
"(3) for the compensation, or subsidization of the compensa-
tion, of elementary school and secondary school teachers who 
are highly qualified, and instructional staff where applicable, 
who are necessary to conduct programs in magnet schools; 
"(4) with respect to a magnet school program offered to 
less than the entire student population of a school, for instruc-
tional activities that— 
"(A) are designed to make available the special cur-
riculum 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 part; 
"(5) for activities, which may include professional develop-
ment, that will build the recipient's capacity 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 designing magnet schools 
for students in all grades. 
"(b) SPECIAL RULE.—Grant funds under this part 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 State's challenging academic 
20 u s e 7231e. 
20 u s e 7231f. 
115 STAT. 1810 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 7231g. 
20 use 7231h. 
Deadline. 
20 use 72311. 
PubUc 
Information. 
20 use 7'231j. 
content standards and student academic achievement standards 
or directly related to improving student reading skills or knowledge 
of mathematics, science, history, geography, English, foreign lan-
guages, art, or music, or to improving vocational, technological, 
and professional skills. 
"SEC. 5308. PROHIBITION. 
"Grants under this part may not be used for transportation 
or any activity that does not augment academic improvement. 
"SEC. 5309. LIMITATIONS. 
"(a) DURATION OF AWARDS.—^A grant under this part shall 
be awarded for a period that shall not exceed 3 fiscal years. 
"(b) LIMITATION ON PLANNING FUNDS.—^A local educational 
agency, or consortium of such agencies, may expend 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 part 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 consortium of 
such agencies, awarded a grant under this part shall receive more 
than $4,000,000 under this part for any 1 fiscal year. 
"(d) TIMING.—^To the extent practicable, the Secretary shall 
award grants for any fiscal year under this part not later than 
July 1 of the applicable fiscal year. 
"SEC. 5310. EVALUATIONS. 
"(a) RESERVATION.—The Secretary may reserve not more than 
2 percent of the funds appropriated under section 5311(a) for any 
fiscal year to carry out evaluations, provide technical assistance, 
and carry out dissemination projects with respect to magnet school 
programs assisted under this part. 
"(b) CONTENTS.—Each evaluation described in subsection (a), 
at a minimum, shall address— 
"(1) how and the extent to which magnet school programs 
lead to educational quality and improvement; 
"(2) the extent to which magnet school programs enhance 
student access to a high 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 minority students; and 
"(4) the extent to which magnet school programs differ 
from other school programs in terms of the organizational 
characteristics and resource allocations of such magnet school 
programs. 
"(c) DISSEMINATION.—The Secretary shall collect and dissemi-
nate to the general public information on successful magnet school 
programs. 
"SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. 
"(a) AUTHORIZATION.—For the purpose of carrying out this part, 
there are authorized to be appropriated $125,000,000 for fiscal 
year 2002 and such sums as may be necessary for each of the 
5 succeeding fiscal years. 
"(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT 
PREVIOUSLY ASSISTED.—In any fiscal year for which the amount 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1811 
appropriated pursuant to subsection (a) 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 agencies or 
consortia of such agencies that did not receive a grant under this 
part in the preceding fiscal year. 
"PART D—FUND FOR THE IMPROVEMENT OF 
EDUCATION 
"SEC. 5401. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 7241. 
"There are authorized to be appropriated to carry out this 
part the following amounts: 
"(1) $550,000,000 for fiscal year 2002. 
"(2) $575,000,000 for fiscal year 2003. 
"(3) $600,000,000 for fiscal year 2004. 
"(4) $625,000,000 for fiscal year 2005. 
"(5) $650,000,000 for fiscal year 2006. 
"(6) $675,000,000 for fiscal year 2007. 
"Subpart 1—Fund for the Improvement of 
Education 
"SEC. 5411. PROGRAMS AUTHORIZED. 
20 USC 7243. 
"(a) AUTHORIZATION.—The Secretary is authorized to support 
nationally significant programs to improve the quality of elementary 
and secondary education at the State and local levels and help 
all children meet challenging State academic content and student 
academic achievement standards. The Secretary may carry out such 
programs directly, or through grants to, or contracts with— 
"(1) States or local educational agencies; 
"(2) institutions of higher education; and 
"(3) other public and private agencies, organizations, and 
institutions. 
"(b) USES OF FUNDS.—Funds made available under section 5401 
to carry out this subpart may be used for any of the following 
programs: 
"(1) Activities to promote systemic education reform at 
the State and local levels, including scientifically based 
research, development, and evaluation designed to improve— 
"(A) student academic achievement at the State and 
local level; and 
"(B) strategies for effective parent and community 
involvement. 
"(2) Programs at the State and local levels that are designed 
to yield significant results, including programs to explore 
approaches to public school choice and school-based decision-
making. 
"(3) Recognition programs, which may include financial 
awards to States, local educational agencies, and schools that 
have made the greatest progress, based on the Secretary's 
determination or on a nomination by the State in which the 
school is located (or in the case of a Bureau funded school, 
by the Secretary of the Interior) in— 
"(A) improving the academic achievement of economi-
cally disadvantaged students and students from major 
racial and ethnic minority groups; and 
115 STAT. 1812 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) closing the academic achievement gap for those 
groups of students farthest away from the proficient level 
on the academic assessments administered by the State 
under section 1111. 
"(4) Scientifically based studies and evaluations of edu-
cation reform strategies and innovations, and the dissemination 
of information on the effectiveness of such strategies and 
innovations. 
"(5) Identification and recognition of exemplary schools and 
programs, such as Blue Ribbon Schools, including programs 
to evaluate the effectiveness of using the best practices of 
exemplary or Blue Ribbon Schools to improve academic achieve-
ment. 
"(6) Activities to support Scholar-Athlete Games programs, 
including the World Scholar-Athlete Games and the U.S. 
Scholar-Athlete Games. 
"(7) Programs to promote voter participation in American 
elections through programs, such as the National Student/ 
Parent Mock Election and Kids Voting USA. 
"(8) Demonstrations relating to the planning and evaluation 
of the effectiveness of programs under which local educational 
agencies or schools contract with private management organiza-
tions to reform a school or schools. 
"(9) Other programs that meet the purposes of this Act. 
"(c) BASIS OF AWARDS.—The Secretary is authorized to— 
"(1) make awards under this subpart on the basis of com-
petitions announced by the Secretary; and 
"(2) support meritorious unsolicited proposals for awards 
under this subpart. 
"(d) EFFECTIVENESS OF PROGRAMS.—The Secretary shall ensure 
that programs supported under this subpart are designed so that 
their effectiveness is readily ascertainable, and shall ensure that 
such effectiveness is assessed using rigorous, scientifically based 
research and evaluations. 
20 use 7243a. 
"SEC. 5412. APPLICATIONS. 
"(a) SUBMISSION.—To be eligible for an award under this sub-
part, an entity shall submit an application to the Secretary, at 
such time, in such manner, and containing such information as 
the Secretary may require. 
"(b) CONTENTS.—Each application submitted under subsection 
(a) shall— 
"(1) establish clear objectives, which are based on scientif-
ically based research, for the proposed program; and 
"(2) describe the activities the applicant will carry out 
in order to meet the objectives described in paragraph (1). 
"(c) PEER REVIEW.—The Secretary shall use a peer review 
process in reviewing applications for awards under this subpart 
and in recognizing States, local educational agencies, and schools 
under section 5411(b)(3), only if funds are used for such recognition 
programs. The Secretary may use funds appropriated under this 
subpart for the cost of such peer review. 
20 use 7243b. 
"SEC. 5413. PROGRAM REQUIREMENTS. 
"(a) EVALUATIONS.—A recipient of an award under this subpart 
shall— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1813 
"(1) evaluate the effectiveness of the program funded under 
the award in achieving the objectives stated in appHcations 
submitted under section 5412; and 
"(2) report to the Secretary such information as may be 
required to determine the effectiveness of such program, 
including evidence of progress toward meeting such objectives. 
"(b) DISSEMINATION OF EVALUATION RESULTS.—The Secretary 
shall provide for the dissemination of the evaluations of programs 
funded under this subpart by making the evaluations publicly avail-
able upon request, and shall provide public notice that the evalua-
tions are so available. 
"(c) MATCHING FUNDS.—The Secretary may require recipients 
of awards under this subpart to provide matching funds from non-
Federal sources, and shall permit the recipients to match funds 
in whole or in part with in-kind contributions. 
"(d) SPECIAL RULE FOR RECOGNITION PROGRAMS.—The applica-
tion requirements of section 5412(b), and the evaluation require-
ments of subsections (a) and (b) of this section, do not apply to 
recognition programs under section 5411(b)(3). 
"SEC. 5414. STUDIES OF NATIONAL SIGNIFICANCE. 
"(a) STUDIES.—^The Secretary shall conduct the following studies 
of national significance: 
"(1) UNHEALTHY PUBLIC SCHOOL BUILDINGS.—A study 
regarding the health and learning impacts of environmentally 
unhealthy public school buildings on students and teachers. 
The study shall include the following information: 
"(A) The characteristics of those public elementary 
school and secondary school buildings that contribute to 
unhealthy school environments. 
"(B) The health and learning impacts of environmental 
unhealthy public school buildings on students that are 
attending or that have attended such schools. 
"(C) Recommendations to Congress on how to assist 
schools that are out of compliance with Federal or State 
health and safety codes, and a cost estimate of bringing 
up environmentally unhealthy public school buildings to 
minimum Federal health and safety building standards. 
"(2) EXPOSURE TO VIOLENT ENTERTAINMENT.—A study 
regarding how exposure to violent entertainment (such as in 
movies, music, television, Internet content, video games, and 
arcade games) affects children's cognitive development and edu-
cational achievement. 
"(3) SEXUAL ABUSE IN SCHOOLS.—A study regarding the 
prevalence of sexual abuse in schools, including recommenda-
tions and legislative remedies for addressing the problem of 
sexual abuse in schools. 
"(b) COMPLETION DATE.—The studies under subsection (a) shall 
be completed not later than 18 months after the date of enactment 
of the No Child Left Behind Act of 2001. 
"(c) PUBLIC DISSEMINATION.—The Secretary shall make the 
study conducted under subsection (a)(1) available to the public 
through the Educational Resources Information Center National 
Clearinghouse for Educational Facilities of the Department. 
Public 
information. 
Notice. 
20 u s e 7243c. 
115 STAT. 1814 
PUBLIC LAW 107-110-^AN. 8, 2002 
"Subpart 2—Elementary and Secondary School 
Counseling Programs 
20 use 7245. 
"SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PRO-
GRAMS. 
"(a) GRANTS AUTHORIZED.— 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants to local educational agencies to enable such agencies 
to establish or expand elementary school and secondary school 
counseling programs that comply with the requirements of sub-
section (c)(2). 
"(2) SPECIAL CONSIDERATION.—In awarding grants under 
this section, the Secretary shall give special consideration to 
applications describing programs that— 
"(A) demonstrate the greatest need for new or addi-
tional counseling services among children in the schools 
served by the local educational agency, in part by providing 
information on current ratios of students to school coun-
selors, students to school social workers, and students to 
school psychologists; 
"(B) propose the most promising and 
innovative 
approaches for initiating or expanding school counseling; 
and 
"(C) show the greatest potential for replication and 
dissemination. 
"(3) EQUITABLE DISTRIBUTION.—In awarding grants under 
this section, the Secretary shall ensure an equitable geographic 
distribution among the regions of the United States and among 
local educational agencies located in urban, rural, and suburban 
areas. 
"(4) DURATION.—^A grant under this section shall be 
awarded for a period not to exceed 3 years. 
"(5) MAXIMUM GRANT,—^A grant awarded under this section 
shall not exceed $400,000 for any fiscal year. 
"(6) SUPPLEMENT, NOT SUPPLANT.—Funds made available 
under this section shall be used to supplement, and not sup-
plant, other Federal, State, or local funds used for providing 
school-based counseling and mental health services to students. 
"(b) APPLICATIONS.— 
"(1) IN GENERAL.—Each local educational agency desiring 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may reasonably require. 
"(2) CONTENTS.—Each application for a grant under this 
section shall— 
"(A) describe the school population to be targeted by 
the program, the particular counseling needs of such popu-
lation, and the current school counseling resources avail-
able for meeting such needs; 
"(B) describe the activities, services, and training to 
be provided by the program and the specific approaches 
to be used to meet the needs described in subparagraph 
(A); 
"(C) describe the methods to be used to evaluate the 
outcomes and effectiveness of the program; 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1815 
"(D) describe how the local educational agency will 
involve community groups, social service agencies, and 
other public and private entities in collaborative efforts 
to enhance the program and promote school-linked services 
integration; 
"(E) document that the local educational agency has 
the personnel qualified to develop, implement, and admin-
ister the program; 
"(F) describe how diverse cultural populations, if 
applicable, will be served through the program; 
"(G) assure that the funds made available under this 
subpart for any fiscal year will be used to supplement, 
and not supplant, any other Federal, State, or local funds 
used for providing school-based counseling and mental 
health services to students; and 
"(H) assure that the applicant will appoint an advisory 
board composed of interested parties, including parents, 
teachers, school administrators, counseling services pro-
viders described in subsection (c)(2)(D), and community 
leaders, to advise the local educational agency on the design 
and implementation of the program. 
"(c) USE OF FUNDS.— 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants to local educational agencies to enable the local edu-
cational agencies to initiate or expand elementary school or 
secondary school counseling programs that comply with the 
requirements of paragraph (2). 
"(2) REQUIREMENTS.—Each program funded under this sec-
tion shall— 
"(A) be comprehensive in addressing the counseling 
and educational needs of all students; 
"(B) use a developmental, preventive approach to coun-
seling; 
"(C) increase the range, availability, quantity, and 
quality of counseling services in the elementary schools 
and secondary schools of the local educational agency; 
"(D) expand counseling services through qualified 
school counselors, school social workers, school psycholo-
gists, other qualified psychologists, or child and adolescent 
psychiatrists; 
"(E) use innovative approaches to increase children's 
understanding of peer and family relationships, work and 
self, decisionmaking, or academic and career planning, or 
to improve peer interaction; 
"(F) provide counseling services in settings that meet 
the range of student needs; 
"(G) include in-service training appropriate to the 
activities funded under this Act for teachers, instructional 
staff, and appropriate school personnel, including in-service 
training in appropriate identification and early intervention 
techniques by school counselors, school social workers, 
school psychologists, other qualified psychologists, and child 
and adolescent psychiatrists; 
"(H) involve parents of participating students in the 
design, implementation, and evaluation of the counseling 
program; 
115 STAT. 1816 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(I) involve community groups, social service agencies, 
or other public or private entities in collaborative efforts 
to enhance the program and promote school-linked integra-
tion of services; 
"(J) evaluate annually the effectiveness and outcomes 
of the counseling services and activities assisted under 
this section; 
"(K) ensure a team approach to school counseling in 
the schools served by the local educational agency by 
working toward ratios recommended by the American 
School Health Association of one school counselor to 250 
students, one school social worker to 800 students, and 
one school psychologist to 1,000 students; and 
"(L) ensure that school counselors, school psychologists, 
other qualified psychologists, school social workers, or child 
and adolescent psychiatrists paid from funds made avail-
able under this section spend a majority of their time 
counseling students or in other activities directly related 
to the counseling process. 
"(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 
4 percent of the amounts made available under this section for 
any fiscal year may be used for administrative costs to carry out 
this section. 
"(e) DEFINITIONS.—For the purpose of this section— 
"(1) the term 'child and adolescent psychiatrist' means an 
individual who— 
"(A) possesses State medical licensure; and 
"(B) has completed residency training programs in both 
general psychiatry and child and adolescent psychiatry; 
"(2) the term 'other qualified psychologist' means an indi-
vidual who has demonstrated competence in counseling children 
in a school setting and who— 
"(A) is licensed in psychology by the State in which 
the individual works; and 
"(B) practices in the scope of the individual's education, 
training, and experience with children in school settings; 
"(3) the term 'school counselor' means an individual who 
has documented competence in counseling children and adoles-
cents in a school setting and who— 
"(A) is licensed by the State or certified by an inde-
pendent professional regulatory authority; 
"(B) in the absence of such State licensure or certifi-
cation, possesses national certification in school counseling 
or a specialty of counseling granted by an independent 
professional organization; or 
"(C) holds a minimum of a master's degree in school 
counseling from a program accredited by the Council for 
Accreditation of Counseling and Related Educational Pro-
grams or the equivalent; 
"(4) the term 'school psychologist' means an individual 
who— 
"(A) has completed a minimum of 60 graduate semester 
hours in school psychology from an institution of higher 
education and has completed 1,200 clock hours in a super-
vised school psychology internship, of which 600 hours 
are in the school setting; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1817 
"(B) is licensed or certified in school psychology by 
the State in which the individual works; or 
"(C) in the absence of such State licensure or certifi-
cation, possesses national certification by the National 
School Psychology Certification Board; and 
"(5) the term 'school social worker' means an individual 
who— 
"(A) holds a master's degree in social work from a 
program accredited by the Council on Social Work Edu-
cation; and 
"(B)(i) is licensed or certified by the State in which 
services are provided; or 
"(ii) in the absence of such State licensure or certifi-
cation, possesses a national credential or certification as 
a school social work specialist granted by an independent 
professional organization. 
"(f) REPORT.—Not later than 2 years after assistance is made Deadline, 
available to local educational agencies under subsection (c), the 
Secretary shall make publicly available a report— 
"(1) evaluating the programs assisted pursuant to each 
grant under this subpart; and 
"(2) outlining the information from local educational agen-
cies regarding the ratios of students to— 
"(A) school counselors; 
"(B) school social workers; and 
"(C) school psychologists. 
"(g) SPECIAL RULE.— 
"(1) AMOUNT EQUALS OR EXCEEDS $40,000,000.—If the amount 
of funds made available by the Secretary for this subpart equals 
or exceeds $40,000,000, the Secretary shall award not less 
than $40,000,000 in grants to local educational agencies to 
enable the agencies to establish or expand counseling programs 
in elementary schools. 
"(2) AMOUNT LESS THAN $40,000,000.—If the amount of funds 
made available by the Secretary for this subpart is less than 
$40,000,000, the Secretary shall award grants to local edu-
cational agencies only to establish or expand counseling pro-
grams in elementary schools. 
"Subpart 3—Partnerships in Character Education 
"SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. 
20 USC 7247. 
"(a) PROGRAM AUTHORIZED.— 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants to eligible entities for the design and implementation 
of character education programs that— 
"(A) are able to be integrated into classroom instruction 
and to be consistent with State academic content standards; 
and 
"(B) are able to be carried out in conjunction with 
other educational reform efforts. 
"(2) ELIGIBLE ENTITY.—In this section, the term 'eligible 
entity' means— 
"(A) a State educational agency in partnership with— 
"(i) one or more local educational agencies; or 
"(ii) one or more— 
"(I) local educational agencies; and 
89-194 O - 03 - 27 QL 3 Part 2 
115 STAT. 1818 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(11) 
nonprofit 
organizations 
or entities, 
including an institution of higher education; 
"(B) a local educational agency or consortium of local 
educational agencies; or 
"(C) a local educational agency in partnership with 
one or more nonprofit organizations or entities, including 
an institution of higher education. 
"(3) DURATION.—Each grant under this section shall be 
awarded for a period not to exceed 5 years, of which the 
eligible entity may not use more than 1 year for planning 
and program design. 
"(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGEN-
CIES.—Subject to the availability of appropriations, the amount 
of a grant made by the Secretary to a State educational agency 
under this section shall not be less than $500,000 if the State 
educational agency— 
"(A) is in a partnership described in paragraph (2)(A); 
and 
"(B) meets such requirements as the Secretary may 
establish under this section. 
"(b) CONTRACTS UNDER PROGRAM.— 
"(1) EVALUATION.—Each eligible entity awarded a grant 
under this section may contract with outside sources, including 
institutions of higher education and private and nonprofit 
organizations, for the purposes of— 
"(A) evaluating the program for which the assistance 
is made available; 
"(B) measuring the integration of such program into 
the curriculum and teaching methods of schools where 
the program is carried out; and 
"(C) measuring the success of such program in fostering 
the elements of character selected by the recipient under 
subsection (c). 
"(2) MATERIALS AND PROGRAM DEVELOPMENT.—Each eligible 
entity awarded a grant under this section may contract with 
outside sources, including institutions of higher education and 
private and nonprofit organizations, for assistance in— 
"(A) developing secular curricula, materials, teacher 
training, and other activities related to character education; 
and 
"(B) integrating secular character education into the 
curricula and teaching methods of schools where the pro-
gram is carried out. 
"(c) ELEMENTS OF CHARACTER.— 
"(1) SELECTION.— 
"(A) IN GENERAL.—Each eligible entity awarded a grant 
under this section may select the elements of character 
that will be taught under the program for which the grant 
was awarded. 
"(B) CONSIDERATION OF VIEWS.—In selecting elements 
of character under subparagraph (A), the eligible entity 
shall consider the views of the parents of the students 
to be taught under the program and the views of the 
students. 
"(2) EXAMPLE ELEMENTS.—Elements of character selected 
under this subsection may include any of the following: 
"(A) Caring. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1819 
"(B) Civic virtue and citizenship. 
"(C) Justice and fairness. 
"(D) Respect. 
"(E) Responsibility. 
"(F*) Trustworthiness. 
"(G) Giving. 
"(H) Any other elements deemed appropriate by the 
eligible entity. 
"(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPI-
ENTS.—Of the total funds received in any fiscal year under this 
section by an eligible entity that is a State educational agency— 
"(1) not more than 3 percent of such funds may be used 
for administrative purposes; and 
"(2) the remainder of such funds may be used for— 
"(A) collaborative initiatives with and between local 
educational agencies and schools; 
"(B) the preparation or purchase of materials, and 
teacher training; 
"(C) providing assistance to local educational agencies, 
schools, or institutions of higher education; and 
"(D) technical assistance and evaluation. 
"(e) APPLICATION.— 
"(1) IN GENERAL.—Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require. 
"(2) REQUIRED INFORMATION.—Each application for a grant 
under this section shall include (together with any other 
information that the Secretary may require) information that— 
"(A) demonstrates that the program for which the grant 
is sought has clear objectives that are based on scientifically 
based research; 
"(B) describes any partnerships or collaborative efforts 
among the organizations and entities of the eligible entity; 
"(C) describes the activities that will be carried out 
with the grant funds and how such activities will meet 
the objectives described in subparagraph (A), including— 
"(i) how parents, students, students with disabil-
ities (including those with mental or physical disabil-
ities), and other members of the community, including 
members of private and nonprofit organizations, will 
be involved in the design and implementation of the 
program and how the eligible entity will work with 
the larger community to increase the reach and 
promise of the program; 
"(ii) curriculum and instructional practices that 
will be used or developed; and 
"(iii) methods of teacher training and parent edu-
cation that will be used or developed; 
"(D) describes how the program for which the grant 
is sought will be linked to other efforts to improve academic 
achievement, including— 
"(i) broader educational reforms that are being 
instituted by the eligible entity or its partners; and 
"(ii) State academic content standards; 
"(E) in the case of an eligible entity that is a State 
educational agency, describes how the State educational 
agency— 
115 STAT. 1820 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(i) will provide technical and professional assist-
ance to its local educational agency partners in the 
development and implementation of character edu-
cation programs; and 
"(ii) will assist other interested local educational 
agencies that are not members of the original partner-
ship in designing and establishing character education 
programs; 
"(F) describes how the eligible entity will evaluate the 
success of its program— 
"(i) based on the objectives described in subpara-
graph (A); and 
"(ii) in cooperation with any national evaluation 
conducted pursuant to subsection (h)(2)(B)(iii); and 
"(G) assures that the eligible entity annually will pro-
vide to the Secretary such information as may be required 
to determine the effectiveness of the program. 
"(f) SELECTION OF RECIPIENTS.— 
"(1) PEER REVIEW.— 
"(A) IN GENERAL.—In selecting eligible entities to 
receive grants under this section from among the applicants 
for such grants, the Secretary shall use a peer review 
process that includes the participation of experts in the 
field of character education and development. 
"(B) USE OF FUNDS.—The Secretary may use funds 
appropriated under this section for the cost of carrying 
out peer reviews under this paragraph. 
"(2) SELECTION CRITERIA.—Each selection under paragraph 
(1) shall be made on the basis of the quality of the application 
submitted, taking into consideration such factors as— 
"(A) the extent to which the program fosters character 
in students and the potential for improved student aca-
demic achievement; 
"(B) the extent and ongoing nature of parental, student, 
and community involvement; 
"(C) the quality of the plan for measuring and assessing 
success; and 
"(D) the likelihood that the objectives of the program 
will be achieved. 
"(3) EQUITABLE DISTRIBUTION.—In making selections under 
this subsection, the Secretary shall ensure, to the extent prac-
ticable under paragraph (2), that the programs assisted under 
this section are equitably distributed among the geographic 
regions of the United States, and among urban, suburban, 
and rural areas. 
"(g) 
PARTICIPATION 
BY 
PRIVATE 
SCHOOL 
CHILDREN 
AND 
TEACHERS.—Each eligible entity that receives a grant under this 
section shall provide, to the extent feasible and appropriate, for 
the participation in programs and activities under this section of 
students and teachers in private elementary schools and secondary 
schools. 
"(h) EVALUATION AND PROGRAM DEVELOPMENT.— 
"(1) STATE AND LOCAL REPORTING AND EVALUATION.—Each 
eligible entity receiving a grant under this section shall submit 
to the Secretary a comprehensive evaluation of the program 
assisted under this section, including its impact on students. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1821 
students with disabilities (including those with mental or phys-
ical disabilities), teachers, administrators, parents, and others— 
"(A) by the end of the second year of the program; 
and 
"(B) not later than 1 year after completion of the grant Deadline. 
period. 
"(2) 
NATIONAL RESEARCH, DISSEMINATION, AND EVALUA-
TION.— 
"(A) IN GENERAL.— 
"(i) AUTHORIZATION.—The Secretary is authorized 
to award grants to, or enter into contracts or coopera-
tive agreements with, State educational agencies or 
local educational agencies, institutions of higher edu-
cation, tribal organizations, or other public or private 
agencies or organizations to carry out research, 
development, dissemination, technical assistance, and 
evaluation activities that support or inform State and 
local character education programs. 
"(ii) RESERVATION OF FUNDS.—The Secretary shall 
reserve not more than 5 percent of the funds made 
available under this section to carry out this para-
graph. 
"(B) USES.—Funds made available under subparagraph 
(A) may be used for the following: 
"(i) Conducting research and development activi-
ties that focus on matters such as— 
"(I) the extent to which schools are under-
taking character education initiatives; 
"(II) the effectiveness of instructional models 
for all students, including students with disabil-
ities (including those with mental or physical 
disabilities); 
"(III) materials and curricula for use by pro-
grams in character education; 
"(IV) models of professional development in 
character education; 
"(V) the development of measures of effective-
ness for character education programs (which may 
include the factors described in paragraph (3)); 
and 
"(VI) the effectiveness of State and local pro-
grams receiving funds under this section, 
"(ii Providing technical assistance to State and 
local programs, particularly on matters of program 
evaluation. 
"(iii) Conducting evaluations of State and local 
programs receiving funding under this section, that 
may be conducted through a national clearinghouse 
under clause (iv). 
"(iv) Compiling and disseminating, through a 
national clearinghouse or other means— 
"(I) information on model character education 
programs; 
"(II) information about high quality character 
education materials and curricula; 
"(III) research findings in the area of character 
education and character development; and 
115 STAT. 1822 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(IV) any other information that will be useful 
to 
character 
education 
program 
participants 
nationwide, including educators, parents, and 
administrators. 
"(C) PARTNERSHIPS.—In carrying out national activities 
under this paragraph, the Secretary may enter into part-
nerships with national nonprofit 
character 
education 
organizations and institutions of higher education with 
expertise and successful experience in implementing— 
"(i) character education programs that had an 
effective impact on schools, students, students with 
disabilities (including those with mental or physical 
disabilities), and teachers; or 
"(ii) character education program evaluation and 
research. 
"(D) 
PARTNERSHIP FOR ACTIVITIES UNDER SUBPARA-
GRAPH (B)(iv).—In carrying out national activities under 
subparagraph (B)(iv), the Secretary may enter into a part-
nership with a national nonprofit character education 
organization that will disseminate information to edu-
cators, parents, administrators, and others nationwide, 
including information about the range of model character 
education programs, materials, and curricula. 
"(E) REPORT.—Each entity awarded a grant or entering 
into a contract or cooperative agreement under this para-
graph shall submit an annual report to the Secretary that— 
"(i) describes the entity's progress in carrying out 
research, development, dissemination, evaluation, and 
technical assistance under this paragraph; 
"(ii) identifies unmet and future information needs 
in the field of character education; and 
"(iii) if applicable, describes the progress of the 
entity in carrying out the requirements of subpara-
graph (B)(iv), including a listing of— 
"(I) the number of requests for information 
received by the entity in the course of carrying 
out such requirements; 
"(II) the types of organizations making such 
requests; and 
"(III) the t5^es of information requested. 
"(3) FACTORS.—Factors that may be considered in evalu-
ating the success of programs funded under this section include 
the following: 
"(A) Discipline issues. 
"(B) Student academic achievement. 
"(C) Participation in extracurricular activities. 
"(D) Parental and community involvement. 
"(E) Faculty and administration involvement. 
"(F) Student and staff morale. 
"(G) Overall improvements in school climate for all 
students, including students with disabilities (including 
those with mental or physical disabilities), 
"(i) PERMISSIVE MATCH.— 
"(1) IN GENERAL.—The Secretary may require eligible enti-
ties to match funds awarded under this section with non-
Federal funds, except that the amount of the match may not 
exceed the amount of the grant award. 
••g^^fy 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1823 
"(2) SLIDING SCALE.—The amount of a match under para-
graph (1) shall be established based on a sliding scale that 
takes into account— 
"(A) the poverty of the population to be targeted by 
the eligible entity; and 
"(B) the ability of the eligible entity to obtain funding 
for the match. 
"(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit 
eligible entities to match funds in whole or in part with in-
kind contributions. 
"(4) CONSIDERATION.—Notwithstanding this subsection, the 
Secretary in making awards under this section shall not con-
sider the ability of an eligible entity to match funds. 
"Subpart 4—Smaller Learning Communities 
"SEC. 5441. SMALLER LEARNING COMMUNITIES. 
20 USC 7249. 
"(a) GRANT AUTHORITY.—The Secretary is authorized to award 
grants to local educational agencies to enable the agencies to create 
a smaller learning community or communities. 
"(b) APPLICATION.—Each local educational agency desiring a 
grant under this subpart shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by such 
information as the Secretary may require. The application shall 
include descriptions of the following: 
"(1) Strategies and methods the local educational agency 
will use to create the smaller learning community or commu-
nities. 
"(2) Curriculum and instructional practices, including any 
particular themes or emphases, to be used in the smaller 
learning environment. 
"(3) The extent of involvement of teachers and other school 
personnel in investigating, designing, implementing, and sus-
taining the smaller learning community or communities. 
"(4) The process to be used for involving students, parents, 
and other stakeholders in the development and implementation 
of the smaller learning community or communities. 
"(5) Any cooperation or collaboration among community 
agencies, organizations, businesses, and others to develop or 
implement a plan to create the smaller learning community 
or communities. 
"(6) The training and professional development activities 
that will be offered to teachers and others involved in the 
activities assisted under this subpart. 
"(7) The objectives of the activities assisted under this 
subpart, including a description of how such activities will 
better enable all students to reach challenging State academic 
content standards and State student academic achievement 
standards. 
"(8) The methods by which the local educational agency 
will assess progress in meeting the objectives described in para-
graph (7). 
"(9) If the smaller learning community or communities 
exist as a school-within-a-school, the relationship, including 
governance and administration, of the smaller learning commu-
nity to the remainder of the school. 
115 STAT. 1824 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(10) The administrative and managerial 
relationship 
between the local educational agency and the smaller learning 
community or communities, including how such agency will 
demonstrate a commitment to the continuity of the smaller 
learning community or communities (including the continuity 
of student and teacher assignment to a particular learning 
community). 
"(11) How the local educational agency will coordinate or 
use funds provided under this subpart with other funds pro-
vided under this Act or other Federal laws. 
"(12) The grade levels or ages of students who will partici-
pate in the smaller learning community or communities. 
"(13) The method of placing students in the smaller 
learning community or communities, such that students are 
not placed according to ability or any other measure, but are 
placed at random or by their own choice, and not pursuant 
to testing or other judgments. 
"(c) AUTHORIZED ACTIVITIES.—Funds under this section may 
be used for one or more of the following: 
"(1) To study— 
"(A) the feasibility of creating the smaller learning 
community or communities; and 
"(B) effective 
and 
innovative 
organizational 
and 
instructional strategies that will be used in the smaller 
learning community or communities. 
"(2) To research, develop, and implement— 
"(A) strategies for creating the smaller 
learning 
community or communities; and 
"(B) strategies for effective and innovative changes in 
curriculum and instruction, geared to challenging State 
academic content standards and State student academic 
achievement standards. 
"(3) To provide professional development for school staff 
in innovative teaching methods that— 
"(A) challenge and engage students; and 
"(B) will be used in the smaller learning community 
or communities. 
"(4) To develop and implement strategies to include par-
ents, business representatives, local institutions of higher edu-
cation, community-based organizations, and other community 
members in the smaller learning communities as facilitators 
of activities that enable teachers to participate in professional 
development activities and provide links between students and 
their community. 
"Subpart 5—Reading Is Fundamental— 
Inexpensive Book Distribution Program 
20 use 7251. 
"SEC. 5451. INEXPENSIVE 
BOOK DISTRIBUTION 
PROGRAM 
FOR 
READING MOTIVATION. 
"(a) PURPOSE.—The purpose of this subpart is to establish 
and implement a model partnership between a governmental entity 
and a private entity, to help prepare young children for reading 
and to motivate older children to read, through the distribution 
of inexpensive books. Local reading motivation programs assisted 
under this section shall use such assistance to provide books, 
training for volunteers, motivational activities, and other essential 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1825 
literacy resources and shall assign the highest priority to serving 
the youngest and neediest children in the United States. 
"(b) AUTHORIZATION.—The Secretary is authorized to enter into Contracts. 
a contract with Reading Is Fundamental (RIF) (hereafter in this 
section referred to as the 'contractor') to support and promote pro-
grams, which include the distribution of inexpensive books to young 
and school-age children, that motivate children to read. 
"(c) REQUIREMENTS OF CONTRACT.—^Any contract entered into 
under subsection (b) shall contain each of the following: 
"(1) A provision that the contractor will enter into sub-
contracts with local private nonprofit groups or organizations, 
or with public agencies, under which each subcontractor will 
agree to establish, operate, and provide the non-Federal share 
of the cost of reading motivation programs that include the 
distribution of books, by gift (to the extent feasible) or by 
loan, to children from birth through secondary school age, 
including children in family literacy programs. 
"(2) A provision that funds made available to subcontractors 
will be used only to pay the Federal share of the cost of 
such programs. 
"(3) A provision that, in selecting subcontractors for initial 
funding, the contractor will give priority to programs that will 
serve a substantial number or percentage of children with 
special needs, such as the following: 
"(A) Low-income children, particularly in high-poverty 
areas. 
"(B) Children at risk of school failure. 
"(C) Children with disabilities. 
"(D) Foster children. 
"(E) Homeless children. 
"(F) Migrant children, 
ildren without access to libraries. 
"(H) Institutionalized or incarcerated children. 
"(I) Children whose parents are institutionalized or 
incarcerated. 
"(4) A provision that the contractor will provide such 
training and technical assistance to subcontractors as may be 
necessary to carry out the purpose of this subpart. 
"(5) A provision that the contractor will annually report 
to the Secretary the number, and a description, of programs 
funded under paragraph (3). 
"(6) Such other terms and conditions as the Secretary deter-
mines to be appropriate to ensure the effectiveness of such 
programs. 
"(d) RESTRICTION ON PAYMENTS.—The Secretary shall make 
no payment of the Federal share of the cost of acquiring and 
distributing books under any contract under this section unless 
the Secretary determines that the contractor or subcontractor, as 
the case may be, has made arrangements with book publishers 
or distributors to obtain books at discounts at least as favorable 
as discounts that are customarily given by such publisher or dis-
tributor for book purchases made under similar circumstances in 
the absence of Federal assistance. 
"(e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS.— 
"(1) FUNDS FROM OTHER FEDERAL SOURCES.—Subcontrac-
tors operating programs under this section in low-income 
115 STAT. 1826 
PUBLIC LAW 107-110-^AN. 8, 2002 
Jacob K Javits 
Gifted and 
Talented 
Students 
Education Act of 
2001. 
20 u s e 7253. 
20 u s e 7253a. 
20 u s e 7253b. 
20 u s e 7253c. 
communities with a substantial number or percentage of chil-
dren with special needs, as described in subsection (c)(3), may 
use funds from other Federal sources to pay the non-Federal 
share of the cost of the program, if those funds do not comprise 
more than 50 percent of the non-Federal share of the funds 
used for the cost of acquiring and distributing books. 
"(2) WAIVER AUTHORITY.—Notwithstanding subsection (c), 
the contractor may waive, in whole or in part, the requirement 
in subsection (c)(1) for a subcontractor, if the subcontractor 
demonstrates that it would otherwise not be able to participate 
in the program, and enters into an agreement with the con-
tractor with respect to the amount of the non-Federal share 
to which the waiver will apply. In a case in which such a 
waiver is granted, the requirement in subsection (c)(2) shall 
not apply. 
"(f) MULTI-YEAR CONTRACTS.—The contractor may enter into 
a multi-year subcontract under this section, if— 
"(1) the contractor believes that such subcontract will pro-
vide the subcontractor with additional leverage in seeking local 
commitments; and 
"(2) the subcontract does not undermine the finances of 
the national program. 
"(g) FEDERAL SHARE DEFINED.—In this section, the term 'Fed-
eral share' means, with respect to the cost to a subcontractor 
of purchasing books to be paid for under this section, 75 percent 
of such costs to the subcontractor, except that the Federal share 
for programs serving children of migrant or seasonal farmworkers 
shall be 100 percent of such costs to the subcontractor. 
"Subpart 6—Gifted and Talented Students 
"SEC. 5461. SHORT TITLE. 
"This subpart may be cited as the 'Jacob K. Javits Gifted 
and Talented Students Education Act of 2001'. 
"SEC. 5462. PURPOSE. 
"The purpose of this subpart is to initiate a coordinated program 
of scientifically based research, demonstration projects, innovative 
strategies, and similar activities designed to build and enhance 
the ability of elementary schools and secondary schools nationwide 
to meet the special educational needs of gifted and talented stu-
dents. 
"SEC. 5463. RULE OF CONSTRUCTION. 
Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving gifted and tal-
ented students simultaneously with students with similar edu-
cational needs, in the same educational settings, where appropriate. 
"SEC. 5464. AUTHORIZED PROGRAMS. 
"(a) ESTABLISHMENT OF PROGRAM.— 
"(1) IN GENERAL.—The Secretary (after consultation with 
experts in the field of the education of gifted and talented 
students) is authorized to make grants to, or enter into con-
tracts with. State educational agencies, local educational agen-
cies, institutions of higher education, other public agencies, 
and other private agencies and organizations (including Indian 
tribes and Indian organizations (as such terms are defined 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1827 
in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b)) and Native Hawaiian organiza-
tions) to assist such agencies, institutions, and organizations 
in carrying out programs or projects authorized by this subpart 
that are designed to meet the educational needs of gifted and 
talented students, including the training of personnel in the 
education of gifted and talented students and in the use, where 
appropriate, of gifted and talented services, materials, and 
methods for all students. 
"(2) APPLICATION.—^Each entity seeking assistance under 
this subpart shall submit an application to the Secretary at 
such time, in such manner, and containing such information 
as the Secretary may reasonably require. Each such application 
shall describe how— 
"(A) the proposed gifted and talented services, mate-
rials, and methods can be adapted, if appropriate, for use 
by all students; and 
"(B) the proposed programs can be evaluated. 
"(b) USE OF FUNDS.—Programs and projects assisted under 
this section may include each of the following: 
"(1) Conducting— 
"(A) scientifically based research on methods and tech-
niques for identifying and teaching gifted and talented 
students and for using gifted and talented programs and 
methods to serve all students; and 
"(B) program evaluations, surveys, and the collection, 
analysis, and development of information needed to accom-
plish the purpose of this subpart. 
"(2) Carrying out professional development (including 
fellowships) for personnel (including leadership personnel) 
involved in the education of gifted and talented students. 
"(3) Establishing and operating model projects and exem-
plary programs for serving gifted and talented students, 
including innovative methods for identifying and educating stu-
dents who may not be served by traditional gifted and talented 
programs (such as summer programs, mentoring programs, 
service learning programs, and cooperative programs involving 
business, industry, and education). 
"(4) Implementing innovative strategies, such as coopera-
tive learning, peer tutoring, and service learning. 
"(5) Carrying out programs of technical assistance and 
information dissemination, including assistance and informa-
tion with respect to how gifted and talented programs and 
methods, where appropriate, may be adapted for use by all 
students. 
"(6) Making materials and services available through State 
regional educational service centers, institutions of higher edu-
cation, or other entities. 
"(7) Providing funds for challenging, high-level course work, 
disseminated 
through 
technologies 
(including 
distance 
learning), for individual students or groups of students in 
schools and local educational agencies that would not otherwise 
have the resources to provide such course work. 
"(c) SPECIAL RULE.—To the extent that funds appropriated to 
carry out this subpart for a fiscal year beginning with fiscal year 
2002 exceed such funds appropriated for fiscal year 2001, the Sec-
retary shall use such excess funds to award grants, on a competitive 
115 STAT. 1828 
PUBLIC LAW 107-110—JAN. 8, 2002 
20 u s e 7253d. 
20 u s e 7253e. 
basis, to State educational agencies, local educational agencies, 
or both, to implement activities described in subsection (b). 
"(d) CENTER FOR RESEARCH AND DEVELOPMENT.— 
"(1) IN GENERAL.—The Secretary (after consultation with 
experts in the field of the education of gifted and talented 
students) shall establish a National Research Center for the 
Education of Gifted and Talented Children and Youth through 
grants to, or contracts with, one or more institutions of higher 
education or State educational agencies, or a combination or 
consortium of such institutions and agencies and other public 
or private agencies and organizations, for the purpose of car-
rying out activities described in subsection (b). 
"(2) DIRECTOR.—The National Center shall be headed by 
a Director. The Secretary may authorize the Director to carry 
out such functions of the National Center as may be agreed 
upon through arrangements with institutions of higher edu-
cation, State educational agencies, local educational agencies, 
or other public or private agencies and organizations. 
"(3) FUNDING.—The Secretary may use not more than 30 
percent of the funds made available under this subpart for 
fiscal year 2001 to carry out this subsection. 
"(e) COORDINATION.—Scientifically based research activities 
supported under this subpart— 
"(1) shall be carried out in consultation with the Office 
of Educational Research and Improvement to ensure that such 
activities are coordinated with and enhance the research and 
development activities supported by such Office; and 
"(2) may include collaborative scientifically based research 
activities which are jointly funded and carried out with such 
Office. 
"SEC. 5465. PROGRAM PRIORITIES. 
"(a) GENERAL PRIORITY.—In carrying out this subpart, the Sec-
retary shall give highest priority to programs and projects designed 
to develop new information that— 
"(1) improves the capability of schools to plan, conduct, 
and improve programs to identify and serve gifted and talented 
students; and 
"(2) assists schools in the identification of, and provision 
of services to, gifted and talented students (including economi-
cally disadvantaged 
individuals, individuals with 
limited 
English proficiency, and individuals with disabilities) who may 
not be identified and served through traditional assessment 
methods. 
"(b) SERVICE PRIORITY.—The Secretary shall ensure that not 
less than 50 percent of the applications approved under section 
5464(a)(2) in a fiscal year address the priority described in sub-
section (a)(2). 
"SEC. 5466. GENERAL PROVISIONS. 
"(a) 
PARTICIPATION 
OF 
PRIVATE 
SCHOOL 
CHILDREN 
AND 
TEACHERS.—In making grants and entering into contracts under 
this subpart, the Secretary shall ensure, where appropriate, that 
provision is made for the equitable participation of students and 
teachers in private nonprofit elementary schools and secondary 
schools, including the participation of teachers and other personnel 
in professional development programs serving such students. 
'''3^^'m-' 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1829 
"(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary 
shall— 
"(1) use a peer review process in reviewing applications 
under this subpart; 
"(2) ensure that information on the activities and results 
of programs and projects funded under this subpart is dissemi-
nated to appropriate State educational agencies, local edu-
cational 
agencies, 
and 
other 
appropriate 
organizations, 
including nonprofit private organizations; and 
"(3) evaluate the effectiveness of programs under this sub- Deadline. 
part in accordance with section 9601, in terms of the impact 
on students traditionally served in separate gifted and talented 
programs and on other students, and submit the results of 
such evaluation to Congress not later than 2 years after the 
date of enactment of the No Child Left Behind Act of 2001. 
"(c) PROGRAM OPERATIONS.—The Secretary shall ensure that 
the programs under this subpart are administered within the 
Department by a person who has recognized professional qualifica-
tions and experience in the field of the education of gifted and 
talented students and who shall— 
"(1) administer and coordinate the programs authorized 
under this subpart; 
"(2) serve as a focal point of national leadership and 
information on the educational needs of gifted and talented 
students and the availability of educational services and pro-
grams designed to meet such needs; 
"(3) assist the Assistant Secretary for Educational Research 
and Improvement in identifying research priorities that reflect 
the needs of gifted and talented students; and 
"(4) shall disseminate, and consult on, the information 
developed under this subpart with other offices within the 
Department. 
"Subpart 7—Star Schools Program 
star Schools Act. 
'•SEC. 5471. SHORT TITLE. 
"This subpart may be cited as the 'Star Schools Act'. 
"SEC. 5472. PURPOSES. 
"The purposes of this subpart are the following: 
"(1) To encourage improved instruction in mathematics, 
science, and foreign languages as well as other subjects (such 
as literacy skills and vocational education). 
"(2) To serve underserved populations, including disadvan-
taged, illiterate, limited English proficient populations, and 
individuals with disabilities through a Star Schools program 
under which grants are made to eligible telecommunication 
partnerships to enable such partnerships— 
"(A) to develop, construct, acquire, maintain, and 
operate telecommunications audio and visual facilities and 
equipment; 
"(B) to develop and acquire educational and instruc-
tional programming; and 
"(C) to obtain technical assistance for the use of such 
facilities and instructional programming. 
20 u s e 7255. 
20 u s e 7255a. 
115 STAT. 1830 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 7255b. 
"SEC. 5473. GRANT PROGRAM AUTHORIZED. 
"(a) AUTHORIZATION.—The Secretary, in conjunction with the 
Office of Educational Technology, is authorized to make grants, 
in accordance with the provisions of this subpart, to eligible entities 
to pay the Federal share of the cost of the following: 
"(1) Development, construction, acquisition, maintenance, 
and operation of telecommunications facilities and equipment. 
"(2) Development and acquisition of live, interactive 
instructional programming. 
"(3) Development and acquisition of preservice and 
inservice teacher training programs based on established 
research regarding teacher-to-teacher mentoring, and ongoing, 
in-class instruction. 
"(4) Establishment 
of teleconferencing 
facilities and 
resources for making interactive training available to teachers. 
"(5) Obtaining technical assistance. 
"(6) Coordination of the design and connectivity of tele-
communications networks to reach the greatest number of 
schools. 
"(b) DURATION AND AMOUNT.— 
"(1) IN GENERAL.—^A grant under this section may not 
exceed— 
"(A) 5 years in duration (subject to subsection (c)); 
and 
"(B) $10,000,000 in any single fiscal year. 
"(c) RENEWAL.— 
"(1) IN GENERAL.—Grants awarded under subsection (a) 
may be renewed for a single additional period of 3 years. 
"(2) CONTINUING ELIGIBILITY.—In order to be eligible to 
receive a grant renewal under this subsection, a grant recipient 
shall demonstrate, to the satisfaction of the Secretary, in an 
addendum to its application submitted under section 5474, 
that the grant recipient will— 
"(A) continue to provide services in the subject areas 
and geographic areas assisted with funds received under 
this subpart for the previous grant period; and 
"(B) use all grant funds received under this subpart 
for the 3 year renewal period to provide expanded services 
b y -
"(i) increasing the number of students, schools, 
or school districts served by the courses of instruction 
assisted under this part in the previous fiscal year; 
"(ii) providing new courses of instruction; and 
"(iii) serving new populations of underserved 
individuals, such as children or adults who are dis-
advantaged, have limited English proficiency, are 
individuals with disabilities, are illiterate, or lack sec-
ondary school diplomas or their recognized equivalent. 
"(3) SUPPLEMENT, NOT SUPPLANT.—Grant funds received 
under this subsection shall be used to supplement, and not 
supplant, services provided by the grant recipient under this 
subpart in the previous fiscal year. 
"(d) RESERVATIONS.— 
"(1) INSTRUCTIONAL PROGRAMMING.—^At least 25 percent 
of the funds made available to the Secretary for any fiscal 
year under this subpart shall be used for the cost of instruc-
tional programming. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1831 
"(2) LOCAL EDUCATIONAL AGENCY ASSISTANCE.—At least 50 
percent of the funds available in any fiscal year under this 
subpart shall be used for the cost of facilities, equipment, 
teacher training or retraining, technical assistance, or program-
ming, for local educational agencies that are eligible to receive 
assistance under part A of title L 
"(e) FEDERAL SHARE.— 
"(1) AMOUNT.—The Federal share of the cost of projects 
funded under this section shall not exceed the following 
amounts: 
"(A) 75 percent for the first and second years for which 
an eligible telecommunications partnership receives a grant 
under this subpart. 
"(B) 60 percent for the third and fourth such years. 
"(C) 50 percent for the fifth such year. 
"(2) REDUCTION OR WAIVER.—The Secretary may reduce 
or waive the corresponding non-Federal share under paragraph 
(1) upon a showing of financial hardship. 
"(f) 
REQUIRED LOCAL EDUCATIONAL AGENCY PARTICIPATION.— 
The Secretary is authorized to make a grant under this section 
to any eligible entity, if at least one local educational agency is 
participating in the proposed program. 
"(g) ASSISTANCE OBTAINING SATELLITE TIME.—The Secretary 
may assist recipients of grants made under this section in acquiring 
satellite time, where appropriate, as economically as possible. 
"SEC. 5474. APPLICATIONS. 
20 USC 7255c. 
"(a) SUBMISSION.—Each eligible entity that desires to receive 
a grant under section 5473 shall submit an application to the 
Secretary, at such time, in such manner, and containing or accom-
panied by such information as the Secretary may reasonably 
require. 
"(b) CONTENTS.—^Ati application submitted under subsection (a) 
shall include each of the following: 
"(1) A description of how the proposed program will assist 
all students to have an opportunity to meet challenging State 
academic achievement standards, how such program will assist 
State and local educational reform efforts, and how such pro-
gram will contribute to creating a high-quality system of edu-
cational development. 
"(2) A description of the telecommunications facilities and 
equipment and technical assistance for which assistance is 
sought, which may include— 
"(A) the design, development, construction, acquisition, 
maintenance, and operation of State or multistate edu-
cational telecommunications 
networks and 
technology 
resource centers; 
"(B) microwave, fiber optics, cable, and satellite trans-
mission equipment or any combination thereof; 
"(C) reception facilities; 
"(D) satellite time; 
"(E) production facilities; 
"(F) other telecommunications equipment capable of 
serving a wide geographic area; 
"(G) the provision of training services to instructors 
who will be using the facilities and equipment for which 
115 STAT. 1832 
PUBLIC LAW 107-110-JAN. 8, 2002 
assistance is sought, including training in using such facih-
ties and equipment and training in integrating programs 
into the classroom curriculum; and 
"(H) the development of educational and related 
programming for use on a telecommunications network. 
"(3) In the case of an application for assistance for instruc-
tional programming, a description of the types of programming 
that will be developed to enhance instruction and training 
and provide an assurance that such programming will be 
designed in consultation with professionals (including classroom 
teachers) who are experts in the applicable subject matter 
and grade level. 
"(4) A description of how the eligible entity has engaged 
in sufficient survey and analysis of the area to be served 
to ensure that the services offered by the eligible entity will 
increase the availability of courses of instruction in English, 
mathematics, science, foreign languages, arts, history, geog-
raphy, or other disciplines. 
"(5) A description of the professional development policies 
for teachers and other school personnel to be implemented 
to ensure the effective use of the telecommunications facilities 
and equipment for which assistance is sought. 
"(6) A description of the manner in which historically 
underserved students (such as students from low-income fami-
lies, limited English proficient students, students with disabil-
ities, or students who have low literacy skills) and their fami-
lies, will participate in the benefits of the telecommunications 
facilities, equipment, technical assistance, and programming 
assisted under this subpart. 
"(7) A description of how existing telecommunications 
equipment, facilities, and services, where available, will be 
used. 
"(8) An assurance that the financial interest of the United 
States in the telecommunications facilities and equipment will 
be protected for the useful life of such facilities and equipment. 
"(9) An assurance that a significant portion of any facilities 
and equipment, technical assistance, and programming for 
which assistance is sought for elementary schools and secondary 
schools will be made available to schools or local educational 
agencies that have a high number or percentage of children 
eligible to be counted under part A of title I. 
"(10) An assurance that the applicant will use the funds 
provided under this subpart to supplement, and not supplant, 
funds available for the purposes of this subpart. 
"(11) A description of how funds received under this subpart 
will be coordinated with funds received for educational tech-
nology in the classroom. 
"(12) A description of the activities or services for which 
assistance is sought, such as— 
"(A) providing facilities, equipment, training services, 
and technical assistance; 
"(B) making programs accessible to students with 
disabilities through mechanisms such as closed captioning 
and descriptive video services; 
"(C) linking networks around issues of national impor-
tance (such as elections) or to provide information about 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1833 
employment opportunities, job training, or student and 
other social service programs; 
"(D) sharing curriculum resources between networks 
and development of program guides which demonstrate 
cooperative, cross-network listing of programs for specific 
curriculum areas; 
"(E) providing teacher and student support services, 
including classroom and training support materials which 
permit student and teacher involvement in the live inter-
active distance learning telecasts; 
"(F) incorporating community resources, such 
as 
libraries and museums, into instructional programs; 
"(G) providing professional development for teachers, 
including, as appropriate, training to early childhood 
development and Head Start teachers and staff and voca-
tional education teachers and staff, and adult and family 
educators; 
"(H) providing programs for adults to maximize the 
use of telecommunications facilities and equipment; 
"(I) providing teacher training on proposed or estab-
lished models of exemplary academic content standards 
in mathematics and science and other disciplines as such 
standards are developed; and 
"(J) providing parent education programs during and 
after the regular school day which reinforce a student's 
course of study and actively involve parents in the learning 
process. 
"(13) A description of how the proposed program as a 
whole will be financed and how arrangements for future 
financing will be developed before the program expires. 
"(14) An assurance that a significant portion of any facili-
ties, equipment, technical assistance, and programming for 
which assistance is sought for elementary schools and secondary 
schools will be made available to schools in local educational 
agencies that have a high percentage of children counted for 
the purpose of part A of title L 
"(15) An assurance that the applicant will provide such 
information and cooperate in any evaluation that the Secretary 
may conduct under this subpart. 
"(16) Such additional assurances as the Secretary may 
reasonably require. 
"(c) APPROVAL.—In approving applications submitted under sub-
section (a) for grants under section 5473, the Secretary shall— 
"(1) to the extent feasible, ensure an equitable geographic 
distribution of services provided imder this subpart. 
"(2) give priority to applications describing programs that— 
"(A) propose high-quality plans, will provide instruction 
consistent with State academic content standards, or will 
otherwise provide significant and specific assistance to 
States and local educational agencies undertaking systemic 
education reform; 
"(B) will provide services to programs serving adults, 
especially parents, with low levels of literacy; 
"(C) will serve schools with significant numbers of chil-
dren counted for the purposes of part A of title I; 
"(D) ensure that the eligible entity will— 
115 STAT. 1834 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(i) serve the broadest range of institutions, pro-
grams providing instruction outside of the school set-
ting, programs serving adults, especially parents, with 
low levels of literacy, institutions of higher education, 
teacher training centers, research institutes, and pri-
vate industry; 
"(ii) have substantial academic and 
teaching 
capabilities, including the capability 
of training, 
retraining, and inservice upgrading of teaching skills 
and the capability to provide professional development; 
"(iii) provide a comprehensive range of courses for 
educators to teach instructional strategies for students 
with different skill levels; 
"(iv) provide training to participating educators 
in ways to integrate telecommunications courses into 
existing school curriculum; 
"(v) provide instruction for students, teachers, and 
parents; 
"(vi) serve a multistate area; and 
"(vii) give priority to the provision of equipment 
and linkages to isolated areas; and 
"(E) involve a telecommunications entity (such as a 
satellite, cable, telephone, computer, or public or private 
television stations) participating in the eligible entity and 
donating equipment or in-kind services for telecommuni-
cations linkages. 
20 use 7255d. 
"SEC. 5475. OTHER GRANT ASSISTANCE. 
"(a) SPECIAL STATEWIDE NETWORK.— 
"(1) IN GENERAL.—The Secretary, in conjunction with the 
Office of Educational Technology, may provide assistance to 
a statewide telecommunications network if such network— 
"(A) provides 2-way full-motion interactive video and 
audio communications; 
"(B) links together public colleges and universities and 
secondary schools throughout the State; and 
"(C) meets any other requirements determined appro-
priate by the Secretary. 
"(2) MATCHING CONTRIBUTION.—^A statewide telecommuni-
cations network assisted under paragraph (1) shall contribute, 
either directly or through private contributions, non-Federal 
funds equal to not less than 50 percent of the cost of such 
network. 
"(b) SPECLVL LOCAL NETWORK.— 
"(1) IN GENERAL.—The Secretary is authorized to provide 
assistance, on a competitive basis, to a local educational agency, 
or a consortium of such agencies, to enable such agency or 
consortium to establish a high-technology demonstration pro-
gram. 
"(2) PROGRAM REQUIREMENTS.—^A high-technology dem-
onstration program assisted under paragraph (1) shall— 
"(A) include 2-way full-motion interactive video, audio, 
and text communications; 
"(B) link together elementary schools and secondary 
schools, colleges, and universities; 
"(C) provide parent participation and family programs; 
"(D) include a staff development program; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1835 
"(E) have a significant contribution and participation 
from business and industry. 
"(3) MATCHING REQUIREMENT.—^A local educational agency 
or consortium receiving a grant under paragraph (1) shall pro-
vide, either directly or through private contributions, non-Fed-
eral matching funds equal to not less than 50 percent of the 
amount of the grant. 
"(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDU-
CATION.— 
"(1) AUTHORITY.—The Secretary is authorized to award 
grants, on a competitive basis, to eligible entities to develop 
and operate one or more programs that provide online access 
to educational resources in support of continuing education 
and curriculum requirements relevant to achieving a secondary 
school diploma or its recognized equivalent. The program 
authorized by this subsection shall be designed to advance 
adult literacy, secondary school completion, and the acquisition 
of specified competency by the end of the 12th grade. 
"(2) APPLICATIONS.—^Each eligible entity desiring a grant 
under this subsection shall submit an application to the Sec-
retary. The application shall include each of the following: 
"(A) A demonstration that the applicant will use pub-
licly funded or free public telecommunications infrastruc-
ture to deliver video, voice, and data in an integrated 
service to support and assist in the acquisition of a sec-
ondary school diploma or its recognized equivalent. 
"(B) An assurance that the content of the materials 
to be delivered is consistent with the accreditation require-
ments of the State for which such materials are used. 
"(C) To the extent feasible, materials developed in the 
Federal departments and agencies and under appropriate 
federally funded programs. 
"(D) An assurance that the applicant has the techno-
logical and substantive experience to carry out the program. 
"(E) Such additional assurances as the Secretary may 
reasonably require. 
"SEC. 5476. ADMINISTBATIVE PROVISIONS. 
20 USC 7255e. 
"(a) LEADERSHIP, EVALUATION, AND PEER REVIEW.— 
"(1) RESERVATION OF FUNDS.—The Secretary may reserve 
not more than 5 percent of the amount made available to 
carry out this subpart for a fiscal year for national leadership, 
evaluation, and peer review activities, which the Secretary 
may carry out directly or through grants, contracts, and 
cooperative agreements. 
"(2) LEADERSHIP.—Funds reserved for leadership activities 
under paragraph (1) may be used for— 
"(A) disseminating information, including lists and 
descriptions of services available from grant recipients 
under this subpart; and 
"(B) other activities designed to enhance the quality 
of distance learning activities nationwide. 
"(3) EVALUATION.—Funds reserved for evaluation activities 
under paragraph (1) may be used to conduct independent 
evaluations of the activities assisted under this subpart and 
of distance learning in general, including— 
115 STAT. 1836 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(A) analyses of distance learning efforts (including 
such efforts that are, or are not, assisted under this sub-
part); and 
"(B) comparisons of the effects (including student out-
comes) of different technologies in distance learning efforts. 
"(4) PEER REVIEW.—Funds reserved for peer review activi-
ties under paragraph (1) may be used for peer review of— 
"(A) applications for grants under this subpart; and 
"(B) activities assisted under this subpart. 
"(b) COORDINATION.—The Department, the National Science 
Foundation, the Department of Agriculture, the Department of Com-
merce, and any other Federal department or agency operating a 
telecommunications network for educational purposes, shall coordi-
nate the activities assisted under this subpart with the activities 
of such department or agency relating to a telecommunications 
network for educational purposes. 
"(c) FUNDS FROM OTHER AGENCIES.—The Secretary may accept 
funds from other Federal departments or agencies to carry out 
the purposes of this subpart, including funds for the purchase 
of equipment. 
"(d) AVAILABILITY OF FUNDS.—Funds made available to carry 
out this subpart shall remain available until expended. 
"(e) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—The Sec-
retary shall encourage each entity receiving funds under this sub-
part to provide— 
"(1) closed captioning of the verbal content of the entity's 
programming, as appropriate; and 
"(2) descriptive video of the visual content of the entity's 
programming, as appropriate. 
20 use 7255f. 
"SEC. 5477. DEFINITIONS. 
"In this subpart: 
"(1) EDUCATIONAL INSTITUTION.—The term 'educational 
institution' means an institution of higher education, a local 
educational agency, or a State educational agency. 
"(2) ELIGIBLE ENTITY.—^The term 'eligible entity' includes 
any of the following that is organized on a Statewide or 
multistate basis: 
"(A) A public agency or corporation established for 
the purpose of developing and operating telecommuni-
cations networks to enhance educational opportunities pro-
vided by educational institutions, teacher training centers, 
and other entities, except that any such agency or corpora-
tion shall represent the interests of elementary schools 
and secondary schools that are eligible to participate in 
the program under part A of title I. 
"(B) A partnership that will provide telecommuni-
cations services and that includes three or more of the 
following entities, at least one of which shall be an agency 
described in clause (i) or (ii): 
"(i) A local educational agency that serves a signifi-
cant number of elementary schools and secondary 
schools that are eligible for assistance under part A 
of title I, or elementary schools and secondary schools 
operated or funded for Indian children by the Depart-
ment 
of the 
Interior 
eligible 
under 
section 
1121(d)(1)(A). 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1837 
"(ii) A State educational agency, 
"(iii) An adult and family education program. 
"(iv) An institution of higher education or a State 
higher education agency (as that term is defined in 
section 103 of the Higher Education Act of 1965 (20 
U.S.C. 1003)). 
"(v) A teacher training center or academy that— 
"(I) provides teacher preservice and inservice 
training; and 
"(II) receives Federal financial assistance or 
has been approved by a State agency; 
"(vi)(I) A public or private entity with experience 
and expertise in the planning and operation of a tele-
communications network, including entities involved 
in telecommunications through satellite, cable, tele-
phone, or computer; or 
"(II) a public broadcasting entity with such experi-
ence. 
"(vii) A public or private elementary school or sec-
ondary school. 
"(3) INSTRUCTIONAL PROGRAMMING.—The term 'instruc-
tional programming' means courses of instruction and training 
courses for elementary and secondary students, teachers, and 
others, and materials for use in such instruction and training 
that have been prepared in audio and visual form on tape, 
disc, film, or live, and presented by means of telecommuni-
cations devices. 
"(4) 
PUBLIC 
BROADCASTING 
ENTITY.—The term 'public 
broadcasting entity' has the same meaning given such term 
in section 397 of the Communications Act of 1934 (47 U.S.C. 
397). 
"Subpart 8—Ready to Teach 
"SEC. 5481. GRANTS. 
20 USC 7257. 
"(a) IN GENERAL.—The Secretary is authorized to award grants 
to a nonprofit telecommunications entity, or partnership of such 
entities, for the purpose of carrying out a national telecommuni-
cations-based program to improve teaching in core curriculum areas. 
The program shall be designed to assist elementary school and 
secondary school teachers in preparing all students to achieve chal-
lenging State academic content and student academic achievement 
standards in core curriculum areas. 
"(b) DIGITAL EDUCATIONAL PROGRAMMING.—The Secretary is 
authorized to award grants, as provided for in section 5484, to 
eligible entities described in subsection (b) of such section, to enable 
such entities to develop, produce, and distribute innovative edu-
cational and instructional video programming that is designed for 
use by elementary schools and secondary schools and based on 
challenging State academic content and student academic achieve-
ment standards. In awarding such grants, the Secretary shall 
ensure that eligible entities enter into multiyear content develop-
ment collaborative arrangements with State educational agencies, 
local educational 
agencies, institutions 
of higher 
education, 
businesses, or other agencies or organizations. 
115 STAT. 1838 
PUBLIC LAW 107-110—JAN. 8, 2002 
20 use 7257a. 
"SEC. 5482. APPLICATION REQUIRED. 
"(a) GENERAL APPLICATION.— 
"(1) IN GENERAL.—To be eligible to receive a grant under 
section 5481(a), a nonprofit telecommunications entity, or part-
nership of such entities shall submit an application to the 
Secretary. Each such application shall— 
"(A) demonstrate that the applicant will use the public 
broadcasting infrastructure, the Internet, and school digital 
networks, where available, to deliver video and data in 
an integrated service to train teachers in the use of mate-
rials and learning technologies for achieving challenging 
State academic content and student academic achievement 
standards; 
"(B) ensure that the project for which assistance is 
sought will be conducted in cooperation with appropriate 
State educational agencies, local educational agencies, and 
State or local nonprofit public telecommunications entities; 
"(C) ensure that a significant portion of the benefits 
available for elementary schools and secondary schools from 
the project for which assistance is sought will be available 
to schools of local educational agencies that have a high 
percentage of children counted for the purpose of part 
A of title I; and 
"(D) contain such additional assurances as the Sec-
retary may reasonably require. 
"(2) SITES.—In approving applications under paragraph (1), 
the Secretary shall ensure that the program authorized by 
section 5481(a) is conducted at elementary school and secondary 
school sites throughout the United States. 
"(b) PROGRAMMING APPLICATION.—To be eligible to receive a 
grant under section 5481(b), an entity shall submit an application 
to the Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may reasonably require. 
20 use 7257b. 
"SEC. 5483. REPORTS AND EVALUATION. 
"An entity receiving a grant under section 5481(a) shall prepare 
and submit to the Secretary an annual report that contains such 
information as the Secretary may require. At a minimum, such 
report shall describe the program activities undertaken with funds 
received under the grant, including— 
"(1) the core curriculum areas for which program activities 
have been undertaken and the number of teachers using the 
program in each core curriculum area; and 
"(2) the States in which teachers using the program are 
located. 
20 use 7257c. 
"SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS. 
"(a) GRANTS.—The Secretary is authorized to award grants 
under section 5481(b) to eligible entities to facilitate the develop-
ment of educational programming that shall— 
"(1) include student assessment tools to provide feedback 
on student academic achievement; 
"(2) include built-in teacher utilization and support compo-
nents to ensure that teachers understand and can easily use 
the content of the programming with group instruction or for 
individual student use; 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1839 
"(3) be created for, or adaptable to, challenging State aca-
demic content standards and student academic achievement 
standards; and 
"(4) be capable of distribution through digital broadcasting 
and school digital networks. 
"(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 
section 5481(b), an entity shall be a local public telecommunications 
entity, as defined in section 397(12) of the Communications Act 
of 1934, that is able to demonstrate a capacity for the development 
and distribution of educational and instructional television program-
ming of high quality. 
"(c) COMPETITIVE BASIS.—Grants under section 5481(b) shall 
be awarded on a competitive basis as determined by the Secretary. 
"(d) MATCHING REQUIREMENT.—To be eligible to receive a grant 
under section 5481(b), an entity shall contribute to the activities 
assisted under such grant non-Federal matching funds in an amount 
equal to not less than 100 percent of the amount of the grant. 
Such matching funds may include funds provided for the transition 
to digital broadcasting, as well as in-kind contributions. 
"(e) DURATION.—^A grant under section 5481(b) shall be awarded 
for a period of 3 years in order to provide a sufficient period 
of time for the creation of a substantial body of significant content. 
"SEC. 5485. ADMINISTRATIVE COSTS. 
"An entity that receives a grant under this subpart may not 
use more than 5 percent of the amount received under the grant 
for administrative costs. 
20 use 7257d. 
"Subpart 9—Foreign Language Assistance 
Program 
"SEC. 5491. SHORT TITLE. 
"This subpart may be cited as the 'Foreign Language Assistance 
Act of 2001'. 
"SEC. 5492. PROGRAM AUTHORIZED. 
"(a) PROGRAM AUTHORITY.— 
"(1) IN GENERAL.—The Secretary is authorized to make 
grants, on a competitive basis, to State educational agencies 
or local educational agencies to pay the Federal share of the 
cost of innovative model programs providing for the establish-
ment, improvement, or expansion of foreign language study 
for elementary school and secondary school students. 
"(2) DURATION.—Each grant under paragraph (1) shall be 
awarded for a period of 3 years. 
"(b) REQUIREMENTS.— 
"(1) 
GRANTS 
TO 
STATE 
EDUCATIONAL 
AGENCIES.—In 
awarding a grant under subsection (a) to a State educational 
agency, the Secretary shall support programs that promote 
systemic approaches to improving foreign language learning 
in the State. 
"(2) 
GRANTS 
TO 
LOCAL 
EDUCATIONAL 
AGENCIES.—In 
awarding a grant under subsection (a) to a local educational 
agency, the Secretary shall support programs that— 
"(A) show the promise of being continued beyond the 
grant period; 
Foreign 
Language 
Assistance Act of 
2001. 
20 use 7259. 
20 use 7259a. 
115 STAT. 1840 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) demonstrate approaches that can be disseminated 
and dupHcated in other local educational agencies; and 
"(C) may include a professional development compo-
nent. 
"(c) FEDERAL SHARE.— 
"(1) IN GENERAL.—The Federal share for each fiscal year 
shall be 50 percent. 
"(2) WAIVER.—Notwithstanding paragraph (1), the Sec-
retary may determine the Federal share for any local edu-
cational agency which the Secretary determines does not have 
adequate resources to pay the non-Federal share of the cost 
of the activities assisted under this subpart. 
"(d) SPECIAL RULE.—Not less than % of the funds made avail-
able under section 5401 to carry out this subpart shall be used 
for the expansion of foreign language learning in the elementary 
grades. 
"(e) RESERVATION.—The Secretary may reserve not more than 
5 percent of funds made available under section 5401 to carry 
out this subpart for a fiscal year to evaluate the efficacy of programs 
assisted under this subpart. 
20 use 7259b. 
"SEC. 5493. APPLICATIONS. 
"(a) IN GENERAL.—^Any State educational agency or local edu-
cational agency desiring a grant under this subpart shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information and assurances as the Secretary 
may require. 
"(b) SPECIAL CONSIDERATION.—The Secretary shall give special 
consideration to applications describing programs that— 
"(1) include intensive summer foreign language programs 
for professional development; 
"(2) link nonnative English speakers in the community 
with the schools in order to promote two-way language learning; 
"(3) promote the sequential study of a foreign language 
for students, beginning in elementary schools; 
"(4) make effective use of technology, such as computer-
assisted instruction, language laboratories, or distance learning, 
to promote foreign language study; 
"(5) promote innovative activities, such as foreign language 
immersion, partial foreign language immersion, or content-
based instruction; and 
"(6) are carried out through a consortium comprised of 
the agency receiving the grant and an elementary school or 
secondary school. 
20 use 7259c. 
"SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE 
PROGRAM. 
"(a) INCENTIVE PAYMENTS.—From amounts made available 
under section 5401 to carry out this subpart, the Secretary shall 
make an incentive payment for each fiscal year to each public 
elementary school that provides to students attending such school 
a program designed to lead to communicative competency in a 
foreign language. 
"(b) AMOUNT.—The Secretary shall determine the amount of 
the incentive payment under subsection (a) for each public 
elementary school for each fiscal year on the basis of the number 
of students participating in a program described in such subsection 
at such school for such year compared to the total number of 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1841 
such students at all such schools in the United States for such 
year. 
"(c) REQUIREMENT.—The Secretary shall consider a program 
to be designed to lead to communicative competency in a foreign 
language if such program is comparable to a program that provides 
not less than 45 minutes of instruction in a foreign language for 
not fewer than 4 days per week throughout an academic year. 
"Subpart 10—Physical Education 
"SEC. 5501. SHORT TITLE. 
"This subpart may be cited as the 'Carol M. White Physical 
Education Program'. 
"SEC. 5502. PURPOSE. 
"The purpose of this subpart is to award grants and contracts 
to initiate, expand, and improve physical education programs for 
all kindergarten through 12th-grade students. 
"SEC. 5503. PROGRAM AUTHORIZED. 
"(a) AUTHORIZATION.—The Secretary is authorized to award 
grants to local educational agencies and community-based organiza-
tions (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, 
and the Young Men's Christian Organization (YMCA) and Young 
Women's Christian Organization (YWCA)) to pay the Federal share 
of the costs of initiating, expanding, and improving physical edu-
cation programs (including after-school programs) for kindergarten 
through 12th-grade students by— 
"(1) providing equipment and support to enable students 
to participate actively in physical education activities; and 
"(2) providing funds for staff and teacher training and 
education. 
"(b) PROGRAM ELEMENTS.—^A physical education program 
funded under this subpart may provide for one or more of the 
following: 
"(1) Fitness education and assessment to help students 
understand, improve, or maintain their physical well-being. 
"(2) Instruction in a variety of motor skills and physical 
activities designed to enhance the physical, mental, and social 
or emotional development of every student. 
"(3) Development of, and instruction in, cognitive concepts 
about motor skill and physical fitness that support a lifelong 
healthy lifestyle. 
"(4) Opportunities to develop positive social and cooperative 
skills through physical activity participation. 
"(5) Instruction in healthy eating habits and good nutrition. 
"(6) Opportunities for professional development for teachers 
of physical education to stay abreast of the latest research, 
issues, and trends in the field of physical education. 
"(c) SPECIAL RULE.—For the purpose of this subpart, extra-
curricular activities, such as team sports and Reserve Officers' 
Training Corps (ROTC) program activities, shall not be considered 
as part of the curriculum of a physical education program assisted 
under this subpart. 
"SEC. 5504. APPLICATIONS. 
"(a) SUBMISSION.—Each local educational agency or community-
based organization desiring a grant or contract under this subpart 
Carol M. White 
Physical 
Education 
Program. 
20 u s e 7261. 
20 u s e 7261a. 
20 u s e 7261b. 
20 u s e 7261c. 
115 STAT. 1842 
PUBLIC LAW 107-1 IONIAN. 8, 2002 
shall submit to the Secretary an application that contains a plan 
to initiate, expand, or improve physical education programs in 
order to make progress toward meeting State standards for physical 
education. 
"(b) 
PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An 
application for funds under this subpart may provide for the partici-
pation, in the activities funded under this subpart, o
f
— 
"(1) students enrolled in private nonprofit elementary 
schools or secondary schools, and their parents and teachers; 
or 
"(2) home-schooled 
students, 
and their parents 
and 
teachers. 
20 u s e 7261d. 
"SEC. 5505. REQUIREMENTS. 
"(a) ANNUAL REPORT TO THE SECRETARY.—In order to continue 
receiving funding after the first year of a multiyear grant or contract 
under this subpart, the administrator of the grant or contract 
for the local educational agency or community-based organization 
shall submit to the Secretary an annual report that— 
"(1) describes the activities conducted during the preceding 
year; and 
"(2) demonstrates that progress has been made toward 
meeting State standards for physical education. 
"(b) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of 
the grant funds made available to a local educational agency or 
community-based organization under this subpart for any fiscal 
year may be used for administrative expenses. 
20 u s e 726 le. 
"SEC. 5506. ADMINISTRATIVE PROVISIONS. 
"(a) FEDERAL SHARE.—The Federal share under this subpart 
may not exceed— 
"(1) 90 percent of the total cost of a program for the 
first year for which the program receives assistance under 
this subpart; and 
"(2) 75 percent of such cost for the second and each subse-
quent such year. 
"(b) PROPORTIONALITY.—To the extent practicable, the Secretary 
shall ensure that grants awarded under this subpart shall be equi-
tably distributed among local educational agencies and community-
based organizations serving urban and rural areas. 
Deadline. 
"(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the 
Secretary shall submit a report to Congress that— 
"(1) describes the programs assisted under this subpart; 
"(2) documents the success of such programs in improving 
physical fitness; and 
"(3) makes such recommendations as the Secretary deter-
mines appropriate for the continuation and improvement of 
the programs assisted under this subpart. 
"(d) AVAILABILITY OF FUNDS.—^Amounts made available to the 
Secretary to carry out this subpart shall remain available until 
expended. 
20 u s e 726 If. 
"SEC. 5507. SUPPLEMENT, NOT SUPPLANT. 
"Funds made available under this subpart shall be used to 
supplement, and not supplant, any other Federal, State, or local 
funds available for physical education activities. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1843 
"Subpart 11—Community Technology Centers 
"SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION. 
20 USC 7263. 
"(a) PURPOSE.—It is the purpose of this subpart to assist eligible 
applicants— 
"(1) to create or expand community technology centers that 
will provide disadvantaged residents of economically distressed 
urban and rural communities with access to information tech-
nology and related training; and 
"(2) to provide technical assistance and support to commu-
nity technology centers. 
"(b) PROGRAM AUTHORIZATION.—The Secretary is authorized, 
in conjunction with the Office of Educational Technology, to award 
grants, contracts, or cooperative agreements, on a competitive basis, 
for a period of not more than 3 years, to eligible applicants in 
order to assist such applicants in— 
"(1) creating or expanding community technology centers; 
or 
"(2) providing technical assistance and support to commu-
nity technology centers. 
"(3) SERVICE OF AMERICORPS PARTICIPANTS.—The Secretary 
may collaborate with the Chief Executive Officer of the Corpora-
tion for National and Community Service on the use in commu-
nity technology centers of participants in National Service pro-
grams carried out under subtitle C of title I of the National 
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). 
"SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS. 
20 USC 7263a. 
"(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive 
an award under this subpart, an applicant shall— 
"(1) be an entity (such as a foundation, museum, library, 
for-profit business, public or private nonprofit organization, 
or community-based organization), an institution of higher edu-
cation, a State educational agency, a local education agency, 
or a consortium of such entities, institutions, or agencies; and 
"(2) have the capacity to significantly expand access to 
computers and related services for disadvantaged residents of 
economically distressed urban and rural communities (who 
would otherwise be denied such access). 
"(b) APPLICATION REQUIREMENTS.—In order to receive an award 
under this subpart, an eligible applicant shall submit an application 
to the Secretary at such time, and containing such information, 
as the Secretary may require. The application shall include each 
of the following: 
"(1) A description of the proposed project, including a 
description of the magnitude of the need for the services and 
how the project would expand access to information technology 
and related services to disadvantaged residents of an economi-
cally distressed urban or rural community. 
"(2) A demonstration of— 
"(A) the commitment, including the financial commit-
ment, of entities (such as institutions, organizations, busi-
ness and other groups in the community) that will provide 
support for the creation, expansion, and continuation of 
the proposed project; and 
"(B) the extent to which the proposed project coordi-
nates 
with 
other 
appropriate 
agencies, efforts, 
and 
115 STAT. 1844 
PUBLIC LAW 107-110-^AN. 8, 2002 
organizations providing services to disadvantaged residents 
of an economically distressed urban or rural community. 
"(3) A description of how the proposed project would be 
sustained once the Federal funds awarded under this subpart 
end. 
"(4) A plan for the evaluation of the program, which shall 
include benchmarks to monitor progress toward specific project 
objectives. 
"(c) MATCHING REQUIREMENTS.—The Federal share of the cost 
of any project funded under this subpart shall not exceed 50 percent. 
The non-Federal share of such project may be in cash or in kind, 
fairly evaluated, including services. 
20 use 7263b. 
"SEC. 5513. USES OF FUNDS. 
"(a) REQUIRED USES.—^A recipient shall use funds under this 
subpart for— 
"(1) creating or expanding community technology centers 
that expand access to information technology and related 
training for disadvantaged residents of distressed urban or 
rural communities; and 
"(2) evaluating the effectiveness of the project. 
"(b) PERMISSIBLE USES.—^A recipient may use funds under this 
subpart for activities, described in its application, that carry out 
the purposes of this subpart, such as— 
"(1) supporting a center coordinator, and staff, to supervise 
instruction and build community partnerships; 
"(2) acquiring equipment, networking capabilities, and 
infrastructure to carry out the project; and 
"(3) developing and providing services and activities for 
community residents that provide access to computers, informa-
tion technology, and the use of such technology in support 
of preschool preparation, academic achievement, educational 
development, and workforce development, such as the following: 
"(A) After-school activities in which children and 
youths use software that provides academic enrichment 
and assistance with homework, develop their technical 
skills, explore the Internet, and participate in multimedia 
activities, including web page design and creation. 
"(B) Adult education and family literacy activities 
through technology and the Internet, including— 
"(i) General Education Development, Language 
Instruction Educational Programs, and adult basic edu-
cation classes or programs; 
"(ii) introduction to computers; 
"(iii) intergenerational activities; and 
"(iv) educational development opportunities. 
"(C) Career development and job preparation activities, 
such as— 
"(i) training in basic and advanced computer skills; 
"(ii) resume writing workshops; and 
"(iii) access to databases of employment opportuni-
ties, career information, and other online materials. 
"(D) Small business activities, such as— 
"(i) computer-based training for basic entrepre-
neurial skills and electronic commerce; and 
"(ii) access to information on business start-up pro-
grams that is available online, or from other sources. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1845 
"(E) Activities that provide home access to computers 
and technology, such as assistance and services to promote 
the acquisition, installation, and use of information tech-
nology in the home through low-cost solutions such as 
networked computers, web-based television devices, and 
other technology. 
"Subpart 12—Educational, Cultural, Apprentice-
ship, and Exchange Programs for Alaska Na-
tives, Native Hawaiians, and Their Historical 
Whaling and Trading Partners in Massachusetts 
"SEC. 5521. SHORT TITLE. 
"This subpart may be cited as the 'Alaska Native and Native 
Hawaiian Education Through Cultural and Historical Organizations 
Act'. 
"SEC. 5522. FINDINGS AND PURPOSES. 
"(a) FINDINGS.—Congress finds the following: 
"(1) Alaska Natives and Native Hawaiians have been linked 
for over 200 years to the coastal towns of Salem, Massachusetts, 
and New Bedford, Massachusetts, through the China trade 
from Salem and whaling voyages from New Bedford. 
"(2) Nineteenth-century trading ships sailed from Salem, 
Massachusetts, around Cape Horn of South America, and up 
the Northwest coast of the United States to Alaska, where 
their crews traded with Alaska Native people for furs, and 
then went on to Hawaii to trade for sandalwood with Native 
Hawaiians before going on to China. 
"(3) During the 19th century, over 2,000 whaling voyages 
sailed out of New Bedford, Massachusetts to the Arctic region 
of Alaska, and joined Alaska Natives from Barrow, Alaska 
and other areas in the Arctic region in subsistence whaling 
activities. 
"(4) Many New Bedford whaling voyages continued on to 
Hawaii, where they joined Native Hawaiians from the neigh-
boring islands. 
"(5) From those commercial and whaling voyages, a rich 
cultural exchange and strong trading relationships developed 
among the three peoples involved. 
"(6) In the past decades, awareness of the historical trading, 
cultural, and whaling links has faded among Alaska Natives, 
Native Hawaiians, and the people of the continental United 
States. 
"(7) In 2000, the Alaska Native Heritage Center in Alaska, 
the Bishop Museum in Hawaii, and the Peabody-Essex Museum 
in Massachusetts initiated the New Trade Winds project to 
use 21st-century technology, including the Internet, to educate 
students and their parents about historic and contemporary 
cultural and trading ties that continue to link the diverse 
cultures of the peoples involved. 
"(8) The New Bedford Whaling Museum, in partnership 
with the New Bedford Whaling National Historical Park, has 
developed a cultural exchange and educational program with 
the Inupiat Heritage Center in Barrow, Alaska to bring together 
the children, parents, and elders from the Arctic region of 
Alaska Native 
and Native 
Hawaiian 
Education 
Through Cultural 
and Historical 
Organizations 
Act. 
20 u s e 7265. 
20 u s e 7265a. 
115 STAT. 1846 
PUBLIC LAW 107-110—JAN. 8, 2002 
Alaska with children and families of Massachusetts to learn 
about their historical ties and about each other's contemporary 
cultures. 
"(9) Within the fast-growing cultural sector, meaningful 
educational and career opportunities based on traditional rela-
tionships exist for Alaska Natives, Native Hawaiians, and low-
income youth in Massachusetts. 
"(10) Cultural institutions can provide practical, culturally 
relevant, education-related internship and apprentice programs, 
such as the Museum Action Corps at the Peabody-Essex 
Museum and similar programs at the New Bedford Oceanarium 
and other institutions, to prepare youths and their families 
for careers in the cultural sector. 
"(11) The resources of the institutions described in para-
graphs (7) and (8) provide unique opportunities for illustrating 
and interpreting the contributions of Alaska Natives, Native 
Hawaiians, the whaling industry, and the China trade to the 
economic, social, and environmental history of the United 
States, for educating students and their parents, and for pro-
viding opportunities for internships and apprenticeships leading 
to careers with cultural institutions. 
"(b) PURPOSES.—The purposes of this subpart are the following: 
"(1) To authorize and develop innovative culturally-based 
educational programs and cultural exchanges to assist Alaska 
Natives, Native Hawaiians, and children and families of 
Massachusetts linked by history and tradition to Alaska and 
Hawaii to learn about shared culture and traditions. 
"(2) To authorize and develop internship and apprentice 
programs to assist Alaska Natives, Native Hawaiians, and chil-
dren and families of Massachusetts linked by history and tradi-
tion with Alaska and Hawaii to prepare for careers with cul-
tuial institutions. 
"(3) To supplement programs and authorities in the area 
of education to further the objectives of this subpart. 
20 use 7265b. 
«SEC. 5523. PROGRAM AUTHORIZATION. 
"(a) GRANTS AND CONTRACTS.—In order to carry out programs 
that fulfill the purposes of this subpart, the Secretary is authorized 
to make grants to, or enter into contracts with, the following: 
"(1) The Alaska Native Heritage Center in Anchorage, 
Alaska. 
"(2) The Inupiat Heritage Center in Barrow, Alaska. 
"(3) The Bishop Museum in Hawaii. 
"(4) The Peabody-Essex Museum in Salem, Massachusetts. 
"(5) The New Bedford Whaling Museum and the New Bed-
ford Oceanarium in New Bedford, Massachusetts. 
"(6) Other Alaska Native and Native Hawaiian cultural 
and educational organizations. 
"(7) Cultural and educational organizations with experience 
in developing or operating programs that illustrate and inter-
pret the contributions of Alaska Natives, Native Hawaiians, 
the whaling industry, and the China trade to the economic, 
social, and environmental history of the United States. 
"(8) Consortia of the organizations and entities described 
in this subsection. 
PUBLIC LAW 107-1 IONIAN. 8, 2002 
115 STAT. 1847 
"(b) USES OF FUNDS.—^Activities provided through programs 
carried out under this subpart may include one or more of the 
following: 
"(1) Development and implementation of educational pro-
grams to increase understanding of cultural diversity and multi-
cultural communication among Alaska Natives, Native Hawai-
ians, and the people of the continental United States, based 
on historic patterns of trading and commerce. 
"(2) Development and implementation of programs using 
modern technology, including the Internet, to educate students, 
their parents, and teachers about historic and contemporary 
cultural and trading ties that continue to link the diverse 
cultures of Alaska Natives, Native Hawaiians, and the people 
of Massachusetts. 
"(3) Cultural exchanges of elders, students, parents, and 
teachers among Alaska Natives, Native Hawaiians, and the 
people of Massachusetts to increase awareness of diverse cul-
tures among each group. 
"(4) Sharing of collections among cultural institutions 
designed to increase awareness of diverse cultures and links 
among them. 
"(5) Development and implementation of internship and 
apprentice programs in cultural institutions to train Alaska 
Natives, Native Hawaiians, and low-income students 
in 
Massachusetts for careers with cultural institutions. 
"(6) Other activities, consistent with the purposes of this 
subpart, to meet the educational needs of Alaska Natives, 
Native Hawaiians, and students and their parents in Massachu-
setts. 
"SEC. 5524. ADMEMISTRATIVE PROVISIONS. 
"(a) APPLICATION REQUIRED.—No grant may be made under 
this subpart, and no contract may be entered into under this sub-
part, unless the entity seeking the grant or contract submits an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may determine to 
be necessary to carry out the provisions of this subpart. 
"(b) 
LOCAL 
EDUCATIONAL 
AGENCY 
COORDINATION.—Each 
applicant for a grant or contract under this subpart shall inform 
each local educational agency serving students who will participate 
in the program to be carried out under the grant or contract 
about the application. 
"SEC. 5525. AVAILABILITY OF FUNDS. 
"If sufficient funds are made available under section 5401 to 
carry out this subpart for a fiscal year, the Secretary shall make 
available, to support activities described in section 5523(b), the 
following amounts: 
"(1) Not less than $2,000,000 each to— 
"(A) the New Bedford Whaling Museum, in partnership 
with the New Bedford Oceanarium, in Massachusetts; and 
"(B) the Inupiat Heritage Center in Alaska. 
"(2) For the New Trade Winds project, not less than 
$1,000,000 each to— 
"(A) the Alaska Native Heritage Center in Alaska; 
"(B) the Bishop Museum in Hawaii; and 
"(C) the Peabody-Essex Museum in Massachusetts. 
20 u s e 7265c. 
20 u s e 7265d. 
115 STAT. 1848 
PUBLIC LAW 107-110-JAN. 8, 2002 
Excellence in 
Economic 
Education Act of 
2001. 
20 u s e 7267. 
20 u s e 7267a. 
"(3) For internship and apprenticeship programs (including 
the Museum Action Corps of the Peabody-Essex Museum), not 
less than $1,000,000 each to— 
"(A) the Alaska Native Heritage Center in Alaska; 
"(B) the Bishop Museum in Hawaii; and 
"(C) the Peabody-Essex Museum in Massachusetts. 
20 u s e 7265e. 
"SEC. 5526. DEFINITIONS. 
"In this subpart: 
"(1) ALASKA NATIVE.—The term 'Alaska Native' has the 
meaning given that term in section 7306. 
"(2) NATIVE HAWAIIAN.—The term 'Native Hawaiian' has 
the meaning given that term in section 7207. 
"Subpart 13—Excellence in Economic Education 
"SEC. 5531. SHORT TITLE. 
"This subpart may be cited as the 'Excellence in Economic 
Education Act of 2001'. 
"SEC. 5532. PURPOSE AND GOALS. 
"(a) PURPOSE.—The purpose of this subpart is to promote eco-
nomic and financial literacy among all students in kindergarten 
through grade 12 by awarding a competitive grant to a national 
nonprofit educational organization that has as its primary purpose 
the improvement of the quality of student understanding of personal 
finance and economics. 
"(b) OBJECTIVES.—The objectives of this subpart are the fol-
lowing: 
"(1) To increase students' knowledge of, and achievement 
in, economics to enable the students to become more productive 
and informed citizens. 
"(2) To strengthen teachers' understanding of, and com-
petency in, economics to enable the teachers to increase student 
mastery of economic principles and the practical application 
of those principles. 
"(3) To encourage economic education research and develop-
ment, to disseminate effective instructional materials, and to 
promote replication of best practices and exemplary programs 
that foster economic literacy. 
"(4) To assist States in measuring the impact of education 
in economics. 
"(5) To leverage and expand private and public support 
for economic education partnerships at national, State, and 
local levels. 
20 u s e 7267b. 
"SEC. 5533. GRANT PROGRAM AUTHORIZED. 
"(a) AUTHORIZATION.—The Secretary is authorized to award 
a competitive grant to a national nonprofit educational organization 
that has as its primary purpose the improvement of the quality 
of student understanding of personal finance and economics through 
effective teaching of economics in the Nation's classrooms (referred 
to in this subpart as the 'grantee'). 
"(b) USES OF FUNDS.— 
"(1) DIRECT ACTIVITIES.—The grantee shall use 25 percent 
of the funds made available through the grant for a fiscal 
year— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1849 
"(A) to strengthen and expand the grantee's relation-
ships with State and local personal finance, entrepre-
neurial, and economic education organizations; 
"(B) to support and promote training of teachers who 
teach a grade from kindergarten through grade 12 
regarding 
economics, including the 
dissemination 
of 
information on effective practices and research findings 
regarding the teaching of economics; 
"(C) to support research on effective teaching practices 
and the development of assessment instruments to docu-
ment student understanding of personal finance and 
economics; and 
"(D) to develop and disseminate appropriate materials 
to foster economic literacy. 
"(2) SuBGRANTS.—The grantee shall use 75 percent of the 
funds made available through the grant for a fiscal year to 
award subgrants to State educational agencies or local edu-
cational agencies, and State or local economic, personal finance, 
or entrepreneurial education organizations (referred to in this 
section as the 'recipient'). The grantee shall award such a 
subgrant to pay for the Federal share of the cost of enabling 
the recipient to work in partnership with one or more of the 
entities described in paragraph (3) for one or more of the 
following purposes: 
"(A) 
Collaboratively 
establishing 
and 
conducting 
teacher training programs that use effective £ind innovative 
approaches to the teaching of economics, personal finance, 
and entrepreneurship. 
"(B) Providing resources to school districts that desire 
to incorporate economics and personal finance into the 
curricula of the schools in the districts. 
"(C) Conducting evaluations of the impact of economic 
and financial literacy education on students. 
"(D) Conducting economic and financial literacy edu-
cation research. 
"(E) Creating and conducting school-based student 
activities to promote consumer, economic, and personal 
finance education (such as saving, investing, £md entrepre-
neurial education) and to encourage awareness and student 
academic achievement in economics. 
"(F) Encouraging replication of best practices to pro-
mote economic and financial literacy. 
"(3) PARTNERSHIP ENTITIES.—The entities described in this 
paragraph are the following: 
"(A) A private sector entity. 
"(B) A State educational agency. 
"(C) A local educational agency. 
"(D) An institution of higher education. 
"(E) An organization promoting economic development. 
"(F) An organization promoting educational excellence. 
"(G) An organization promoting personal finance or 
entrepreneurial education. 
"SEC. 5534. APPLICATIONS. 
20 USC 7267c. 
"(a) GRANTEE APPLICATIONS.—To be eligible to receive a grant 
under this subpart, the grantee shall submit to the Secretary an 
89-194 O - 03 - 28 QL 3 Part 2 
115 STAT. 1850 
PUBLIC LAW 107-110—JAN. 8, 2002 
application at such time, in such manner, and accompanied by 
such information as the Secretary may require. 
"(b) RECIPIENT APPLICATIONS.— 
"(1) SUBMISSION.—To be eUgible to receive a subgrant 
under this section, a recipient shall submit an application to 
the grantee at such time, in such manner, and accompanied 
by such information as the grantee may require. 
"(2) REVIEW.—The grantee shall invite the individuals 
described in paragraph (3) to review all applications from recipi-
ents for a subgrant under this section and to make rec-
ommendations to the grantee regarding the approval of the 
applications. 
"(3) REVIEWERS.—The individuals described in this para-
graph are the following: 
"(i) Leaders in the fields of economics and edu-
cation. 
"(ii) Such other individuals as the grantee deter-
mines to be necessary, especially members of the State 
and local business, banking, and finance communities. 
20 use 7267d. 
"SEC. 5535. REQUIREMENTS. 
"(a) ADMINISTRATIVE COSTS.—The grantee and each recipient 
receiving a subgrant under this subpart for a fiscal year may 
use not more than 5 percent of the funds made available through 
the grant or subgrant for administrative costs. 
"(b) TEACHER TRAINING PROGRAMS.—In carrying out the teacher 
training programs described in section 5533(b)(2XA), a recipient 
shall— 
"(1) train teachers who teach a grade from kindergarten 
through grade 12; and 
"(2) encourage teachers from 
disciplines other 
than 
economics and financial literacy to participate in such teacher 
training programs, if the training will promote the economic 
and financial literacy of those teachers' students. 
"(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In carrying out 
the activities assisted under this subpart, the grantee and recipients 
are strongly encouraged to— 
"(1) include interactions with the local business community 
to the fullest extent possible to reinforce the connection between 
economic and financial literacy and economic development; and 
"(2) work with private businesses to obtain matching con-
tributions for Federal funds and assist recipients in working 
toward self-sufficiency. 
"(d) ADDITIONAL REQUIREMENTS AND TECHNICAL ASSISTANCE.— 
The grantee shall— 
"(1) meet such other requirements as the Secretary deter-
mines to be necessary to assure compliance with this section; 
and 
"(2) receive from the Secretary such technical assistance 
as may be necessary to carry out this section. 
20 use 7267e. 
"SEC. 5536. ADMINISTRATIVE PROVISIONS. 
"(a) FEDERAL SHARE.—The Federal share of the cost described 
in section 5533(b)(2) shall be 50 percent. 
"(b) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal share 
may be paid in cash or in kind (fairly evaluated, including plant, 
equipment, or services). 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1851 
"(c) REPORTS TO CONGRESS.—Not later than 2 years after the 
date funds are first made available to carry out this subpart, 
and every 2 years thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report regarding activities 
assisted under this subpart. 
"SEC. 5537. SUPPLEMENT, NOT SUPPLANT. 
20 USC 7267f. 
"Funds made available to carry out this subpart shall be used 
to supplement, and not supplant, other Federal, State, and local 
funds expended for the purpose described in section 5532(a). 
"Subpart 14—Grants to Improve the Mental 
Health of Children 
"SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL 20 USC 7269. 
HEALTH SYSTEMS. 
"(a) AUTHORIZATION.—The Secretary is authorized to award 
grants to, or enter into contracts or cooperative agreements with, 
State educational agencies, local educational agencies, or Indian 
tribes, for the purpose of increasing student access to quality mental 
health care by developing innovative programs to link local school 
systems with the local mental health system. 
"(b) DURATION.—^With respect to a grant, contract, or coopera-
tive agreement awarded or entered into under this section, the 
period during which payments under such grant, contract or agree-
ment are made to the recipient may not exceed 5 years. 
"(c) USE OF FUNDS.—^A State educational agency, local edu-
cational agency, or Indian tribe that receives a grant, contract, 
or cooperative agreement under this section shall use amounts 
made available through such grant, contract, or cooperative agree-
ment for the following: 
"(1) To enhance, improve, or develop collaborative efforts 
between school-based service systems and mental health service 
systems to provide, enhance, or improve prevention, diagnosis, 
and treatment services to students. 
"(2) To enhance the availability of crisis intervention serv-
ices, appropriate referrals for students potentially in need of 
mental health services, and ongoing mental health services. 
"(3) To provide training for the school personnel and mental 
health professionals who will participate in the program carried 
out under this section. 
"(4) To provide technical assistance and consultation to 
school systems and mental health agencies and families partici-
pating in the program carried out under this section. 
"(5) To provide linguistically appropriate and culturally 
competent services. 
"(6) To evaluate the effectiveness of the program carried 
out under this section in increasmg student access to quality 
mental health services, and make recommendations to the Sec-
retary about sustainability of the program. 
"(d) APPLICATIONS.—To be eligible to receive a grant, contract, 
or cooperative agreement under this section, a State educational 
agency, local educational agency, or Indian tribe ^hall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require. The application shall include each of the following: 
115 STAT. 1852 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(1) A description of the program to be funded under the 
grant, contract, or cooperative agreement. 
"(2) A description of how such program will increase access 
to quality mental health services for students. 
"(3) A description of how the applicant will establish a 
crisis intervention program to provide immediate mental health 
services to the school community when necessary. 
"(4) An assurance that— 
"(A) persons providing services under the grant, con-
tract, or cooperative agreement are adequately trained to 
provide such services; 
"(B) the services will be provided in accordance with 
subsection (c); 
"(C) teachers, principal administrators, and other 
school personnel are aware of the program; and 
"(D) parents of students participating in services under 
this section will be involved in the design and implementa-
tion of the services. 
"(5) An explanation of how the applicant will support and 
integrate existing school-based services with the program to 
provide appropriate mental health services for students. 
"(6) An explanation of how the applicant will establish 
a program that will support students and the school in 
maintaining an environment conducive to learning. 
"(e) INTERAGENCY AGREEMENTS.— 
"(1) DESIGNATION OF LEAD AGENCY.—The recipient of each 
grant, contract, or cooperative agreement shall designate a 
lead agency to direct the establishment of an interagency agree-
ment among local educational agencies, juvenile justice authori-
ties, mental health agencies, and other relevant entities in 
the State, in collaboration with local entities and parents and 
guardians of students. 
"(2) CONTENTS.—The interagency agreement shall ensure 
the provision of the services described in subsection (c), speci-
fying with respect to each agency, authority, or entity— 
"(A) the financial responsibility for the services; 
"(B) the conditions and terms of responsibility for the 
services, including quality, accountability, and coordination 
of the services; and 
"(C) the conditions and terms of reimbursement among 
the agencies, authorities, or entities that are parties to 
the interagency agreement, including procedures for dis-
pute resolution. 
"(f) EVALUATION.—The Secretary shall evaluate each program 
carried out by a State educational agency, local educational agency, 
or Indian tribe under this section and shall disseminate the findings 
with respect to each such evaluation to appropriate public and 
private entities. 
"(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure 
that grants, contracts, and cooperative agreements awarded or 
entered into under this section are equitably distributed among 
the geographical regions of the United States and among urban, 
suburban, and rural populations. 
"(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall 
be construed— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1853 
"(1) to prohibit an entity involved with a program carried 
out under this section from reporting a crime that is committed 
by a student to appropriate authorities; or 
"(2) to prevent State law enforcement and judicial authori-
ties from exercising their responsibilities with regard to the 
application of Federal and State law to crimes committed by 
a student. 
"(i) 
SUPPLEMENT, NOT SUPPLANT.—^Any services provided 
through programs carried out under this section must supplement, 
and not supplsmt, existing mental health services, including any 
services required to be provided under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.). 
"SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY 
20 USC 7269a. 
CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT. 
"(a) AUTHORIZATION.—The Secretary, in consultation with the 
Secretary of Health and Human Services, may award grants (to 
be known as 'Foundations for Learning Grants') to local educational 
agencies, local councils, community-based organizations, and other 
public or nonprofit private entities to assist eligible children to 
become ready for school. 
"(b) APPLICATIONS.—To be eligible to receive a grant under 
this section, a local educational agency, local council, community-
based organization, or other public or nonprofit private entity, or 
a combination of such entities, shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require. The applica-
tion shall include each of the following: 
"(1) A description of the population that the applicant 
intends to serve and the types of services to be provided under 
the grant. 
"(2) A description of the manner in which services under 
the grant will be coordinated with existing similar services 
provided by public and nonprofit private entities within the 
State. 
"(3) An assurance that— 
"(A) services under the grant shall be provided by 
or under the supervision of qualified professionals with 
expertise in early childhood development; 
"(B) such services shall be culturally competent; 
"(C) such services shall be provided in accordance with 
subsection (c); 
"(D) funds received under this section shall be used 
to supplement, and not supplant, non-Federal funds; and 
"(E) parents of students participating in services under 
this section will be involved in the design and implementa-
tion of the services. 
"(c) USES OF FUNDS.—^A local educational agency, local council, 
community-based organization, or other public or nonprofit private 
entity that receives funds under this section may use such funds 
to benefit eligible children, for one or more of the following: 
"(1) To deliver services to eligible children and their fami-
lies that'foster eligible children's emotional, behavioral, and 
social development and take into consideration the characteris-
tics described in subsection (f)( 1). 
"(2) To coordinate and facilitate access by eligible children 
and their families to the services available through community 
115 STAT. 1854 
PUBLIC LAW 107-110—JAN. 8, 2002 
resources, including mental health, physical health, substance 
abuse, educational, domestic violence prevention, child welfare, 
and social services. 
"(3) To provide ancillary services such as transportation 
or child care in order to facilitate the delivery of any other 
services or activities authorized by this section. 
"(4) To develop or enhance early childhood community part-
nerships and build toward a community system of care that 
brings together child-serving agencies or organizations to pro-
vide individualized supports for eligible children and their fami-
lies. 
"(5) To evaluate the success of strategies and services pro-
vided pursuant to this section in promoting young children's 
successful entry to school and to maintain data systems 
required for effective evaluations. 
"(6) To pay for the expenses of administering the activities 
authorized under this section, including assessment of chil-
dren's eligibility for services. 
"(d) LIMITATIONS.— 
"(1) SERVICES NOT OTHERWISE FUNDED.—^A local educational 
agency, local council, community-based organization, or other 
public or nonprofit private entity may use funds under this 
section only to pay for services that cannot be paid for using 
other Federal, State, or local public resources or through private 
insurance. 
"(2) ADMINISTRATIVE EXPENSES.—^A grantee may 
not 
use 
more than 3 percent of the amount of the grant to pay the 
administrative expenses described in subsection (c)(6). 
"(e) EVALUATIONS.—The Secretary shall directly evaluate, or 
enter into a contract for an outside evaluation of, each program 
carried out under this section and shall disseminate the findings 
with respect to such evaluation to appropriate public and private 
entities. 
"(f) DEFINITIONS.—In this section: 
"(1) ELIGIBLE CHILD.—The term 'eligible child' means a 
child who has not attained the age of 7 years, and to whom 
two or more of the following characteristics apply: 
"(A) The child has been abused, maltreated, or 
neglected. 
"(B) The child has been exposed to violence. 
"(C) The child has been homeless. 
"(D) The child has been removed from child care. Head 
Start, or preschool for behavioral reasons or is at risk 
of being so removed. 
"(E) The child has been exposed to parental depression 
or other mental illness. 
"(F) The family income with respect to the child is 
below 200 percent of the poverty line. 
"(G) The child has been exposed to parental substance 
abuse. 
"(H) The child has had early behavioral and peer rela-
tionship problems. 
"(I) The child had a low birth weight. 
"(J) The child has a cognitive deficit or developmental 
disability. 
"(2) LOCAL COUNCIL.—The term 'local council' means a 
council that is established or designated by a local government 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1855 
entity, Indian tribe, regional corporation, or native Hawaiian 
entity, as appropriate, which is composed of representatives 
of local agencies directly affected by early learning programs, 
parents, key community leaders, and other individuals con-
cerned with early learning issues in the locality, such as 
elementary education, child care resource and referral services, 
early learning opportunities, child care, and health services. 
"(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term 
'provider of early childhood services' means a public or private 
entity that has regular contact with yoimg children, including 
child welfare agencies, child care providers, Head Start and 
Early 
Head 
Start 
providers, 
preschools, 
kindergartens, 
libraries, mental health professionals, family courts, homeless 
shelters, and primary care providers. 
"Subpart 15—^Arts in Education 
"SEC. 5551. ASSISTANCE FOR ARTS EDUCATION. 
20 USC 7271. 
"(a) PURPOSES.—The purposes of this subpart are the following: 
"(1) To support systemic education reform by strengthening 
arts education as an integral part of the elementary school 
and secondary school curriculum. 
"(2) To help ensure that all students meet challenging 
State academic content standards and challenging State stu-
dent academic achievement standards in the arts. 
"(3) To support the national effort to enable all students 
to demonstrate competence in the arts. 
"(b) AUTHORITY.—^The Secretary is authorized to make grants 
to, or enter into contracts or cooperative agreements with, eligible 
entities described in subsection (c). 
"(c) ELIGIBLE ENTITIES.—^The Secretary may make assistance 
available under subsection (b) to each of the following eligible 
entities: 
"(1) State educational agencies. 
"(2) Local educational agencies. 
"(3) Institutions of higher education. 
"(4) Museums or other cultural institutions. 
"(5) Any other public or private agencies, institutions, or 
organizations. 
"(d) USE OF FUNDS.—^Assistance made available under this 
subpart may be used for any of the following: 
"(1) Research on arts education. 
"(2) Planning, developing, acquiring, expanding, improving, 
or disseminating information about model school-based arts 
education programs. 
"(3) The development of model State arts education assess-
ments based on State academic achievement standards. 
"(4) The development and implementation of curriculum 
frameworks for arts education. 
"(5) The development of model inservice professional 
development programs for arts educators and other instruc-
tional staff. 
"(6) Supporting collaborative activities with Federal agen-
cies or institutions involved in arts education, arts educators, 
and organizations representing the arts, including State and 
local arts agencies involved in arts education. 
115 STAT. 1856 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(7) Supporting model projects and programs in the per-
forming arts for children and youth through arrangements 
made with the John F. Kennedy Center for the Performing 
Arts. 
"(8) Supporting model projects and programs by Very Spe-
cial Arts which assure the participation in mainstream settings 
in arts and education programs of individuals with disabilities. 
"(9) Supporting model projects and programs to integrate 
arts education into the regular elementary school and secondary 
school curriculum. 
"(10) Other activities that further the purposes of this 
subpart. 
"(e) SPECIAL RULE.—If the amount made available to the Sec-
retary to carry out this subpart for any fiscal year is $15,000,000 
or less, then such amount shall only be available to carry out 
the activities described in paragraphs (7) and (8) of subsection 
(d). 
"(f) CONDITIONS.—^As conditions of receiving assistance made 
available under this subpart, the Secretary shall require each entity 
receiving such assistance— 
"(1) to coordinate, to the extent practicable, each project 
or program carried out with such assistance with appropriate 
activities of public or private cultural agencies, institutions, 
and organizations, including museums, arts education associa-
tions, libraries, and theaters; and 
"(2) to use such assistance only to supplement, and not 
to supplant, any other assistance or funds made available from 
non-Federal sources for the activities assisted under this sub-
part. 
"(g) CONSULTATION.—In carrying out this subpart, the Secretary 
shall consult with Federal agencies or institutions, arts educators 
(including professional arts education associations), and organiza-
tions representing the arts (including State and local arts agencies 
involved in arts education). 
"Subpart 16—Parental Assistance and Local 
Family Information Centers 
20 use 7273. 
"SEC. 5561. PURPOSES. 
"The purposes of this subpart are the following: 
"(1) To provide leadership, technical assistance, and finan-
cial support to nonprofit organizations (including statewide non-
profit organizations) and local educational agencies to help 
the organizations and agencies implement successful and effec-
tive parental involvement policies, programs, and activities that 
lead to improvements in student academic achievement. 
"(2) To strengthen partnerships among parents (including 
parents of children from birth through age 5), teachers, prin-
cipals, administrators, and other school personnel in meeting 
the educational needs of children. 
"(3) To develop and strengthen the relationship between 
parents and their children's school. 
"(4) To further the developmental progress of children 
assisted under this subpart. 
"(5) To coordinate activities funded under this subpart with 
parental involvement initiatives funded under section 1118 and 
other provisions of this Act. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1857 
"(6) To provide a comprehensive approach to improving 
student learning, through coordination and integration of Fed-
eral, State, and local services and programs. 
"SEC. 5562. GRANTS AUTHORIZED. 
"(a) 
PARENTAL INFORMATION AND RESOURCE CENTERS.—The 
Secretary is authorized to award grants in each fiscal year to 
nonprofit organizations (including statewide nonprofit organiza-
tions), and consortia of such organizations and local educational 
agencies, to establish school-linked or school-based 
parental 
information and resource centers that provide comprehensive 
training, information, and support to— 
"(1) parents of children enrolled in elementary schools and 
secondary schools; 
"(2) individuals who work with the parents of children 
enrolled in elementary schools and secondary schools; 
"(3) State educational agencies, local educational agencies, 
schools, organizations that support family-school partnerships 
(such as parent-teacher associations and Parents as Teachers 
organizations), and other organizations that carry out parent 
education and family involvement programs; and 
"(4) parents of children from birth through age 5. 
"(b) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this 
subpart, the Secretary shall, to the extent practicable, ensure that 
such grants are distributed in all geographic regions of the United 
States. 
"SEC. 5563. APPLICATIONS. 
"(a) SUBMISSION.—Each nonprofit organization (including a 
statewide nonprofit organization), or a consortia of such an 
organization and a local educational agency, that desires a grant 
under this subpart shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information 
as the Secretary may require. 
"(b) CONTENTS.—Each application submitted under subsection 
(a), at a minimum, shall include assurances that the organization 
or consortium will— 
"(1)(A) be governed by a board of directors the membership 
of which includes parents; or 
"(B) be an organization or consortium that represents the 
interests of parents; 
"(2) establish a special advisory committee the membership 
of which includes— 
"(A) parents of children enrolled in elementary schools 
and secondary schools, who shall constitute a majority 
of the members of the special advisory committee; 
"(B) representatives of education professionals with 
expertise in improving services for disadvantaged children; 
and 
"(C) representatives of local elementary schools Eind 
secondary schools, including students and representatives 
from local youth organizations; 
"(3) use at least 50 percent of the funds received under 
this subpart in each fiscal year to serve areas with high con-
centrations of low-income families, in order to serve parents 
who are severely educationally or economically disadvantaged; 
20 use 7273a. 
20 use 7273b. 
115 STAT. 1858 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(4) operate a center of sufficient size, scope, and quality 
to ensure that the center is adequate to serve the parents 
in the area; 
"(5) serve both urban and rural areas; 
"(6) design a center that meets the unique training, 
information, and support needs of parents of children enrolled 
in elementary schools and secondary schools, particularly such 
parents who are educationally or economically disadvantaged; 
"(7) demonstrate the capacity and expertise to conduct 
the effective training, information, and support activities for 
which assistance is sought; 
"(8) network with— 
"(A) local educational agencies and schools; 
"(B) parents of children enrolled in elementary schools 
and secondary schools; 
"(C) parent training and information centers assisted 
under section 682 of the Individuals with Disabilities Edu-
cation Act; 
"(D) clearinghouses; and 
"(E) other organizations and agencies; 
"(9) focus on serving parents of children enrolled in 
elementary schools and secondary schools who are parents of 
low-income, minority, and limited English proficient children; 
"(10) use at least 30 percent of the funds received under 
this subpart in each fiscal year to establish, expand, or operate 
Parents as Teachers programs. Home Instruction for Preschool 
Youngsters programs, or other early childhood parent education 
programs; 
"(11) provide assistance to parents in areas such as 
understandingState and local standards and measures of stu-
dent and school academic achievement; 
"(12) work with State educational agencies and local edu-
cational agencies to determine parental needs and the best 
means for delivery of services; 
"(13) identify and coordinate Federal, State, and local serv-
ices and programs that support improved student learning, 
including programs supported under this Act, violence preven-
tion programs, nutrition programs, housing programs. Head 
Start programs, adult education, and job training; and 
"(14) work with and foster partnerships with other agencies 
that provide programs and deliver services described in para-
graph (13) to make such programs and services more accessible 
to children and families. 
20 u s e 7273c. 
"SEC. 5564. USES OF FUNDS. 
"(a) IN GENERAL.—Grant funds received under this subpart 
shall be used for one or more of the following: 
"(1) To assist parents in participating effectively in their 
children's education and to help their children meet State and 
local standards, such as assisting parents— 
"(A) to engage in activities that will improve student 
academic 
achievement, 
including 
understanding 
the 
accountability systems in place within their State edu-
cational agency and local educational agency and under-
standing their children's educational academic achievement 
in comparison to State and local standards; 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1859 
"(B) to provide follow-up support for their children's 
educational achievement; 
"(C) to communicate effectively with teachers, prin-
cipals, counselors, administrators, and other school per-
sonnel; 
"(D) to become active participants in the development, 
implementation, and review of school-parent compacts, 
parent involvement policies, and school planning and 
improvement; 
"(E) to participate in the design and provision of assist-
ance to students who are not making adequate academic 
progress; 
"(F) to participate in State and local decisionmaking; 
and 
"(G) to train other parents (such as training related 
to Parents as Teachers activities). 
"(2) To obtain information about the range of options, pro-
grams, services, and resources available at the national. State, 
and local levels to assist parents and school personnel who 
work with parents. 
"(3) To help the parents learn and use the technology 
applied in their children's education. 
"(4) To plan, implement, and fund activities for parents 
that coordinate the education of their children with other Fed-
eral, State, and local services and programs that serve their 
children or their families. 
"(5) To provide support for State or local educational per-
sonnel, if the participation of such personnel will further the 
activities assisted under the grant. 
"(6) To coordinate and integrate early childhood programs 
with school-age programs. 
"(b) PERMISSIVE ACTIVITIES.—Grant funds received under this 
subpart may be used to assist schools with activities including 
one or more of the following: 
"(1) Developing and implementing the schools' plans or 
activities under sections 1118 and 1119. 
"(2) Developing and implementing school improvement 
plans, including addressing problems that develop in the 
implementation of the schools' plans or activities under sections 
1118 and 1119. 
"(3) Providing information about assessment and individual 
results to parents in a manner and a language the family 
can understand. 
"(4) Coordinating the efforts of Federal, State, and local 
parent education and family involvement initiatives. 
"(5) Providing training, information, and support to— 
"(A) State educational agencies; 
"(B) local educational agencies and schools, especially 
low-performing local educational agencies and schools; and 
"(C) organizations that support family-school partner-
ships. 
"SEC. 5565. ADMINISTRATIVE PROVISIONS. 
20 USC 7273d. 
"(a) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal 
year after the first fiscal year in which an organization or consor-
tium receives assistance under this subpart, the organization or 
consortium shall demonstrate in the application submitted for such 
115 STAT. 1860 
PUBLIC LAW 107-110—JAN. 8, 2002 
fiscal year, that a portion of the services provided by the organiza-
tion or consortium is supported through non-Federal contributions, 
which contributions may be in cash or in kind. 
"(b) SUBMISSION OF INFORMATION.— 
"(1) 
IN GENERAL.—Each 
organization 
or 
consortium 
receiving assistance under this subpart shall submit to the 
Secretary, on an annual basis, information concerning the 
parental information and resource centers assisted under this 
subpart, including the following information: 
"(A) The number of parents (including the number 
of minority and limited English proficient parents) who 
receive information and training. 
"(B) The types and modes of training, information, 
and support provided under this subpart. 
"(C) The strategies used to reach and serve parents 
of minority and limited English proficient children, parents 
with limited literacy skills, and other parents in need of 
the services provided under this subpart. 
"(D) The parental involvement policies and practices 
used by the center and an evaluation of whether such 
policies and practices are effective in improving home-
school communication, student academic achievement, stu-
dent and school academic achievement, and parental 
involvement in school planning, review, and improvement. 
"(E) The effectiveness of the activities that local edu-
cational agencies and schools are carrying out, with regard 
to parental involvement and other activities assisted under 
this Act, that lead to improved student academic achieve-
ment and improved student and school academic achieve-
ment. 
"(2) DISSEMINATION.—The Secretary shall 
disseminate 
annually to Congress and the public the information that each 
organization or consortium submits under paragraph (1). 
"(c) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance, by grant or contract, for the establishment, 
development, and coordination of parent training, information, and 
support programs and parental information and resource centers. 
"(d) RULE OF CONSTRUCTION.—Nothing in this subpart shall 
be construed to prohibit a parental information and resource 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 subpart— 
"(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 edu-
cation or developmental screening under this subpart; and 
"(2) no program or center assisted under this subpart shall 
take any action that infringes in any manner on the right 
of a parent to direct the education of their children. 
"(f) CONTINUATION OF AWARDS.—The Secretary shall use funds 
made available under this subpart to continue to make grant or 
contract payments to each entity that was awarded a multiyear 
grant or contract under title IV of the Goals 2000: Educate America 
Act (as such title was in effect on the day before the date of 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1861 
enactment of the No Child Left Behind Act of 2001) for the duration 
of the gramt or contract award. 
"SEC. 5566. LOCAL FAMILY INFORMATION CENTERS. 
20 USC 7273e. 
"(a) IN GENERAL.—If the amount made available to carry out 
this subpart for a fiscal year is more than $50,000,000, the Secretary 
is authorized to award 50 percent of the amount that exceeds 
$50,000,000 as grants to, and enter into contracts and cooperative 
agreements with, local nonprofit parent organizations to enable 
the organizations to support local family information centers that 
help ensure that parents of students in elementary schools and 
secondary schools assisted under this subpart have the training, 
information, and support the parents need to enable the parents 
to participate effectively in their children's early childhood edu-
cation, in their children's elementary and secondary education, and 
in helping their children to meet challenging State academic content 
and student academic achievement standards. 
"(b) 
LOCAL NONPROFIT PARENT ORGANIZATION DEFINED.—In 
this section, the term 'local nonprofit parent organization' means 
a private nonprofit organization (other than an institution of higher 
education) that— 
"(1) has a demonstrated record of working with low-income 
individuals and parents; 
"(2)(A) has a board of directors, the majority of whom 
are parents of students in elementary schools and secondary 
schools assisted under part A of title I and located in the 
geographic area to be served by a local family information 
center; or 
"(B) has a special governing committee to direct and imple-
ment a local family information center, a majority of the mem-
bers of whom are parents of students in schools assisted under 
part A of title I; and 
"(3) is located in a community with elementary schools 
and secondary schools that receive funds under part A of title 
I, and is accessible to the families of students in those schools. 
"Subpart 17—Combatting Domestic Violence 
"SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR 
20 USC 7275. 
WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY 
AND SECONDARY SCHOOL CHILDREN. 
"(a) DEFINITIONS.—In this section: 
"(1) DOMESTIC VIOLENCE.—The term 'domestic violence' has 
the meaning given that term in section 2003 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2). 
"(2) EXPERT.—The term 'expert' means— 
"(A) an expert on domestic violence, sexual assault, 
and child abuse from the educational, legal, youth, mental 
health, substance abuse, or victim advocacy field; and 
"(B) a State or local domestic violence coalition or 
community-based youth organization. 
"(3) WITNESS DOMESTIC VIOLENCE.— 
"(A) IN GENERAL.—The term 'witness domestic violence' 
means to witness— 
"(i) an act of domestic violence that constitutes 
actual or attempted physical assault; or 
115 STAT. 1862 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) a threat or other action that places the victim 
in fear of domestic violence. 
"(B) WITNESS.—In subparagraph (A), the term 'witness' 
means— 
"(i) to directly observe an act, threat, or action 
described in subparagraph (A), or the aftermath of 
that act, threat, or action; or 
"(ii) to be within earshot of an act, threat, or 
action described in subparagraph (A), or the aftermath 
of that act, threat, or action. 
"(b) GRANTS AUTHORIZED.— 
"(1) AUTHORITY.—The Secretary is authorized to award 
grants to local educational agencies that work with experts 
to enable the elementary schools and secondary schools served 
by the local educational agency— 
"(A) to provide training to school administrators, fac-
ulty, and staff, with respect to issues concerning children 
who experience domestic violence in dating relationships 
or who witness domestic violence, and the impact of the 
violence on the children; 
"(B) to provide educational programming for students 
regarding domestic violence and the impact of experiencing 
or witnessing domestic violence on children; 
"(C) to provide support services for students and school 
personnel to develop and strengthen effective prevention 
and intervention strategies with respect to issues con-
cerning children who experience domestic violence in dating 
relationships or who witness domestic violence, and the 
impact of the violence on the children; and 
"(D) to develop and implement school system policies 
regarding appropriate and safe responses to, identification 
of, and referral procedures for, students who are experi-
encing or witnessing domestic violence. 
"(2) AWARD BASIS.—The Secretary is authorized to award 
grants under this section— 
"(A) on a competitive basis; and 
"(B) in a manner that ensures that such grants are 
equitably distributed among local educational agencies 
located in rural, urban, and suburban areas. 
"(3) POLICY DISSEMINATION.—The Secretary shall dissemi-
nate to local educational agencies any Department policy guid-
ance regarding the prevention of domestic violence and the 
impact on children of experiencing or witnessing domestic 
violence. 
"(c) USES OF FUNDS.—Funds made available to carry out this 
subpart may be used for one or more of the following purposes: 
"(1) To provide training for elementary school and sec-
ondary school administrators, faculty, and staff that addresses 
issues concerning elementary school and secondary school stu-
dents who experience domestic violence in dating relationships 
or who witness domestic violence, and the impact of such 
violence on those students. 
"(2) To provide education programs for elementary school 
and secondary school students that are developmentally appro-
priate for the students' grade levels and are designed to meet 
any unique cultural and language needs of the particular stu-
dent populations. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1863 
"(3) To develop and implement elementary school and sec-
ondary school system policies regarding— 
"(A) appropriate and safe responses to, identification 
of, and referral procedures for, students who are experi-
encing or witnessing domestic violence; and 
"(B) to develop and implement policies on reporting 
and referral procedures for those students. 
"(4) To provide the necessary human resources to respond 
to the needs of elementary school and secondary school students 
and personnel who are faced with the issue of domestic violence, 
such as a resource person who is either on-site or on-call 
and who is an expert. 
"(5) To provide media center materials and educational 
materials to elementary schools and secondary schools that 
address issues concerning children who experience domestic 
violence in dating relationships or who witness domestic 
violence, and the impact of the violence on those children. 
"(6) To conduct evaluations to assess the impact of pro-
grams and policies assisted under this subpart in order to 
enhance the development of the programs. 
"(d) CONFIDENTIALITY.—Policies, programs, training materials, 
and evaluations developed and implemented under subsection (c) 
shall address issues of safety and confidentiality for the victim 
and the victim's family in a manner consistent with applicable 
Federal and State laws. 
"(e) APPLICATION.—To be eligible for a grant under this section 
for a fiscal year, a local educational agency, in consultation with 
an expert, shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require. The application shall include each of the 
following: 
"(1) A description of the need for funds provided under 
the grant and the plan for implementation of any of the activi-
ties described in subsection (c). 
"(2) A description of how the experts will work in consulta-
tion and collaboration with the local educational agency. 
"(3) Measurable objectives for, and expected results from, 
the use of the funds provided under the grant. 
"(4) Provisions for appropriate remuneration for collabo-
rating partners. 
"Subpart 18—Healthy, High-Performance Schools 
"SEC. 5581. GRANT PROGRAM AUTHORIZED. 
20 USC 7277. 
"The Secretary, in consultation with the Secretary of Energy 
and the Administrator of the Environmental Protection Agency, 
is authorized to award grants to State educational agencies to 
permit such State educational agencies to carry out section 5582. 
"SEC. 5582. STATE USES OF FUNDS. 
20 USC 7277a. 
"(a) SUBGRANTS.— 
"(1) IN GENERAL.—A State educational agency receiving 
a grant under this subpart shall use funds made available 
under the grant to award subgrants to local educational agen-
cies to permit such local educational agencies to carry out 
the activities described in section 5583. 
115 STAT. 1864 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(2) LIMITATION.—^A State educational agency shall award 
subgrants under this subsection to local educational agencies 
that are the neediest, as determined by the State, and that 
have made a commitment to develop healthy, high-performance 
school buildings in accordance with the plan developed and 
approved under paragraph (3)(A). 
"(3) IMPLEMENTATION.— 
"(A) PLANS.—^A State educational agency shall award 
subgrants under this subsection only to local educational 
agencies that, in consultation with the State educational 
agency and State agencies with responsibilities relating 
to energy and health, have developed plans that the State 
educational agency determines to be feasible and appro-
priate in order to achieve the purposes for which the sub-
grants are made. 
"(B) SUPPLEMENTING GRANT FUNDS.—The State edu-
cational agency shall encourage local educational agencies 
that receive subgrants under this subsection to supplement 
their subgrant funds with funds from other sources in 
order to implement their plans. 
"(b) ADMINISTRATION.—^A State educational agency receiving 
a grant under this subpart shall use the grant funds made available 
under this subpart for one or more of the following: 
"(1) To evaluate compliance by local educational agencies 
with the requirements of this subpart. 
"(2) To distribute information and materials on healthy, 
high-performance school buildings for both new and existing 
facilities. 
"(3) To organize and conduct programs for school board 
members, school district personnel, and others to disseminate 
information on healthy, high-performance school buildings. 
"(4) To provide technical services and assistance in plan-
ning and designing healthy, high-performance school buildings. 
"(5) To collect and monitor information pertaining to 
healthy, high-performance school building projects. 
20 use 7277b. 
"SEC. 5583. LOCAL USES OF FUNDS. 
"(a) IN GENERAL.—^A local educational agency that receives 
a subgrant under section 5582(a) shall use the subgrant funds 
to plan and prepare for healthy, high-performance school building 
projects that— 
"(1) reduce energy use to at least 30 percent below that 
of a school constructed in compliance with standards prescribed 
in chapter 8 of the 2000 International Energy Conservation 
Code, or a similar State code intended to achieve substantially 
equivalent results; 
"(2) meet Federal and State health and safety codes; and 
"(3) support healthful, energy efficient, and environ-
mentally sound practices. 
"(b) USE OF FUNDS.—^A local educational agency that receives 
a subgrant under section 5582(a) shall use funds for one or more 
of the following: 
"(1) To develop a comprehensive energy audit of the energy 
consumption characteristics of a building and the need for 
additional energy conservation measures necessary to allow 
schools to meet the guidelines set out in subsection (a). 
»,T»^<^*te» 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1865 
"(2) To produce a comprehensive analysis of building strate-
gies, designs, materials, and equipment that— 
"(A) are cost effective, produce greater energy effi-
ciency, and enhance indoor air quality; and 
"(B) can be used when conducting school construction 
and renovation or purchasing materials and equipment. 
"(3) To obtain research and provide technical services and 
assistance in planning and designing healthy, high-performance 
school 
buildings, 
including 
developing 
a 
timeline 
for 
implementation of such plans. 
"SEC. 5584. REPORT TO CONGRESS. 
20 USC 7277c. 
"The Secretary shall conduct a biennial review of State actions 
implementing this subpart and carrying out the plans developed 
under this subpart through State and local funding, and shall 
submit a report to Congress on the results of such reviews. 
"SEC. 5585. LIMITATIONS. 
20 USC 7277d. 
"No funds received under this subpart may be used for any 
of the following: 
"(1) Pajonent of maintenance of costs in connection with 
any projects constructed in whole or in part with Federal funds 
provided under this subpart. 
"(2) Construction, renovation, or repair of school facilities. 
"(3) Construction, renovation, repair, or acquisition of a 
stadium or other facility primarily used for athletic contests 
or exhibitions, or other events for which admission is charged 
to the general public. 
"SEC. 
5586. 
HEALTHY, 
HIGH-PERFORMANCE 
SCHOOL 
BUILDING 
20 USC 7277e. 
DEFINED. 
"In this subpart, the term 'healthy, high-performance school 
building' means a school building in which the design, construction, 
operation, and maintenance— 
"(1) use energy-efficient and affordable practices and mate-
rials; 
"(2) are cost-effective; 
"(3) enhance indoor air quality; and 
"(4) protect and conserve water. 
"Subpart 19—Grants for Capital Expenses of Pro-
viding Equitable Services for Private School 
Students 
"SEC. 5591. GRANT PROGRAM AUTHORIZED. 
20 USC 7279. 
"The Secretary is authorized to award grants to State edu-
cational agencies, from allotments made under section 5593, to 
enable the State educational agencies to award subgrants to local 
educational agencies to pay for capital expenses in accordance with 
this subpart. 
"SEC. 5592. USES OF FUNDS. 
20 USC 7279a. 
"A local educational agency that receives a subgrant under 
this subpart shall use the subgrant funds only to pay for capital 
expenses incurred in providing equitable services for private school 
students under section 1120. 
115 STAT. 1866 
PUBLIC LAW 107-110-JAN. 8, 2002 
20 u s e 7279b. 
"SEC. 5593. ALLOTMENTS TO STATES. 
"From the funds made available to carry out this subpart 
for a fiscal year, the Secretary shall allot to each State an amount 
that bears the same ratio to the funds made available as the 
number of private school students who received services under 
part A of title I in the State in the most recent year for which 
data, satisfactory to the Secretary, are available bears to the 
number of such students in all States in such year. 
20 u s e 7279c. 
"SEC. 5594. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 
"(a) APPLICATIONS.—^A local educational agency that desires 
to receive a subgrant under this subpart shall submit an application 
to the State educational agency involved at such time, in such 
manner, and containing such information as the State educational 
agency may require. 
"(b) DISTRIBUTION.—^A State educational agency shall award 
subgrants to local educational agencies within the State based 
on the degree of need set forth in their respective applications 
submitted under subsection (a). 
20 u s e 7279d. 
"SEC. 5595. CAPITAL EXPENSES DEFINED. 
"In this subpart, the term 'capital expenses' means— 
"(1) expenditures for noninstructional goods and services, 
such as the purchase, lease, or renovation of real and personal 
property, including mobile educational units and leasing of 
neutral sites or spaces; 
"(2) insurance and maintenance costs; 
"(3) transportation; and 
"(4) other comparable goods and services. • 
20 u s e 7279e. 
"SEC. 5596. TERMINATION. 
"The authority provided by this subpart terminates effective 
October 1, 2003. 
"Subpart 20—^Additional Assistance for Certain 
Local Educational Agencies Impacted by Fed-
eral Property Acquisition 
20 u s e 7281. 
"SEC. 5601. RESERVATION. 
"The Secretary is authorized to provide additional assistance 
to meet special circumstances relating to the provision of education 
in local educational agencies eligible to receive assistance under 
section 8002. 
20 u s e 7281a. 
"SEC. 5602. ELIGIBILITY. 
"A local educational agency is eligible to receive additional 
assistance under this subpart only if such agency— 
"(1) received a payment under both section 8002 and section 
8003(b) for fiscal year 1996 and is eligible to receive payments 
under those sections for the year of application; 
"(2) provided a free public education to children described 
under subparagraph (A), (B), or (D) of section 8003(a)(1); 
"(3) had 
a military 
installation 
located within 
the 
geographic boundaries of the local educational agency that was 
closed as a result of base closure or realignment and, at the 
time at which the agency is applying for a payment under 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1867 
this subpart, the agency does not have a miUtary installation 
located within its geographic boundaries; 
"(4) remains responsible for the free public education of 
children residing in housing located on Federal property within 
the boundaries of the closed military installation but whose 
parents are on active duty in the uniformed services and 
assigned to a military activity located within the boundaries 
of an adjoining local educational agency; and 
"(5) demonstrates to the satisfaction of the Secretary that 
such agency's per-pupil revenue derived from local sources for 
current expenditures is not less than that revenue for the 
preceding fiscal year. 
"SEC. 5603. MAXIMUM AMOUNT. 
"(a) MAXIMUM AMOUNT.—The maximum amount that a local 
educational agency is eligible to receive under this subpart for 
any fiscal year, when combined with its payment under section 
8002(b), shall not be more than 50 percent of the maximum amount 
determined under section 8002(b). 
"(b) INSUFFICIENT FUNDS.—If funds appropriated under section 
5401 are insufficient to pay the amount determined under sub-
section (a), the Secretary shall ratably reduce the payment to each 
local educational agency eligible under this subpart. 
"(c) EXCESS FUNDS.—If funds appropriated under section 5401 
are in excess of the amount determined under subsection (a), the 
Secretary shall ratably distribute any excess funds to all local 
educational agencies eligible for payment under section 8002(b). 
"Subpart 21—Women's Educational Equity Act 
"SEC. 5611. SHORT TITLE AND FINDINGS. 
"(a) SHORT TITLE.—This subpart may be cited as the 'Women's 
Educational Equity Act of 2001'. 
"(b) FINDINGS.—Congress finds that— 
"(1) since the enactment of title IX of the Education Amend-
ments of 1972, women and girls have made strides in edu-
cational achievement and in their ability to avail themselves 
of educational opportunities; 
"(2) because of funding provided under the Women's Edu-
cational Equity Act of 2001, more curricula, training, and other 
educational materials concerning educational equity for women 
and girls are available for national dissemination; 
"(3) teaching and learning practices in the United States 
are frequently inequitable as such practices relate to women 
and girls, for example— 
"(A) sexual harassment, particularly that experienced 
by girls, undermines the ability of schools to provide a 
safe and equitable learning or workplace environment; 
"(B) classroom textbooks and other educational mate-
rials do not sufficiently reflect the experiences, achieve-
ments, or concerns of women and, in most cases, are not 
written by women or persons of color; 
"(C) girls do not take as many mathematics and science 
courses as boys, girls lose confidence in their mathematics 
and science ability as girls move through adolescence, and 
there are few women role models in the sciences; and 
20 u s e 7281b. 
Women's 
Educational 
Equity Act of 
2001. 
20 u s e 7283. 
115 STAT. 1868 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(D) pregnant and parenting teenagers are at high 
risk for dropping out of school and existing dropout preven-
tion programs do not adequately address the needs of such 
teenagers; 
"(4) efforts to improve the quality of public education also 
must include efforts to ensure equal access to quality education 
programs for all women and girls; 
"(5) Federal support should address not only research and 
development of innovative model curricula and teaching and 
learning strategies to promote gender equity, but should also 
assist schools and local communities implement gender equi-
table practices; 
"(6) Federal assistance for gender equity must be tied to 
systemic reform, involve collaborative efforts to implement 
effective gender practices at the local level, and encourage 
parental participation; and 
"(7) excellence in education, high educational achievements 
and standards, and the full participation of women and girls 
in American society, cannot be achieved without educational 
equity for women and girls. 
20 use 7283a. 
"SEC. 5612. STATEMENT OF PURPOSE. 
"It is the purpose of this subpart— 
"(1) to promote gender equity in education in the United 
States; 
"(2) to provide financial assistance to enable educational 
agencies and institutions to meet the requirements of title 
IX of the Educational Amendments of 1972; and 
"(3) to promote equity in education for women and girls 
who suffer from multiple forms of discrimination based on 
sex, race, ethnic origin, limited English proficiency, disability, 
or age. 
20 use 7283b. 
"SEC. 5613. PROGRAMS AUTHORIZED. 
"(a) IN GENERAL.—The Secretary is authorized— 
"(1) to promote, coordinate, and evaluate gender equity 
policies, programs, activities, and initiatives in all Federal edu-
cation programs and offices; 
"(2) to develop, maintain, and disseminate materials, 
resources, analyses, and research relating to education equity 
for women and girls; 
"(3) to provide information and technical assistance to 
assure the effective implementation of gender equity programs; 
"(4) to coordinate gender equity programs and activities 
with other Federal agencies with jurisdiction over education 
and related programs; 
"(5) to assist the Assistant Secretary of the Office of Edu-
cational Research and Improvement in identifying research 
priorities related to education equity for women and girls; and 
"(6) to perform any other activities consistent with 
achieving the purposes of this subpart. 
"(b) GRANTS AUTHORIZED.— 
"(1) IN GENERAL.—The Secretary is authorized to award 
grants to, and enter into contracts and cooperative agreements 
with, public agencies, private nonprofit agencies, organizations, 
institutions, student groups, community groups, and individ-
uals, for a period not to exceed 4 years, to— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1869 
"(A) provide grants to develop model equity programs; 
and 
"(B) provide funds for the implementation of equity 
programs in schools throughout the Nation. 
"(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the 
purposes of this subpart, the Secretary is authorized to provide 
support and technical assistance— 
"(A) to implement effective gender-equity policies and 
programs at all educational levels, including— 
"(i) assisting educational agencies and institutions 
to implement policies and practices to comply with 
title IX of the Education Amendments of 1972; 
"(ii) training for teachers, counselors, administra-
tors, and other school personnel, especially preschool 
and elementary school personnel, in gender equitable 
teaching and learning practices; 
"(iii) leadership training for women and girls to 
develop professional and marketable skills to compete 
in the global marketplace, improve self-esteem, and 
benefit from exposure to positive role models; 
"(iv) school-to-work transition programs, guidance 
and counseling activities, and other programs to 
increase opportunities for women and girls to enter 
a technologically demanding workplace and, in par-
ticular, to enter highly skilled, high paying careers 
in which women and girls have been underrepresented; 
"(v) enhancing educational and career opportuni-
ties for those women and girls who suffer multiple 
forms of discrimination, based on sex, and on race, 
ethnic origin, limited English proficiency, disability, 
socioeconomic status, or age; 
"(vi) assisting pregnant students and students 
rearing children to remain in or to return to secondary 
school, graduate, and prepare their preschool children 
to start school; 
"(vii) evaluating exemplary model programs to 
assess the ability of such programs to advance edu-
cational equity for women and girls; 
"(viii) introduction into the classroom of textbooks, 
curricula, and other materials designed to achieve 
equity for women and girls; 
"(ix) programs and policies to address sexual 
harassment and violence against women and girls and 
to ensure that educational institutions are free from 
threats to the safety of students and personnel; 
"(x) nondiscriminatory 
tests of aptitude 
and 
achievement and of alternative assessments that elimi-
nate biased assessment instruments from use; 
"(xi) programs to increase educational opportuni-
ties, including higher education, vocational training, 
and other educational programs for low-income women, 
including underemployed and unemployed women, and 
women receiving assistance under a State program 
funded under part A of title IV of the Social Security 
Act; 
"(xii) programs to improve representation of 
women in educational administration at all levels; and 
115 STAT. 1870 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(xiii) 
planning, 
development, 
and 
initial 
implementation of— 
"(I) comprehensive institutionwide or district-
wide evaluation to assess the presence or absence 
of gender equity in educational settings; 
"(11) comprehensive plans for implementation 
of equity programs in State educational agencies 
and local educational agencies and institutions of 
higher education, including community colleges; 
and 
"(III) innovative approaches to school-commu-
nity partnerships for educational equity; and 
"(B) for research and development, which shall be 
coordinated with each of the research institutes of the 
Office of Educational Research and Improvement to avoid 
duplication of research efforts, designed to advance gender 
equity nationwide and to help make policies and practices 
in educational agencies and institutions, and local commu-
nities, gender equitable, including— 
"(i) research and development of innovative strate-
gies and model training programs for teachers and 
other education personnel; 
"(ii) the development of high-quality and chal-
lenging assessment instruments that are nondiscrim-
inatory; 
"(iii) the development and evaluation of model cur-
ricula, textbooks, software, and other educational mate-
rials to ensure the absence of gender stereotyping and 
bias; 
"(iv) the development of instruments and proce-
dures that employ new and innovative strategies to 
assess whether diverse educational settings are gender 
equitable; 
"(v) the development of instruments and strategies 
for evaluation, dissemination, and replication of prom-
ising or exemplary programs designed to assist local 
educational agencies in integrating gender equity in 
their educational policies and practices; 
"(vi) updating high-quality educational materials 
previously developed through awards made under this 
subpart; 
"(vii) the development of policies and programs 
to address and prevent sexual harassment and violence 
to ensure that educational institutions are free from 
threats to safety of students and personnel; 
"(viii) the development and improvement of pro-
grams and activities to increase opportunity for women, 
including continuing educational activities, vocational 
education, and 
programs for low-income women, 
including underemployed and unemployed women, and 
women receiving assistance under the State program 
funded under part A of title IV of the Social Security 
Act; and 
"(ix) the development of guidance and counseling 
activities, 
including 
career 
education 
programs, 
designed to ensure gender equity. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1871 
"SEC. 5614. APPLICATIONS. 
"An application under this subpart shall— 
"(1) set forth policies and procedures that will ensure a 
comprehensive evaluation of the activities assisted under this 
subpart, including an evaluation of the practices, policies, and 
materials used by the applicant and an evaluation or estimate 
of the continued significance of the work of the project following 
completion of the award period; 
"(2) demonstrate how the applicant will address perceptions 
of gender roles based on cultural differences or stereotypes; 
"(3) for applications for assistance under section 5613(b)(1), 
demonstrate how the applicant will foster partnerships and, 
where applicable, share resources with State educational agen-
cies, local educational agencies, institutions of higher education, 
community-based 
organizations 
(including 
organizations 
serving 
women), 
parent, 
teacher, 
and 
student 
groups, 
businesses, or other recipients of Federal educational funding 
which may include State literacy resource centers; 
"(4) for applications for assistance under section 5613(b)(1), 
demonstrate how parental involvement in the project will be 
encouraged; and 
"(5) for applications for assistance under section 5613(b)(1), 
describe plans for continuation of the activities assisted under 
this subpart with local support following completion of the 
grant period and termination of Federal support under this 
subpart. 
"SEC. 5615. CRITERIA AND PRIORITIES. 
"(a) CRITERIA AND PRIORITIES.— 
"(1) IN GENERAL.—The Secretary shall establish separate 
criteria and priorities for awards under paragraphs (1) and 
(2) of section 5613(b) to ensure that funds under this subpart 
are used for programs that most effectively will achieve the 
purposes of this subpart. 
"(2) CRITERIA.—The criteria described in paragraph (1) may 
include the extent to which the activities assisted under this 
subpart— 
"(A) address the needs of women and girls of color 
and women and girls with disabilities; 
"(B) meet locally defined and documented educational 
equity needs and priorities, including compliance with title 
IX of the Education Amendments of 1972; 
"(C) are a significant component of a comprehensive 
plan for educational equity and compliance with title IX 
of the Education Amendments of 1972 in the particular 
school district, institution of higher education, vocational-
technical institution, or other educational agency or institu-
tion; and 
"(D) implement an institutional change strategy with 
long-term impact that will continue as a central activity 
of the applicant after the grant under this subpart has 
terminated. 
"(b) PRIORITIES.—In awarding grants under this subpart, the 
Secretary may give special consideration to applications— 
"(1) submitted by applicants that have not received assist-
ance under this subpart or this subpart's predecessor authori-
ties; 
20 u s e 7283c. 
20 u s e 7283d. 
115 STAT. 1872 
PUBLIC LAW lOT-llQ-^AN. 8, 2002 
20 use 7283e. 
Deadline. 
20 use 7283f. 
Deadline. 
"(2) for projects that will contribute significantly to directly 
improving teaching and learning practices in the local commu-
nity; and 
"(3) for projects that will— 
"(A) provide 
for 
a 
comprehensive 
approach 
to 
enhancing gender equity in educational institutions and 
agencies; 
"(B) draw on a variety of resources, including the 
resources of local educational agencies, community-based 
organizations, institutions of higher education, and private 
organizations; 
"(C) implement a strategy with long-term impact that 
will continue as a central activity of the applicant after 
the grant under this subpart has terminated; 
"(D) address issues of national significance that can 
be duplicated; and 
"(E) address the educational needs of women and girls 
who suffer multiple or compound discrimination based on 
sex and on race, ethnic origin, disability, or age. 
"(c) SPECIAL RULE.—^To the extent feasible, the Secretary shall 
ensure that grants awarded under this subpart for each fiscal 
year address— 
"(1) all levels of education, including preschool, elementary 
and secondary education, higher education, vocational edu-
cation, and adult education; 
"(2) all regions of the United States; and 
"(3) urban, rural, and suburban educational institutions. 
"(d) COORDINATION.—^Research activities supported under this 
subpart— 
"(1) shall be carried out in consultation with the Office 
of Educational Research and Improvement to ensure that such 
activities are coordinated with and enhance the research and 
development activities supported by the Office; and 
"(2) may include collaborative research activities which 
are jointly funded and carried out with the Office of Educational 
Research and Improvement. 
"(e) LIMITATION.—Nothing in this subpart shall be construed 
as prohibiting men and boys from participating in any programs 
or activities assisted with funds under this subpart. 
"SEC. 5616. REPORT. 
"Not later than January 1, 2006, the Secretary shall submit 
to the President and Congress a report on the status of educational 
equity for girls and women in the Nation. 
"SEC. 5617, ADMINISTRATION. 
"(a) EVALUATION AND DISSEMINATION.—^Not later than January 
1, 2005, the Secretary shall evaluate and disseminate materials 
and programs developed under this subpart and shall report to 
Congress regarding such evaluation materials and programs. 
"(b) PROGRAM OPERATIONS.—The Secretary shall ensure that 
the activities assisted under this subpart are administered within 
the Department by a person who has recognized professional quali-
fications and experience in the field of gender equity education. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1873 
"SEC. 5618. AMOUNT. 
" 
* 
20 USC 7283g. 
"From amounts made available to carry out this subpart for 
a fiscal year, not less than two-thirds of such amount shall be 
used to carry out the activities described in section 5613(b)(1).". 
SEC. 502. CONTINUATION OF AWARDS. 
20 USC 6301 
(a) IN GENERAL.—Notwithstanding any other provision of this 
Act or the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.), in the case of any agency or consortium 
that was awarded a grant under section 5111 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7211) or any 
person or agency that was awarded a contract or grant under 
part B, D, or E of title X of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.), 
prior to the date of enactment of this Act, the Secretary of Education 
shall continue to provide funds in accordance with the terms of 
such award until the date on which the award period terminates 
under such terms. 
(b) SPECIAL RULE.—Notwithstanding any other provision of this 
Act, any person or agency that was awarded or entered into a 
grant, contract, or cooperative agreement under part B of title 
V of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7231 et seq.), prior to the date of enactment of this Act 
shall continue to receive funds in accordance with the terms of 
such grant, contract, or agreement until the date on which the 
grant, contract, or agreement period terminates under such terms. 
TITLE VI—FLEXIBILITY AND 
ACCOUNTABILITY 
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY. 
Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows: 
"TITLE VI—FLEXIBILITY AND 
ACCOUNTABILITY 
"PART A—IMPROVING ACADEMIC 
ACHIEVEMENT 
"Subpart 1—^Accountability 
"SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVI- 
20 USC 7301. 
TIES. 
"The Secretary shall make grants to States to enable the 
States— 
"(1) to pay the costs of the development of the additional 
State assessments and standards required by section 1111(b), 
which may include the costs of working in voluntary partner-
ships with other States, at the sole discretion of each such 
State; and 
"(2) if a State has developed the assessments and standards 
required by section 1111(b), to administer those assessments 
or to carry out other activities described in this subpart and 
other activities related to ensuring that the State's schools 
115 STAT. 1874 
PUBLIC LAW 107-110—JAN. 8, 2002 
and local educational agencies are held accountable for results, 
such as the following: 
"(A) Developing challenging State academic content 
and student academic achievement standards and aligned 
assessments in academic subjects for which standards and 
assessments are not required by section 1111(b). 
"(B) Developing or improving assessments of English 
language proficiency necessary to comply with section 
1111(b)(7). 
"(C) Ensuring the continued validity and reliability 
of State assessments. 
"(D) Refining State assessments to ensure their contin-
ued alignment with the State's academic content stand£irds 
and to improve the alignment of curricula and instructional 
materials. 
"(E) Developing multiple measures to increase the reli-
ability and validity of State assessment systems. 
"(F) Strengthening the capacity of local educational 
agencies and schools to provide all students the opportunity 
to increase educational achievement, including carrying out 
professional development activities aligned with State stu-
dent academic achievement standards and assessments. 
"(G) Expanding the range of accommodations available 
to students with limited English proficiency and students 
with disabilities to improve the rates of inclusion of such 
students, including professional development 
activities 
aligned with State academic achievement standards and 
assessments. 
"(H) Improving the dissemination of information on 
student achievement and school performance to parents 
and the community, including the development of informa-
tion and reporting systems designed to identify best edu-
cational practices based on scientifically based research 
or to assist in linking records of student achievement, 
length of enrollment, and graduation over time. 
20 use 7301a. 
"SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS. 
"(a) GRANT PROGRAM AUTHORIZED.—From funds made available 
to carry out this subpart, the Secretary shall award, on a competi-
tive basis, grants to State educational agencies that have submitted 
an application at such time, in such manner, and containing such 
information as the Secretary may require, which demonstrate to 
the satisfaction of the Secretary, that the requirements of this 
section will be met, for the following: 
"(1) To enable States (or consortia of States) to collaborate 
with institutions of higher education, other research institu-
tions, or other organizations to improve the quality, validity, 
and reliability of State academic assessments beyond the 
requirements 
for such assessments 
described 
in 
section 
1111(b)(3). 
"(2) To measure student academic achievement using mul-
tiple measures of student academic achievement from multiple 
sources. 
"(3) To chart student progress over time. 
"(4) To evaluate student academic achievement through 
the 
development 
of comprehensive 
academic 
assessment 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1875 
instruments, such as performance and technology-based aca-
demic assessments. 
"(b) APPLICATION.—Each State wishing to apply for funds under 
this section shall include in its State plan under part A of title 
I such information as the Secretary may require. 
"(c) ANNUAL REPORT.—Each State educational agency receiving 
a grant under this section shall submit an annual report to the 
Secretary describing its activities, and the result of those activities, 
under the grant. 
"SEC. 6113. FUNDING. 
20 USC 7301b. 
"(a) AUTHORIZATION OF APPROPRL\TIONS.— 
"(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— 
For the purpose of administering the State assessments under 
the National Assessment of Educational Progress, there are 
authorized to be appropriated $72,000,000 for fiscal year 2002, 
and such sums as may be necessary for each of the 5 succeeding 
fiscal years. 
"(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For the 
purpose of carrying out this subpart, there are authorized to 
be appropriated $490,000,000 for fiscal year 2002, and such 
sums as may be necessary for each of the 5 succeeding fiscal 
years. 
"(b) ALLOTMENT OF APPROPRIATED FUNDS.— 
"(1) IN GENERAL.—From amounts made available for each 
fiscal year under subsection (a)(2) that are equal to or less 
than the amount described in section 1111(b)(3)(D) (hereinafter 
in this subsection referred to as the 'trigger amount'), the 
Secretary shall— 
"(A) reserve one-half of 1 percent for the Bureau of 
Indian Affairs; 
"(B) reserve one-half of 1 percent for the outlying areas; 
and 
"(C) from the remainder, allocate to each State an 
amount equal to— 
"(i) $3,000,000; and 
"(ii) with respect to any amounts remaining after 
the allocation is made under clause (i), an amount 
that bears the same relationship to such total 
remaining amounts as the number of students ages 
5 through 17 in the State (as determined by the Sec-
retary on the basis of the most recent satisfactory 
data) bears to the total number of such students in 
all States. 
"(2) REMAINDER.—^Any amounts remaining for a fiscal year 
after the Secretary carries out paragraph (1) shall be made 
available as follows: 
"(A)(i) To award funds under section 6112 to States 
according to the quality, needs, and scope of the State 
application under that section. 
"(ii) In determining the grant amount under clause 
(i), the Secretary shall ensure that a State's grant shall 
include an amount that bears the same relationship to 
the total funds available under this paragraph for the 
fiscal year as the number of students ages 5 through 17 
in the State (as determined by the Secretary on the basis 
115 STAT. 1876 
PUBLIC LAW 107-110—JAN. 8, 2002 
of the most recent satisfactory data) bears to the total 
number of such students in all States. 
"(B) Any amounts remaining after the Secretary 
awards funds under subparagraph (A) shall be allocated 
to each State that did not receive a grant under such 
subparagraph, in an amount that bears the same relation-
ship to the total funds available under this subparagraph 
as the number of students ages 5 through 17 in the State 
(as determined by the Secretary on the basis of the most 
recent satisfactory data) bears to the total number of such 
students in all States. 
"(c) STATE DEFINED.—In this section, the term 'State' means 
each of the 50 States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
State and L
o
c
a
l 
"Subpart 2—Funding Transferability for State and 
Transferability 
^OCal EduCatioUal AgCncicS 
20 u s e 7305. 
"SEC. 6121. SHORT TITLE. 
"This subpart may be cited as the 'State and Local Transfer-
ability Act'. 
20 u s e 7305a. 
"SEC. 6122. PURPOSE. 
"The purpose of this subpart is to allow States and local edu-
cational agencies the flexibility— 
"(1) to target Federal funds to Federal programs that most 
effectively address the unique needs of States and localities; 
and 
"(2) to transfer Federal funds allocated to other activities 
to allocations for certain activities authorized under title I. 
20 u s e 7305b. 
"SEC. 6123. TRANSFERABILITY OF FUNDS. 
"(a) TRANSFERS BY STATES.— 
"(1) IN GENERAL.—In accordance with this subpart, a State 
may transfer not more than 50 percent of the nonadministrative 
State funds (including funds transferred under paragraph (2)) 
allotted to the State for use for State-level activities under 
the following provisions for a fiscal year to one or more of 
the State's allotments for such fiscal year under any other 
of such provisions: 
"(A) Section 2113(a)(3). 
"(B) Section 2412(a)(1). 
"(C) Subsections (a)(1) (with the agreement of the Gov-
ernor) and (c)(1) of section 4112 and section 4202(c)(3). 
"(D) Section 5112(b). 
"(2) ADDITIONAL FUNDS FOR TITLE I.—In accordance with 
this subpart and subject to the 50 percent limitation described 
in paragraph (1), a State may transfer any funds allotted to 
the State under a provision listed in paragraph (1) to its allot-
ment under title I. 
"(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— 
"(1) AUTHORITY TO TRANSFER FUNDS.— 
"(A) IN GENERAL.—In accordance with this subpart, 
a local educational agency (except a local educational 
agency identified for improvement under section 1116(c) 
or subject to corrective action under section 1116(c)(9)) 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1877 
may transfer not more than 50 percent of the funds allo-
cated to it (including funds transferred under subparagraph 
(O) under each of the provisions listed in paragraph (2) 
for a fiscal year to one or more of its allocations for such 
fiscal year under any other provision listed in paragraph 
(2). 
"(B) 
AGENCIES 
IDENTIFIED 
FOR 
IMPROVEMENT.—In 
accordance with this subpart, a local educational agency 
identified for improvement under section 1116(c) may 
transfer not more than 30 percent of the funds allocated 
to it (including funds transferred under subparagraph (C)) 
under each of the provisions listed in paragraph (2) for 
a fiscal year— 
"(i) to its allocation for school improvement for 
such fiscal year under section 1003; or 
"(ii) to any other allocation for such fiscal year 
if such transferred funds are used only for local edu-
cational agency improvement activities consistent with 
section 1116(c). 
"(C) ADDITIONAL FUNDS FOR TITLE I.—In accordance 
with this subpart and subject to the percentage limitation 
described in subparagraph (A) or (B), as applicable, a local 
educational agency may transfer funds allocated to such 
agency under any of the provisions listed in paragraph 
(2) for a fiscal year to its allocation for part A of title 
I for that fiscal year. 
"(2) APPLICABLE PROVISIONS.—^A local educational agency 
may transfer funds under subparagraph (A), (B), or (C) of 
paragraph (1) from allocations made under each of the following 
provisions: 
"(A) Section 2121. 
"(B) Section 2412(a)(2)(A). 
"(C) Section 4112(b)(1). 
"(D) Section 5112(a). 
"(c) No TRANSFER OF TITLE I FUNDS.—^A State or a local edu-
cational agency may not transfer under this subpart to any other 
program any funds allotted or allocated to it for part A of title 
I. 
"(d) 
MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICA-
TION.— 
"(1) STATE TRANSFERS.—Each State that makes a transfer 
Deadline, 
of funds under this section shall— 
"(A) modify, to account for such transfer, each State 
plan, or application submitted by the State, to which such 
funds relate; 
"(B) not later than 30 days after the date of such 
transfer, submit a copy of such modified plan or application 
to the Secretary; and 
"(C) not later than 30 days before the effective date 
of such transfer, notify the Secretary of such transfer. 
"(2) LOCAL TRANSFERS.—Each local educational agency that 
makes a transfer of funds under this section shall— 
"(A) modify, to account for such transfer, each local 
plan, or application submitted by the agency, to which 
such funds relate; 
115 STAT. 1878 
PUBLIC LAW 107-110-^AN. 8, 2002 
Deadline. 
Deadline. 
"(B) not later than 30 days after the date of such 
transfer, submit a copy of such modified plan or application 
to the State; and 
"(C) not later than 30 days before the effective date 
of such transfer, notify the State of such transfer. 
"(e) APPLICABLE RULES.— 
"(1) IN GENERAL.—Except as otherwise provided in this 
subpart, funds transferred under this section are subject to 
each of the rules and requirements applicable to the funds 
under the provision to which the transferred funds are trans-
ferred. 
"(2) CONSULTATION.—Each State educational agency or 
local educational agency that transfers funds under this section 
shall conduct consultations in accordance with section 9501, 
if such transfer transfers funds from a program that provides 
for the participation of students, teachers, or other educational 
personnel, from private schools. 
State and Local 
Flexibility 
Demonstration 
Act. 
20 u s e 7311. 
20 u s e 7311a. 
"Subpart 3—State and Local Flexibility 
Demonstration 
"SEC. 6131. SHORT TITLE. 
"This subpart may be cited as the 'State and Local Flexibility 
Demonstration Act'. 
"SEC. 6132. PURPOSE. 
"The purpose of this subpart is to create options for selected 
State educational agencies and local educational agencies— 
"(1) to improve the academic achievement of all students, 
and to focus the resources of the Federal Government upon 
such achievement; 
"(2) to improve teacher quality and subject matter mastery, 
especially in mathematics, reading, and science; 
"(3) to better empower parents, educators, administrators, 
and schools to effectively address the needs of their children 
and students; 
"(4) to give participating State educational agencies and 
local educational agencies greater flexibility in determining how 
to increase their students' academic achievement and imple-
ment education reforms in their schools; 
"(5) to eliminate barriers to implementing effective State 
and local education reform, while preserving the goals of oppor-
tunity for all students and accountability for student progress; 
"(6) to hold participating State educational agencies and 
local educational agencies accountable for increasing the aca-
demic achievement of all students, especially disadvantaged 
students; and 
"(7) to narrow achievement gaps between the lowest and 
highest achieving groups of students so that no child is left 
behind. 
20 u s e 7311b. 
^SEC. 6133. GENERAL PROVISION. 
"For purposes of this subpart, any State that is one local 
educational agency shall be considered a State educational agency 
and not a local educational agency. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1879 
"CHAPTER A—STATE FLEXIBILITY AUTHORITY 
"SEC. 6141. STATE FLEXIBILITY. 
20 USC 7315. 
"(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in 
this chapter, the Secretary shall, on a competitive basis, grant 
flexibility authority to not more than seven eligible State edu-
cational agencies, under which the agencies may consolidate and 
use funds in accordance with section 6142. 
"(b) DEFINITIONS.—In this chapter: 
"(1) ELIGIBLE 
STATE EDUCATIONAL AGENCY.—The term 
'eligible State educational agency' means a State educational 
agency that— 
"(A) submits an approvable application under sub-
section (c); and 
"(B) proposes performance agreements— 
"(i) that shall be entered into with not fewer than 
4, and not more than 10, local educational agencies; 
"(ii) not fewer than half of which shall be entered 
into with high-poverty local educational agencies; and 
"(iii) that require the local educational agencies 
described in clause (i) to align their use of consolidated 
funds under section 6152 with the State educational 
agency's use of consolidated funds under section 6142. 
"(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The term 
'high-poverty local educational agency' means a local edu-
cational agency for which 20 percent or more of the children 
who are age 5 through 17, and served by the local educational 
agency, are from families with incomes below the poverty line. 
"(c) STATE APPLICATIONS.— 
"(1) APPLICATIONS.—To be eligible to receive flexibility 
authority under this chapter, a State educational agency shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require, including— 
"(A) information demonstrating, to the satisfaction of 
the Secretary, that the grant of authority offers substantial 
promise of— 
"(i) assisting the State educational agency in 
making adequate yearly progress, as defined under 
section 1111(b)(2); and 
"(ii) aligning State and local reforms and assisting 
the local educational agencies that enter into perform-
ance agreements with the State educational agency 
under paragraph (2) in making such adequate yearly 
progress; 
"(B) the performance agreements that the State edu-
cational agency proposes to enter into with eligible local 
educational agencies under paragraph (2); 
"(C) information demonstrating that the State edu-
cational agency has consulted with and involved parents, 
representatives of local educational agencies, and other 
educators in the development of the terms of the grant 
of authority; 
"(D) a provision specifying that the grant of flexibility 
authority shall be for a term of not more than 5 years; 
"(E) a list of the programs described in section 6142(b) 
that are included in the scope of the grant of authority; 
115 STAT. 1880 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(F) a provision specifying that no requirements of 
any program described in section 6142(b) and included 
by a State educational agency in the scope of the grant 
of authority shall apply to that agency, except as otherwise 
provided in this chapter; 
"(G) a 5-year plan describing how the State educational 
agency intends to consolidate and use the funds from pro-
grams included in the scope of the grant of authority, 
for any educational purpose authorized under this Act, 
in order to make adequate yearly progress and advance 
the education priorities of the State and the local edu-
cational agencies with which the State educational agency 
enters into performance agreements; 
"(H) an assurance that the State educational agency 
will provide parents, teachers, and representatives of local 
educational agencies and schools with notice and an oppor-
tunity to comment on the proposed terms of the grant 
of authority; 
"(I) an assurance that the State educational agency, 
and the local educational agencies with which the State 
educational agency enters into performance agreements, 
will use fiscal control and fund accounting procedures that 
will ensure proper disbursement of, and accoimting for. 
Federal funds consolidated and used under the grant of 
authority; 
"(J) an assurance that the State educational agency, 
and the local educational agencies with which the State 
educational agency enters into performance agreements, 
will meet the requirements of all applicable Federal civil 
rights laws in carrying out the grant of authority, including 
consolidating and using funds under the grant of authority; 
"(K) an assurance that, in consolidating and using 
funds under the grant of authority— 
"(i) the State educational agency, and the local 
educational agencies with which the State educational 
agency enters into performance agreements, will pro-
vide for the equitable participation of students and 
professional staff in private schools consistent with 
section 9501; and 
"(ii) that sections 9502, 9503, and 9504 shall apply 
to all services and assistance provided with such funds 
in the same manner as such sections apply to services 
and assistance provided in accordance with section 
9501; 
"(L) an assurance that the State educational agency 
will, for the duration of the grant of authority^use funds 
consolidated under section 6142 only to supplement the 
amount of funds that would, in the absence of those Federal 
funds, be made available from non-Federal sources for the 
education of students participating in programs assisted 
with the consolidated funds, and not to supplant those 
funds; and 
"(M) an assurance that the State educational agency 
shall, not later than 1 year after the date on which the 
Secretary makes the grant of authority, and annually there-
after during the term of the grant of authority, disseminate 
widely to parents and the general public, transmit to the 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1881 
Secretary, distribute to print and broadcast media, and 
post on the Internet, a report, which shall include a detailed 
description of how the State educational agency, and the 
local educational agencies with which the State educational 
agency enters into performance agreements, used the funds 
consolidated under the grant of authority to make adequate 
yearly progress and advance the education priorities of 
the State and local educational agencies in the State. 
"(2) 
PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL 
EDUCATIONAL AGENCIES.— 
"(A) IN GENERAL.—^A State educational agency that 
wishes to receive flexibility authority under this subpart 
shall propose performance agreements that meet the 
requirements of clauses (i) and (ii) of subsection (b)(1)(B) 
(subject to approval of the application or amendment 
involved under subsection (d) or (e)). 
"(B) 
PERFORMANCE 
AGREEMENTS.—Each 
proposed 
performance agreement with a local educational agency 
shall— 
"(i) contain plans for the local educational agency 
to consolidate and use funds in accordance with section 
6152, for activities that are aligned with the State 
educational agency's plan described in paragraph 
(1)(G); 
"(ii) be subject to the requirements of chapter B 
relating to agreements between the Secretary and a 
local educational agency, except— 
"(I) that, as appropriate, references in that 
chapter to the Secretary shall be deemed to be 
references to the State educational agency; and 
"(II) as otherwise provided in this chapter; 
and 
"(iii) contain an assurance that the local edu-
cational agency will, for the duration of the grant of 
authority, use funds consolidated under section 6152 
only to supplement the amount of funds that would, 
in the absence of those Federal funds, be made avail-
able from non-Federal sources for the education of 
students participating in programs assisted with the 
consolidated funds, and not to supplant those funds. 
"(d) APPROVAL AND SELECTION.—The Secretary shall— 
"(1) establish a peer review process to assist in the review 
of proposed State applications under this section; and 
"(2) appoint individuals to participate in the peer review 
process who are— 
"(A) representative of parents, teachers, State edu-
cational agencies, and local educational agencies; and 
"(B) familiar with educational standards, assessments, 
accountability, curricula, instruction, and staff develop-
ment, and other diverse educational needs of students. 
"(e) AMENDMENT TO GRANT OF AUTHORITY.— 
"(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall amend the grant of flexibility authority made to a State 
educational agency under this chapter, in each of the following 
circumstances: 
"(A) 
REDUCTION 
IN 
SCOPE 
OF 
THE 
GRANT 
OF 
AUTHORITY.—Not later than 1 year after receiving a grant 
89-194 O - 03 - 29 QL 3 Part 2 
115 STAT. 1882 
PUBLIC LAW 107-110—JAN. 8, 2002 
of flexibility authority, the State educational agency seeks 
to amend the grant of authority to remove from the scope 
of the grant of authority any program described in section 
6142(b). 
"(B) 
EXPANSION 
OF SCOPE 
OF THE GRANT OF 
AUTHORITY.—Not later than 1 year after receiving a grant 
of flexibility authority, the State educational agency seeks 
to amend the grant of authority to include in the scope 
of the grant of authority any additional program described 
in section 6142(b) or any additional achievement indicators 
for which the State will be held accountable. 
"(C) CHANGES WITH RESPECT TO NUMBER OF PERFORM-
ANCE AGREEMENTS.—The State educational agency seeks 
to amend the grant of authority to include or remove 
performance agreements that the State educational agency 
proposes to enter into with eligible local educational agen-
cies, except that in no case may the State educational 
agency enter into performance agreements that do not meet 
the requirements of clauses (i) and (ii) of subsection 
(b)(1)(B). 
"(2) APPROVAL AND DISAPPROVAL.— 
"(A) DEEMED APPROVAL.—^A proposed amendment to 
a grant of flexibility authority submitted by a State edu-
cational agency pursuant to paragraph (1) shall be deemed 
to be approved by the Secretary unless the Secretary makes 
a written determination, prior to the expiration of the 
120-day period beginning on the date on which the Sec-
retary received the proposed amendment, that the proposed 
amendment is not in compliance with this chapter. 
"(B) DISAPPROVAL.—The Secretary shall not finally dis-
approve the proposed amendment, except after giving the 
State educational agency notice and an opportunity for 
a hearing. 
"(C) NOTIFICATION.—If the Secretary finds that the 
proposed amendment is not in compliance, in whole or 
in part, with this chapter, the Secretary shall— 
"(i) give the State educational agency notice and 
an opportunity for a hearing; and 
"(ii) notify the State educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
"(I) cite the specific provisions in the proposed 
amendment that are not in compliance; and 
"(II) request additional information, only as 
to the noncompliant provisions, needed to make 
the proposed amendment compliant. 
"(D) RESPONSE.—If the State educational 
agency 
responds to the Secretary's notification 
described in 
subparagraph (C)(ii) during the 45-day period beginning 
on the date on which the agency received the notification, 
and resubmits the proposed amendment with the requested 
information described in subparagraph (C)(ii)(II), the Sec-
retary shall approve or disapprove such proposed amend-
ment prior to the later of— 
"(i) the expiration of the 45-day period beginning 
on the date on which the proposed amendment is resub-
mitted; or 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1883 
"(ii) the expiration of the 120-day period described 
in subparagraph (A). 
"(E) FAILURE TO RESPOND.—If the State educational 
agency does not respond to the Secretary's notification 
described in subparagraph (C)(ii) during the 45-day period 
beginning on the date on which the agency received the 
notification, such proposed amendment shall be deemed 
to be disapproved. 
"(3) 
TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM 
GRANT OF AUTHORITY.—Beginning on the effective date of an 
amendment executed under paragraph (1)(A), each program 
requirement of each program removed from the scope of a 
grant of authority shall apply to the use of funds made available 
under the program by the State educational agency and each 
local educational agency with which the State educational 
agency has a performance agreement. 
"SEC. 6142. CONSOLIDATION AND USE OF FUNDS. 
20 USC 7315a. 
"(a) IN GENERAL.— 
"(1) AUTHORITY.—^Under a grant of flexibility authority 
made under this chapter, a State educational agency may 
consolidate Federal funds described in subsection (b) and made 
available to the agency, and use such funds for any educational 
purpose authorized under this Act. 
"(2) PROGRAM REQUIREMENTS.—Except as otherwise pro-
vided in this chapter, a State educational agency may use 
funds under paragraph (1) notwithstanding the program 
requirements of the program under which the funds were made 
available to the State. 
"(b) ELIGIBLE FUNDS AND PROGRAMS.— 
"(1) FUNDS.—The funds described in this subsection are 
funds, for State-level activities and State administration, that 
are described in the following provisions: 
"(A) Section 1004. 
"(B) Paragraphs (4) and (5) of section 1202(d). 
"(C) Section 2113(a)(3). 
"(D) Section 2412(a)(1). 
"(E) Subsections (a) (with the agreement of the Grov-
emor), (b)(2), and (c)(1) of section 4112. 
"(F) Paragraphs (2) and (3) of section 4202(c). 
"(G) Section 5112(b). 
"(2) PROGRAMS.—The programs described in this subsection 
are the programs authorized to be carried out with funds 
described in paragraph (1). 
"(c) SPECIAL RULE.—^A State educational agency that receives 
a grant of flexibility authority under this chapter— 
"(1) shall ensure that the funds described in section 5112(a) 
are allocated to local educational agencies in the State in 
accordance with section 5112(a); but 
"(2) may specify how the local educational agencies shall 
use the allocated funds. 
"SEC. 6143. PERFORMANCE REVIEW AND PENALTIES. 
20 USC 7315b. 
"(a) MIDTERM REVIEW.— 
"(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If, 
during the term of a grant of flexibility authority under this 
chapter, a State educational agency fails to maJce adequate 
yearly progress for 2 consecutive years, the Secretary shall. 
115 STAT. 1884 
PUBLIC LAW 107-110-^AN. 8, 2002 
after providing notice and an opportunity for a hearing, termi-
nate the grant of authority promptly. 
"(2) NONCOMPLIANCE.—The Secretary may, after providing 
notice and an opportunity for a hearing (including the oppor-
tunity to provide evidence as described in paragraph (3)), termi-
nate a grant of flexibility authority for a State if there is 
evidence that the State educational agency involved has failed 
to comply with the terms of the grant of authority. 
"(3) EVIDENCE.—If a State educational agency believes that 
a determination of the Secretary under this subsection is in 
error for statistical or other substantive reasons, the State 
educational agency may provide supporting evidence to the 
Secretary, and the Secretary shall consider that evidence before 
making a final termination determination under this sub-
section. 
"(b) FINAL REVIEW.— 
"(1) IN GENERAL.—If, at the end of the 5-year term of 
a grant of flexibility authority made under this chapter, the 
State educational agency has not met the requirements 
described in section 6141(c), the Secretary may not renew the 
grant of flexibility authority under section 6144. 
"(2) COMPLIANCE.—Beginning on the date on which such 
term ends, the State educational agency, and the local edu-
cational agencies with which the State educational agency has 
entered into performance agreements, shall be required to 
comply with each of the program requirements in effect on 
such date for each program that was included in the grant 
of authority. 
20 u s e 7315c. 
"SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY. 
"(a) IN GENERAL.—Except as provided in section 6143 and 
in accordance with this section, if a State educational agency has 
met, by the end of the original 5-year term of a grant of flexibility 
authority under this chapter, the requirements described in section 
6141(c), the Secretary shall renew a grant of flexibility authority 
for one additional 5-year term. 
"(b) RENEWAL.—The Secretary may not renew a grant of flexi-
bility authority under this chapter unless, not later than 6 months 
before the end of the original term of the grant of authority, the 
State educational agency seeking the renewal notifies the Secretary, 
and the local educational agencies with which the State educational 
agency has entered into performance agreements, of the agency's 
intention to renew the grant of authority. 
"(c) EFFECTIVE DATE.—^A renewal under this section shall be 
effective on the later of— 
"(1) the expiration of the original term of the grant of 
authority; or 
"(2) the date on which the State educational agency seeking 
the renewal provides to the Secretary all data required for 
the application described in section 6141(c). 
"CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION 
20 u s e 7321. 
"SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS. 
"(a) AUTHORITY.—Except as otherwise provided in this chapter, 
the Secretary shall, on a competitive basis, enter into local flexibility 
demonstration agreements— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1885 
"(1) with local educational agencies that submit approvable 
proposed agreements under subsection (c) and that are selected 
under subsection (b); and 
"(2) under which those agencies may consolidate and use 
funds in accordance with section 6152. 
"(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— 
"(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall enter into local flexibility demonstration agreements 
under this chapter with not more than 80 local educational 
agencies. Each local educational agency shall be selected on 
a competitive basis from among those local educational agencies 
that— 
"(A) submit a proposed local flexibility demonstration 
agreement under subsection (c) to the Secretary and dem-
onstrate, to the satisfaction of the Secretary, that the 
agreement— 
"(i) has a substantial promise of assisting the local 
educational agency in meeting the State's definition 
of adequate yearly progress, advancing the education 
priorities of the local educational agency, meeting the 
general purposes of the programs included under this 
chapter and the purposes of this part, improving stu-
dent achievement, and narrowing achievement gaps 
in accordance with section 1111(b); 
"(ii) meets the requirements of this chapter; and 
"(iii) contains a plan to consolidate and use funds 
in accordance with section 6152 in order to meet the 
State's definition of adequate yearly progress and the 
local educational agency's specific, measurable goals 
for improving student achievement and narrowing 
achievement gaps; and 
"(B) have consulted and involved parents gmd other 
educators in the development of the proposed local flexi-
bility demonstration agreement. 
"(2) GEOGRAPHIC DISTRIBUTION.— 
"(A) INITIAL AGREEMENTS.—The Secretary may enter 
into not more than three local flexibility demonstration 
agreements under this chapter with local educational agen-
cies in each State that does not have a grant of flexibility 
authority under chapter A. 
"(B) URBAN AND RURAL AREAS.—If more than three 
local educational agencies in a State submit approvable 
local flexibility 
demonstration agreements under this 
chapter, the Secretary shall select local educational agen-
cies with which to enter into such agreements in a manner 
that ensures an equitable distribution among such agencies 
serving urban and rural areas. 
"(C) PRIORITY OF STATES TO ENTER INTO STATE FLEXI-
BILITY 
DEMONSTRATION 
AGREEMENTS.—Notwithstanding 
any other provision of this part, a local educational agency 
may not seek to enter into a local flexibility demonstration 
agreement under this chapter if that agency is located 
in a State for which the State educational agency— 
"(i) has, not later than 4 months after the date 
of enactment of the No Child Left Behind Act of 2001, 
notified the Secretary of its intent to apply for a grant 
of flexibility authority under chapter A and, within 
115 STAT. 1886 
PUBLIC LAW 107-110-JAN. 8, 2002 
such period of time as the Secretary may establish, 
is provided with such authority by the Secretary; or 
"(ii) has, at any time after such period, been 
granted flexibiHty authority under chapter A. 
"(c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION 
AGREEMENT.—Each 
local 
flexibility 
demonstration 
agreement 
entered into with the Secretary under this chapter shall contain 
each of the following terms: 
"(1) DURATION.—The local flexibility demonstration agree-
ment shall be for a term of 5 years. 
"(2) APPLICATION OF PROGRAM REQUIREMENTS.—The local 
flexibility demonstration agreement shall provide that no 
requirements of any program described in section 6152 and 
included by a local educational agency in the scope of its agree-
ment shall apply to that agency, except as otherwise provided 
in this chapter. 
"(3) LIST OF PROGRAMS.—The local flexibility demonstration 
agreement shall list which of the programs described in section 
6152 are included in the scope of the agreement. 
"(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.— 
The local flexibility demonstration agreement shall contain a 
5-year plan describing how the local educational agency intends 
to consolidate and use the funds from programs included in 
the scope of the agreement for any educational purpose author-
ized under this Act to advance the education priorities of the 
local educational agency, meet the general purposes of the 
included programs, improve student achievement, and narrow 
achievement gaps in accordance with section 1111(b). 
"(5) LOCAL INPUT.—The local flexibility demonstration 
agreement shall contain an assurance that the local educational 
agency will provide parents, teachers, and representatives of 
schools with notice and an opportunity to comment on the 
proposed terms of the local flexibility demonstration agreement. 
"(6) FISCAL RESPONSIBILITIES.—The local flexibility dem-
onstration agreement shall contain an assurance that the local 
educational agency will use fiscal control and fund accounting 
procedures that will ensure proper disbursement of, and 
accounting for. Federal funds consolidated and used under the 
agreement. 
"(7) CIVIL RIGHTS.—The local flexibility demonstration 
agreement shall contain an assurance that the local educational 
agency will meet the requirements of all applicable Federal 
civil rights laws in carrying out the agreement and in consoli-
dating and using the funds under the agreement. 
"(8) PRIVATE SCHOOL PARTICIPATION.—The local flexibility 
demonstration agreement shall contain an assurance that the 
local educational agency agrees that in consolidating and using 
funds under the agreement— 
"(A) the local educational agency, will provide for the 
equitable participation of students and professional staff 
in private schools consistent with section 9501; and 
"(B) that sections 9502, 9503, and 9504 shall apply 
to all services and assistance provided with such funds 
in the same manner as such sections apply to services 
and assistance provided in accordance with section 9501. 
"(9) SUPPLANTING.—The local flexibility 
demonstration 
agreement shall contain an assurance that the local educational 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1887 
agency will, for the duration of the grant of authority, use 
funds consolidated under section 6152 only to supplement the 
amount of funds that would, in the absence of those Federal 
funds, be made available from non-Federal sources for the 
education of students participating in programs assisted with 
the consolidated funds, and not to supplant those funds. 
"(10) ANNUAL REPORTS.—The local flexibility demonstration 
agreement shall contain an assurance that the local educational 
agency shall, not later than 1 year after the date on which 
the Secretary enters into the agreement, and annually there-
after during the term of the agreement, disseminate widely 
to parents and the general public, transmit to the Secretary, 
and the State educational agency for the State in which the 
local educational agency is located, distribute to print and 
broadcast media, and post on the Internet, a report that 
includes a detailed description of how the local educational 
agency used the funds consolidated under the agreement to 
improve student academic achievement and reduce achievement 
gaps. 
"(d) PEER REVIEW.—The Secretary shall— 
"(1) establish a peer review process to assist in the review 
of proposed local flexibility demonstration agreements under 
this chapter; and 
"(2) appoint individuals to the peer review process who 
are representative of parents, teachers. State educational agen-
cies, and local educational agencies, and who are familiar with 
educational standards, assessments, accountability, curriculum, 
instruction and staff development, and other diverse edu-
cational needs of students. 
"(e) AMENDMENT TO PERFORMANCE AGREEMENT.— 
"(1) IN GENERAL.—In each of the following circumstances, 
the Secretary shall amend a local flexibility demonstration 
agreement entered into with a local educational agency under 
this chapter: 
"(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEM-
ONSTRATION AGREEMENT.—Not later than 1 year after 
entering into a local flexibility demonstration agreement, 
the local educational agency seeks to amend the agreement 
to remove from the scope any program described in section 
6152. 
"(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEM-
ONSTRATION AGREEMENT.—Not later than 1 year after 
entering into the local flexibility demonstration agreement, 
a local educational agency seeks to amend the agreement 
to include in its scope any additional program described 
in section 6251 or any additional achievement indicators 
for which the local educational agency will be held account-
able. 
"(2) APPROVAL AND DISAPPROVAL.— 
"(A) DEEMED APPROVAL.—^A proposed amendment to 
a local flexibility demonstration agreement pursuant to 
paragraph (1) shall be deemed to be approved by the Sec-
retary unless the Secretary makes a written determination, 
prior to the expiration of the 120-day period beginning 
on the date on which the Secretary received the proposed 
amendment, that the proposed amendment is not in compli-
ance with this chapter. 
Deadline. 
Deadline. 
115 STAT. 1888 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(B) DISAPPROVAL.—The Secretary shall not finally dis-
approve the proposed amendment, except after giving the 
local educational agency notice and an opportunity for a 
hearing. 
"(C) NOTIFICATION.—If the Secretary finds that the 
proposed amendment is not in compliance, in whole or 
in part, with this chapter, the Secretary shall— 
"(i) give the local educational agency notice and 
an opportunity for a hearing; and 
"(ii) notify the local educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
"(I) cite the specific provisions in the proposed 
amendment that are not in compliance; and 
"(II) request additional information, only as 
to the noncompliant provisions, needed to make 
the proposed amendment compliant. 
"(D) RESPONSE.—If the local educational 
agency 
responds to the Secretary's notification 
described in 
subparagraph (C)(ii) during the 45-day period beginning 
on the date on which the agency received the notification, 
and resubmits the proposed amendment with the requested 
information described in subparagraph (C)(ii)(II), the Sec-
retary shall approve or disapprove such proposed amend-
ment prior to the later of— 
"(i) the expiration of the 45-day period beginning 
on the date on which the proposed amendment is resub-
mitted; or 
"(ii) the expiration of the 120-day period described 
in subparagraph (A). 
"(E) FAILURE TO RESPOND.—If the local educational 
agency does not respond to the Secretary's notification 
described in subparagraph (C)(ii) during the 45-day period 
beginning on the date on which the agency received the 
notification, such proposed amendment shall be deemed 
to be disapproved. 
"(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM 
AGREEMENT.—Beginning on the effective date of an amendment 
executed under paragraph (1)(A), each program requirement 
of each program removed from the scope of a local flexibility 
demonstration agreement shall apply to the use of funds made 
available under the program by the local educational agency. 
20 use 7321a. 
"SEC. 6152. CONSOLIDATION AND USE OF FUNDS. 
"(a) IN GENERAL.— 
"(1) AUTHORITY.—^Under a local flexibility demonstration 
agreement entered into under this chapter, a local educational 
agency may consolidate Federal funds made available to the 
agency under the provisions listed in subsection (b) and use 
such funds for any educational purpose permitted under this 
Act. 
"(2) PROGRAM REQUIREMENTS.—Except as otherwise pro-
vided in this chapter, a local educational agency may use funds 
under paragraph (1) notwithstanding the program requirements 
of the program under which the funds were made available 
to the agency. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1889 
"(b) ELIGIBLE PROGRAMS.—Program funds made available to 
local educational agencies on the basis of a formula under the 
following provisions may be consolidated and used under subsection 
(a): 
"(1) Subpart 2 of part A of title IL 
"(2) Subpart 1 of part D of title IL 
"(3) Subpart 1 of part A of title IV. 
"(4) Subpart 1 of part A of title V. 
"SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES. 
20 USC 7321b. 
"Each local educational agency that has entered into a local 
flexibility demonstration agreement with the Secretary under this 
chapter may use for administrative purposes not more than 4 
percent of the total amount of funds allocated to the agency under 
the programs included in the scope of the agreement. 
"SEC. 6154. PERFORMANCE REVIEW AND PENALTIES. 
20 USC 7321c. 
"(a) MIDTERM REVIEW.— 
"(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If, 
during the term of a local flexibility demonstration agreement, 
a local educational agency fails to make adequate yearly 
progress for 2 consecutive years, the Secretary shall, after 
notice and opportunity for a hearing, promptly terminate the 
agreement. 
"(2) NONCOMPLIANCE.—^The Secretary may, after providing 
notice and an opportunity for a hearing (including the oppor-
tunity to provide information as provided for in paragraph 
(3)), terminate a local flexibility demonstration agreement 
under this chapter if there is evidence that the local educational 
agency has failed to comply with the terms of the agreement. 
"(3) EVIDENCE.—If a local educational agency believes that 
the Secretary's determination under this subsection is in error 
for statistical or other substantive reasons, the local educational 
agency may provide supporting evidence to the Secretary, and 
the Secretary shall consider that evidence before making a 
final early termination determination. 
"(b) FINAL REVIEW.—If, at the end of the 5-year term of a 
local flexibility demonstration agreement entered into under this 
chapter, the local educational agency has not met the requirements 
described in section 6151(c), the Secretary may not renew the 
agreement under section 6155 and, beginning on the date on which 
such term ends, the local educational agency shall be required 
to comply with each of the program requirements in effect on 
such date for each program included in the local flexibility dem-
onstration agreement. 
"SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION 20USC7321d. 
AGREEMENT. 
"(a) IN GENERAL.—^Except as provided in section 6154 and 
in accordance with this section, the Secretary shall renew for one 
additional 5-year term a local flexibility demonstration agreement 
entered into under this chapter if the local educational agency 
has met, by the end of the original term of the agreement, the 
requirements described in section 6151(c). 
"(b) NOTIFICATION.—The Secretary may not renew a local flexi-
bility demonstration agreement under this chapter unless, not less 
than 6 months before the end of the original term of the agreement. 
115 STAT. 1890 
PUBLIC LAW 107-110-^AN. 8, 2002 
the local educational agency seeking the renewal notifies the Sec-
retary of its intention to renew. 
"(c) EFFECTIVE DATE.—^A renewal under this section shall be 
effective at the end of the original term of the agreement or on 
the date on which the local educational agency seeking renewal 
provides to the Secretary all data required under the agreement, 
whichever is later. 
20 u s e 732 le. 
"SEC. 6156. REPORTS. 
"(a) TRANSMITTAL TO CONGRESS.—Not later than 60 days after 
the Secretary receives a report described in section 6151(b)(10), 
the Secretary shall make the report available to the Committee 
on Education and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, and Pensions 
of the Senate. 
"(b) LIMITATION.—^A State in which a local educational agency 
that has a local flexibility demonstration agreement is located may 
not require such local educational agency to provide any application 
information with respect to the programs included within the scope 
of that agreement other than that information that is required 
to be included in the report described in section 6151(b)(10). 
"Subpart 4—State Accountability for Adequate 
Yearly Progress 
20 u s e 7325. 
"SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS. 
"In the case of a State educational agency that has a plan 
approved under subpart 1 of part A of title I after the date of 
enactment of the No Child Left Behind Act of 2001, and has 
a plan approved under subpart 1 of part A of title III of such 
Act after such date of enactment, the Secretary shall annually, 
starting with the beginning of the first school year following the 
first two school years for which such plans were implemented, 
review whether the State has— 
"(1) made adequate yearly progress, as defined in section 
1111(b)(2)(B), for each of the groups of students described in 
section llll(b)(2)(C)(v); and 
"(2) met its annual measurable achievement objectives 
under section 3122(a). 
20 u s e 7325a. 
"SEC. 6162. PEER REVIEW. 
"The Secretary shall use a peer review process to review, based 
on data from the State assessments administered under section 
1111(b)(3) and on data from the evaluations conducted under section 
3121, whether the State has failed to make adequate yearly progress 
for 2 consecutive years or whether the State has met its annual 
measurable achievement objectives. 
20 u s e 7325b. 
"SEC. 6163. TECHNICAL ASSISTANCE. 
"(a) PROVISION OF ASSISTANCE.— 
"(1) ADEQUATE YEARLY PROGRESS.—Based on the review 
described in section 6161(1), the Secretary shall provide tech-
nical assistance to a State that has failed to make adequate 
yearly progress, as defined in section 1111(b)(2), for 2 consecu-
tive years. The Secretary shall provide such assistance not 
later than the beginning of the first school year that begins 
after such determination is made. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1891 
"(2) 
ANNUAL 
MEASURABLE ACHIEVEMENT 
OBJECTIVES.— 
Based on the reviews described in section 6161(2), the Secretary 
may provide technical assistance to a State that has failed 
to meet its annual measurable achievement objectives under 
section 3122(a) for 2 consecutive years. The Secretary shall 
provide such assistance not later than the beginning of the 
first school year that begins after such determination is made. 
"(b) CHARACTERISTICS.—The technical assistance described in 
subsection (a) shall— 
"(1) be valid, reliable and rigorous; and 
"(2) provide constructive feedback to help the State make 
adequate yearly progress, as defined in section 1111(b)(2), or 
meet the annual measurable achievement objectives under sec-
tion 3122(a). 
"SEC. 6164. REPORT TO CONGRESS. 
20 USC 7325c. 
"Beginning with the school year that begins in 2005, the Sec-
retary shall submit an annual report to the Committee on Education 
and the Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate 
containing the following: 
"(1) A list of each State that has not made adequate yearly 
progress based on the review conducted under section 6161(1). 
"(2) A list of each State that has not met its annual measur-
able achievement objectives based on the review conducted 
under section 6161(2). 
"(3) The information reported by the State to the Secretary 
pursuant to section 1119(a). 
"(4) A description of any technical assistance provided 
pursuant to section 6163. 
"PART B—RURAL EDUCATION INITIATIVE 
"SEC. 6201. SHORT TITLE. 
"This part may be cited as the 'Rural Education Achievement 
Program'. 
"SEC. 6202. PURPOSE. 
"It is the purpose of this part to address the unique needs 
of rural school districts that frequently— 
"(1) lack the personnel and resources needed to compete 
effectively for Federal competitive grants; and 
"(2) receive formula grant allocations in amounts too small 
to be effective in meeting their intended purposes. 
"Subpart 1—Small, Rural School Achievement 
Program 
"SEC. 6211. USE OF APPLICABLE FUNDING. 
20 USC 7345. 
"(a) ALTERNATIVE USES.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
law, an eligible local educational agency may use the applicable 
funding that the agency is eligible to receive from the State 
educational agency for a fiscal year to carry out local activities 
authorized under any of the following provisions: 
"(A) Part A of title I. 
"(B) Part A or D of title II. 
Rural Education 
Achievement 
Program. 
20 USC 7341. 
20 USC 7341a. 
115 STAT. 1892 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(C) Title III. 
"(D) Part A or B of title IV. 
"(E) Part A of title V. 
"(2) NOTIFICATION.—^An eligible local educational agency 
shall notify the State educational agency of the local educational 
agency's intention to use the applicable funding in accordance 
with paragraph (1), by a date that is established by the State 
educational agency for the notification. 
"(b) ELIGIBILITY.— 
"(1) IN GENERAL.—^A local educational agency shall be 
eligible to use the applicable funding in accordance with sub-
jection (a) i
f
— 
"(A)(i)(I) the total number of students in average daily 
attendance at all of the schools served by the local edu-
cational agency is fewer than 600; or 
"(II) each county in which a school served by the local 
educational agency is located has a total population density 
of fewer than 10 persons per square mile; and 
"(ii) all of the schools served by the local educational 
agency are designated with a school locale code of 7 or 
8, as determined by the Secretary; or 
"(B) the agency meets the criteria established in 
subparagraph (A)(i) and the Secretary, in accordance with 
paragraph (2), grants the local educational agency's request 
to waive the criteria described in subparagraph (A)(ii). 
"(2) 
CERTIFICATION.—The 
Secretary 
shall 
determine 
whether to waive the criteria described in paragraph (l)(A)(ii) 
based on a demonstration by the local educational agency, 
and concurrence by the State educational agency, that the 
local educational agency is located in an area defined as rural 
by a governmental agency of the State. 
"(c) APPLICABLE FUNDING DEFINED.—In this section, the term 
'applicable funding* means funds provided under any of the following 
provisions: 
"(1) Subpart 2 and section 2412(a)(2)(A) of title II. 
"(2) Section 4114. 
"(3) Part A of title V. 
"(d) DISBURSEMENT.—Each State educational agency that 
receives applicable funding for a fiscal year shall disburse the 
applicable funding to local educational agencies for alternative uses 
under this section for the fiscal year at the same time as the 
State educational agency disburses the applicable funding to local 
educational agencies that do not intend to use the applicable 
funding for such alternative uses for the fiscal year. 
"(e) APPLICABLE RULES.—^Applicable funding under this section 
shall be available to carry out local activities authorized under 
subsection (a). 
20 u s e 7345a. 
"SEC. 6212. GRANT PROGRAM AUTHORIZED. 
"(a) IN GENERAL.—The Secretary is authorized to award grants 
to eligible local educational agencies to enable the local educational 
agencies to carry out activities authorized under any of the following 
provisions: 
"(1) Part A of title L 
"(2) Part A or D of title II. 
"(3) Title III. 
"(4) Part A or B of title IV. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1893 
"(5) Part A of title V. 
"(b) ALLOCATION.— 
"(1) IN GENERAL.—Except as provided in paragraph (3), 
the Secretary shall award a grant under subsection (a) to 
a local educational agency eligible under section 6211(b) for 
a fiscal year in an amount equal to the initial amount deter-
mined under paragraph (2) for the fiscal year minus the total 
amount received by the agency under the provisions of law 
described in section 6211(c) for the preceding fiscal year. 
"(2) 
DETERMINATION OF 
INITIAL AMOUNT.—^The initial 
amount referred to in paragraph (1) is equal to $100 multiplied 
by the total number of students in excess of 50 students, 
in average daily attendance at the schools served by the local 
educational agency, plus $20,000, except that the initial amount 
may not exceed $60,000. 
"(3) RATABLE ADJUSTMENT.— 
"(A) IN GENERAL.—If the amount made available to 
carry out this section for any fiscal year is not sufficient 
to pay in full the amounts that local educational agencies 
are eligible to receive under paragraph (1) for such year, 
the Secretary shall ratably reduce such amounts for such 
year. 
"(B) ADDITIONAL AMOUNTS.—If additional funds become 
available for making payments under paragraph (1) for 
such fiscal year, payments that were reduced under 
subparagraph (A) shall be increased on the same basis 
as such payments were reduced. 
"(c) DISBURSEMENT.—The Secretary shall disburse the funds 
awarded to a local educational agency under this section for a 
fiscal year not later than July 1 of that fiscal year. 
"(d) SPECIAL ELIGIBILITY RULE.—^A local educational agency 
that is eligible to receive a grant under this subpart for a fiscal 
year is not eligible to receive funds for such fiscal year under 
subpart 2. 
"SEC. 6213. ACCOUNTABILITY. 
20 USG 7345b. 
"(a) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local edu-
cational agency that uses or receives funds under this subpart 
for a fiscal year shall administer an assessment that is consistent 
with section 1111(b)(3). 
"(b) DETERMINATION REGARDING CONTINUING PARTICIPATION.— 
Each State educational agency that receives funding under the 
provisions of law described in section 6211(c) shall— 
"(1) after the third year that a local educational agency 
in the State participates in a program under this subpart 
and on the basis of the results of the assessments described 
in subsection (a), determine whether the local educational 
agency participating in the program made adequate yearly 
progress, as described in section 1111(b)(2); 
"(2) permit only those local educational agencies that 
participated and made adequate yearly progress, as described 
in section 1111(b)(2), to continue to participate; and 
"(3) permit those local educational agencies that partici-
pated and failed to make adequate yearly progress, as described 
in section 1111(b)(2), to continue to participate only if such 
local educational agencies use applicable funding under this 
subpart to carry out the requirements of section 1116. 
115 STAT. 1894 
PUBLIC LAW 107-110—JAN. 8, 2002 
"Subpart 2—Rural and Low-Income School 
Program 
20 use 7351. 
"SEC. 6221. PROGRAM AUTHORIZED. 
"(a) GRANTS TO STATES.— 
"(1) IN GENERAL.—From amounts appropriated under sec-
tion 6234 for this subpart for a fiscal year that are not reserved 
under subsection (c), the Secretary shall award grants (from 
allotments made under paragraph (2)) for the fiscal year to 
State educational agencies that have applications submitted 
under section 6223 approved to enable the State educational 
agencies to award grants to eligible local educational agencies 
for local authorized activities described in section 6222(a). 
"(2) ALLOTMENT.—From amounts described in paragraph 
(1) for a fiscal year, the Secretary shall allot to each State 
educational agency for that fiscal year an amount that bears 
the same ratio to those amounts as the number of students 
in average daily attendance served by eligible local educational 
agencies in the State for that fiscal year bears to the number 
of all such students served by eligible local educational agencies 
in all States for that fiscal year. 
"(3) SPECIALLY QUALIFIED AGENCIES.— 
"(A) ELIGIBILITY AND APPLICATION.—If a State edu-
cational agency elects not to participate in the program 
under this subpart or does not have an application sub-
mitted under section 6223 approved, a specially qualified 
agency in such State desiring a grant under this subpart 
may submit an application under such section directly to 
the Secretary to receive an award under this subpart. 
"(B) DIRECT AWARDS.—The Secretary may award, on 
a competitive basis or by formula, the amount the State 
educational agency is eligible to receive under paragraph 
(2) directly to a specially qualified agency in the State 
that has submitted an application in accordance with 
subparagraph (A) and obtained approval of the application. 
"(C) SPECLU.LY QUALIFIED AGENCY DEFINED.—In this 
subpart, the term 'specially qualified agency' means an 
eligible local educational agency served by a State edu-
cational agency that does not participate in a program 
under this subpart in a fiscal year, that may apply directly 
to the Secretary for a grant in such year under this sub-
section. 
"(b) LOCAL AWARDS.— 
"(1) ELIGIBILITY.—^A local educational agency shall be 
eligible to receive a grant under this subpart if— 
"(A) 20 percent or more of the children ages 5 through 
17 years served by the local educational agency are from 
families with incomes below the poverty line; and 
"(B) all of the schools served by the agency are des-
ignated with a school locale code of 6, 7, or 8, as determined 
by the Secretary. 
"(2) AWARD BASIS.—^A State educational agency shall award 
grants to eligible local educational agencies— 
"(A) on a competitive basis; 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1895 
"(B) according to a formula based on the number of 
students in average daily attendance served by the eligible 
local educational agencies or schools in the State; or 
"(C) according to an alternative formula, if, prior to 
awarding the grants, the State educational agency dem-
onstrates, to the satisfaction of the Secretary, that the 
alternative formula enables the State educational agency 
to allot the grant funds in a manner that serves equal 
or greater concentrations of children from families with 
incomes below the poverty line, relative to the concentra-
tions that would be served if the State educational agency 
used the formula described in subparagraph (B). 
"(c) RESERVATIONS.—From amounts appropriated under section 
6234 for this subpart for a fiscal year, the Secretary shall reserve— 
"(1) one-half of 1 percent to make awards to elementary 
schools or secondary schools operated or supported by the 
Bureau of Indian Affairs, to carry out the activities authorized 
under this subpart; and 
"(2) one-half of 1 percent to make awards to the outlying 
areas in accordance with their respective needs, to carry out 
the activities authorized under this subpart. 
"SEC. 6222. USES OF FUNDS. 
"(a) LOCAL AWARDS.—Grant funds awarded to local educational 
agencies under this subpart shall be used for any of the following: 
"(1) Teacher recruitment and retention, including the use 
of signing bonuses and other financial incentives. 
"(2) Teacher professional development, including programs 
that train teachers to utilize technology to improve teaching 
and to train special needs teachers. 
"(3) Educational technology, including software and hard-
ware, as described in part D of title II. 
"(4) Parental involvement activities. 
"(5) Activities authorized under the Safe and Drug-Free 
Schools program under part A of title IV. 
"(6) Activities authorized under part A of title I. 
"(7) Activities authorized under title III. 
"(b) ADMINISTRATIVE 
COSTS.—^A State educational 
agency 
receiving a grant under this subpart may not use more than 5 
percent of the amount of the grant for State administrative costs 
and to provide technical assistance to eligible local educational 
agencies. 
"SEC. 6223. APPLICATIONS. 
"(a) IN GENERAL.—Each State educational agency or specially 
qualified agency desiring to receive a grant under this subpart 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary 
may require. 
"(b) CONTENTS.—^At a minimum, each application submitted 
under subsection (a) shall include information on specific measur-
able goals and objectives to be achieved through the activities 
carried out through the grant, which may include specific edu-
cational goals and objectives relating to— 
"(1) increased student academic achievement; 
"(2) decreased student dropout rates; or 
"(3) such other factors as the State educational agency 
or specially qualified agency may choose to measure. 
20 use 7351a. 
20 use 7351b. 
115 STAT. 1896 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 u s e 7351c. 
"SEC. 6224. ACCOUNTABILITY. 
"(a) STATE REPORT.—Each State educational agency that 
receives a grant under this subpart shall prepare and submit an 
annual report to the Secretary. The report shall describe— 
"(1) the method the State educational agency used to award 
grants to eligible local educational agencies, and to provide 
assistance to schools, under this subpart; 
"(2) how local educational agencies and schools used funds 
provided under this subpart; and 
"(3) the degree to which progress has been made toward 
meeting the goals and objectives described in the application 
submitted under section 6223. 
"(b) 
SPECIALLY QUALIFIED AGENCY REPORT.—Each specially 
qualified agency that receives a grant under this subpart shall 
provide an annual report to the Secretary. Such report shall 
describe— 
"(1) how such agency uses funds provided under this sub-
part; and 
"(2) the degree to which progress has been made toward 
meeting the goals and objectives described in the application 
submitted under section 6223. 
"(c) REPORT TO CONGRESS.—The Secretary shall prepare and 
submit to the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a biennial report. The report 
shall describe— 
"(1) the methods the State educational agencies used to 
award grants to eligible local educational agencies, and to pro-
vide assistance to schools, under this subpart; 
local educational agencies and schools used funds provided 
under this subpart; and 
"(3) the degree to which progress has been made toward 
meeting the goals and objectives described in the applications 
submitted under section 6223. 
"(d) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local edu-
cational agency or specially qualified agency that receives a grant 
under this subpart for a fiscal year shall administer an assessment 
that is consistent with section 1111(b)(3). 
"(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.— 
Each State educational agency or specially qualified agency that 
receives a grant under this subpart shall— 
"(1) after the third year that a local educational agency 
or specially qualified agency in the State receives funds under 
this subpart, and on the basis of the results of the assessments 
described in subsection (d)— 
"(A) in the case of a local educational agency, determine 
whether the local educational agency made adequate yearly 
progress, as described in section 1111(b)(2); and 
"(B) in the case of a specially qualified agency, submit 
to the Secretary information that would allow the Secretary 
to determine whether the specially qualified agency has 
made adequate yearly progress, as described in section 
1111(b)(2); 
"(2) permit only those local educational agencies or specially 
qualified agencies that made adequate yearly progress, as 
described in section 1111(b)(2), to continue to receive grants 
under this subpart; and 
• •—^tj<»j'---'V'r* 
PUBLIC LAW 107-1 IONIAN. 8, 2002 
115 STAT. 1897 
"(3) permit those local educational agencies or specially 
qualified agencies that failed to make adequate yearly progress, 
as described in section 1111(b)(2), to continue to receive such 
grants only if the State educational agency disbursed such 
grants to the local educational agencies or specially qualified 
agencies to carry out the requirements of section 1116. 
"Subpart 3—General Provisions 
"SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION. 20 USC 7355. 
"(a) CENSUS DETERMINATION.—^Each local educational agency Deadlines, 
desiring a grant under section 6212 and each local educational 
agency or specially qualified agency desiring a grant under subpart 
2 shall— 
"(1) not later than December 1 of each year, conduct a 
census to determine the number of students in average daily 
attendance in kindergarten through grade 12 at the schools 
served by the agency; and 
"(2) not later than March 1 of each year, submit the number 
described in paragraph (1) to the Secretary (and to the State 
educational agency, in the case of a local educational agency 
seeking a grant under subpart (2)). 
"(b) PENALTY.—If the Secretary determines that a local edu-
cational agency or specially qualified agency has knowingly sub-
mitted false information under subsection (a) for the purpose of 
gaining additional funds under section 6212 or subpart 2, then 
the agency shall be fined an amount equal to twice the difference 
between the amount the agency received under this section and 
the correct amount the agency would have received under section 
6212 or subpart 2 if the agency had submitted accurate information 
under subsection (a). 
"SEC. 6232. SUPPLEMENT, NOT SUPPLANT. 
20 USC 7355a. 
"Funds made available under subpart 1 or subpart 2 shall 
be used to supplement, and not supplant, any other Federal, State, 
or local education funds. 
"SEC. 6233. RULE OF CONSTRUCTION. 
20 USC 7355b. 
"Nothing in this part shall be construed to prohibit a local 
educational agency that enters into cooperative arrangements with 
other local educational agencies for the provision of special, compen-
satory, or other education services, pursuant to State law or a 
written agreement, from entering into similar arrangements for 
the use, or the coordination of the use, of the funds made available 
under this part. 
"SEC. 6234. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 7355c. 
"There are authorized to be appropriated to carry out this 
part $300,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of the 5 succeeding fiscal years, to be distrib-
uted equally between subparts 1 and 2. 
"PART C—GENERAL PROVISIONS 
"SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
20 USC 7371. 
OR CONTROL. 
"Nothing in this title shall be construed to authorize an officer 
or employee of the Federal Grovemment to mandate, direct, or 
115 STAT. 1898 
PUBLIC LAW 107-110-JAN. 8, 2002 
control a State, local educational agency, or school's specific instruc-
tional content, academic achievement standards and assessments, 
curriculum, or program of instruction, as a condition of eligibility 
to receive funds under this Act. 
20 u s e 7372. 
"SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 
"Nothing in this title shall be construed to mandate equalized 
spending per pupil for a State, local educational agency, or school.". 
SEC. 602. AMENDMENT TO THE NATIONAL EDUCATION STATISTICS 
ACT OF 1994. 
(a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Sec-
tion 411 of the National Education Statistics Act of 1994 (20 U.S.C. 
9010) is amended to read as follows: 
"SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS. 
"(a) ESTABLISHMENT.—The Commissioner shall, with the advice 
of the National Assessment Governing Board established under 
section 412, and with the technical assistance of the Advisory 
Council established under section 407, carry out, through grants, 
contracts, or cooperative agreements with one or more qualified 
organizations, or consortia thereof, a National Assessment of Edu-
cational Progress, which collectively refers to a national assessment. 
State assessments, and a long-term trend assessment in reading 
and mathematics. 
"(b) PURPOSE; STATE ASSESSMENTS.— 
"(1) PURPOSE.—The purpose of this section is to provide, 
in a timely manner, a fair and accurate measurement of student 
academic achievement and reporting trends in such achieve-
ment in reading, mathematics, and other subject matter as 
specified in this section. 
"(2) MEASUREMENT AND REPORTING.—The Commissioner, 
in carrying out the measurement and reporting described in 
paragraph (1), shall— 
"(A) use a random sampling process which is consistent 
with relevant, widely accepted professional assessment 
standards and that produces data that are representative 
on a national and regional basis; 
"(B) conduct a national assessment and collect and 
report assessment data, including achievement data trends, 
in a valid and reliable manner on student academic 
achievement in public and private elementary schools and 
secondary schools at least once every 2 years, in grades 
4 and 8 in reading and mathematics; 
"(C) conduct a national assessment and collect and 
report assessment data, including achievement data trends, 
in a valid and reliable manner on student academic 
achievement in public and private schools in reading and 
mathematics in grade 12 in regularly scheduled intervals, 
but at least as often as such assessments were conducted 
prior to the date of enactment of the No Child Left Behind 
Act of 2001; 
"(D) to the extent time and resources allow, and after 
the requirements described in subparagraph (B) are imple-
mented and the requirements described in subparagraph 
(C) are met, conduct additional national assessments and 
collect and report assessment data, including achievement 
data trends, in a valid and reliable manner on student 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1899 
academic achievement in grades 4, 8, and 12 in public 
and private elementary schools and secondary schools in 
regularly scheduled intervals in additional subject matter, 
including writing, science, history, geography, civics, 
economics, foreign languages, and arts, and the trend 
assessment described in subparagraph (F); 
"(E) conduct the reading and mathematics assessments 
described in subparagraph (B) in the same year, and every 
other year thereafter, to provide for 1 year in which no 
such assessments are conducted in between each adminis-
tration of such assessments; 
"(F) continue to conduct the trend assessment of aca-
demic achievement at ages 9, 13, and 17 for the purpose 
of maintaining data on long-term trends in reading and 
mathematics; 
"(G) include information on special groups, including, 
whenever feasible, information collected, cross tabulated, 
compared, and reported by race, ethnicity, socioeconomic 
status, gender, disability and limited English proficiency; 
and 
"(H) ensure that achievement data are made available 
on a timely basis following official reporting, in a manner 
that facilitates further analysis and that includes trend 
lines. 
"(3) STATE ASSESSMENTS.— 
"(A) IN GENERAL.—The Commissioner— 
"(i) shall conduct biennial State academic assess-
ments of student achievement in reading and mathe-
matics in grades 4 and 8 as described in paragraphs 
(l)(B)and(l)(E); 
"(ii) may conduct the State academic assessments 
of student achievement in reading and mathematics 
in grade 12 as described in paragraph (1)(C); 
"(iii) may conduct State academic assessments of 
student achievement in grades 4, 8, and 12 as described 
in paragraph (1)(D); and 
"(iv) shall conduct each such State assessment, 
in each subject area and at each grade level, on a 
developmental basis until the Commissioner deter-
mines, as the result of an evaluation required by sub-
section (f), that such assessment produces high quality 
data that are valid and reliable. 
"(B) AGREEMENT.— 
"(i) IN GENERAL.—States participating in State 
assessments shall enter into an agreement with the 
Secretary pursuant to subsection (d)(3). 
"(ii) CONTENT.—Such agreement shall contain 
information sufficient to give States full information 
about the process for decision-making (which shall 
include the consensus process used), on objectives to 
be tested, and the standards for random sampling, 
test administration, test security, data collection, 
validation, and reporting. 
"(C) REVIEW AND RELEASE.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii), a participating State shall review and give permis-
sion for the release of results from any test of its 
115 STAT. 1900 
PUBLIC LAW 107-110—JAN. 8, 2002 
students administered as a part of a State assessment 
prior to the release of such data. Refusal by a State 
to release its data shall not restrict the release of 
data from other States that have approved the release 
of such data. 
"(ii) SPECIAL RULE.—^A State participating in the 
biennial academic assessments of student achievement 
in reading and mathematics in grades 4 and 8 shall 
be deemed to have given its permission to release 
its data if the State has an approved plan under section 
1111 of the Elementary and Secondary Education Act 
of 1965. 
"(4) PROHIBITED ACTIVITIES.— 
"(A) IN GENERAL.—The use of assessment items and 
data on any assessment authorized under this section by 
an agent or agents of the Federal Government to rank, 
compare, or otherwise evaluate individual students or 
teachers, or to provide rewards or sanctions for individual 
students, teachers, schools or local educational agencies 
is prohibited. 
"(B) SPECIAL RULE.—^Any assessment authorized under 
this section shall not be used by an agent or agents of 
the Federal Government to establish, require, or influence 
the standards, assessments, curriculum, including lesson 
plans, textbooks, or classroom materials, or instructional 
practices of States or local educational agencies. 
"(C) 
APPLICABILITY 
TO 
STUDENT 
EDUCATIONAL 
DECISIONS.—Nothing in this section shall be construed to 
prescribe the use of any assessment authorized under this 
section for student promotion or graduation purposes. 
"(D) APPLICABILITY TO HOME SCHOOLS.—^Nothing in this 
section shall be construed to affect home schools, whether 
or not a home school is treated as a home school or a 
private school under State law, nor shall any home schooled 
student be required to participate in any assessment ref-
erenced or authorized under this section. 
"(5) REQUIREMENT.—In carrying out any assessment 
authorized under this section, the Commissioner, in a manner 
consistent with subsection (c)(2), shall— 
"(A) use widely accepted professional testing standards, 
objectively measure academic achievement, knowledge, and 
skills, and ensure that any academic assessment authorized 
under this section be tests that do not evaluate or assess 
personal or family beliefs and attitudes or publicly disclose 
personally identifiable information; 
"(B) only collect information that is directly related 
to the appraisal of academic achievement, and to the fair 
and accurate presentation of such information; and 
"(C) collect information on race, ethnicity, socio-
economic status, disability, limited English proficiency, and 
gender. 
"(6) TECHNICAL ASSISTANCE.—In carrying out any assess-
ment authorized under this section, the Commissioner may 
provide technical assistance to States, localities, and other par-
ties. 
"(c) ACCESS.— 
"(1) PUBLIC ACCESS.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1901 
"(A) IN GENERAL.—Except as provided in paragraph 
(3), parents and members of the pubUc shall have access 
to all assessment data, questions, and complete and current 
assessment instruments of any assessment authorized 
under this section. The local educational agency shall make 
reasonable efforts to inform parents and members of the 
public about the access required under this paragraph. 
"(B) TIMELINE.—The access described in this paragraph 
shall be provided within 45 days of the date the request 
was made, in writing, and be made available in a secure 
setting that is convenient to both parties. 
"(C) PROHIBITION.—To protect the integrity of the 
assessment, no copy of the assessment items or assessment 
instruments shall be duplicated or taken from the secure 
setting. 
"(2) COMPLAINTS.— 
"(A) IN GENERAL.—Parents and members of the public 
may submit written complaints to the National Assessment 
Governing Board. 
"(B) 
FORWARDING 
OF COMPLAINTS.—The 
National 
Assessment Governing Board shall forward such com-
plaints to the Commissioner, the Secretary of Education, 
and the State and local educational agency from within 
which the complaint originated within 30 days of receipt 
of such complaint. 
"(C) REVIEW.—^The National Assessment Governing 
Board, in consultation with the Commissioner, shall review 
such complaint and determine whether revisions are nec-
essary and appropriate. As determined by such review, 
the Board shall revise, as necessary and appropriate, the 
procedures or assessment items that have generated the 
complaint and respond to the individual submitting the 
complaint, with a copy of such response provided to the 
Secretary, describing any action taken, not later than 30 
days after so acting. 
"(D) REPORT.—The Secretary shall submit a summary 
report of all complaints received pursuant to subparagraph 
(A) and responses by the National Assessment Governing 
Board pursuant to subparagraph (B) to the Chairman of 
the House Committee on Education and the Workforce, 
and the Chairman of the Senate Committee on Health, 
Education, Labor, and Pensions. 
"(E) COGNITIVE 
QUESTIONS.— 
"(i) IN GENERAL.—The Commissioner may decline 
to make available through public means, such as 
posting on the Internet, distribution to the media, dis-
tribution through public agencies, or in response to 
a request under section 552 of title 5, United States 
Code, for a period, not to exceed 10 years after initial 
use, cognitive questions that the Commissioner intends 
to reuse in the future. 
"(ii) EXTENSION.—Notwithstanding clause (i), the 
Commissioner may decline to make cognitive questions 
available as described in clause (i) for a period longer 
than 10 years if the Commissioner determines such 
additional period is necessary to protect the security 
and integrity of long-term trend data. 
115 STAT. 1902 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(3) PERSONALLY IDENTIFIABLE INFORMATION.— 
"(A) IN GENERAL.—The Commissioner shall ensure that 
all personally identifiable information about students, their 
academic achievement, and their families, and that 
information with respect to individual schools, remains con-
fidential, in accordance with section 552a of title 5, United 
States Code. 
"(B) PROHIBITION.—The National Board, the Commis-
sioner, and any contractor or subcontractor shall not main-
tain any system of records containing a student's name, 
birth information, Social Security number, or parents' name 
or names, or any other personally identifiable information. 
"(4) PENALTIES.—^Any unauthorized person who knowingly 
discloses, publishes, or uses assessment questions, or complete 
and current assessment instruments of any assessment author-
ized under this section may be fined as specified in section 
3571 of title 18, United States Code or charged with a class 
E felony. 
"(d) PARTICIPATION.— 
"(1) 
VOLUNTARY 
PARTICIPATION.—Participation 
in 
any 
assessment authorized under this section shall be voluntary 
for students, schools, and local educational agencies. 
"(2) STUDENT PARTICIPATION.—Parents of children selected 
to participate in any assessment authorized under this section 
shall be informed before the administration of any authorized 
assessment, that their child may be excused from participation 
for any reason, is not required to finish any authorized assess-
ment, and is not required to answer any test question. 
"(3) STATE PARTICIPATION.— 
"(A) 
VOLUNTARY.—Participation 
in 
assessments 
authorized under this section, other than reading and 
mathematics in grades 4 and 8, shall be voluntary. 
"(B) 
AGREEMENT.—For 
reading and mathematics 
assessments in grades 4 and 8, the Secretary shall enter 
into an agreement with any State carrying out an assess-
ment for the State under this section. Each such agreement 
shall contain provisions designed to ensure that the State 
will participate in the assessment. 
"(4) REVIEW.—Representatives of State educational agen-
cies and local educational agencies or the chief State school 
officer shall\have the right to review any assessment item 
or procedure of any authorized assessment upon request in 
a manner consistent with subsection (c), except the review 
described in subparagraph (2)(C) of subsection (c) shall take 
place in consultation with the representatives described in this 
paragraph. 
"(e) STUDENT ACHIEVEMENT LEVELS.— 
"(1) ACHIEVEMENT LEVELS.—The National Assessment Gov-
erning Board shall develop appropriate student achievement 
levels for each grade or age in each subject area to be tested 
under assessments authorized under this section, except the 
trend assessment described in subsection (b)(2)(F). 
"(2) DETERMINATION OF LEVELS.— 
"(A) IN GENERAL.—Such levels shall— 
"(i) be determined by— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1903 
"(I) identifying the knowledge that can be 
measured and verified objectively using widely 
accepted professional assessment standards; and 
"(11) developing achievement levels that are 
consistent with relevant widely accepted profes-
sional assessment standards and based on the 
appropriate level of subject matter knowledge for 
grade levels to be assessed, or the age of the stu-
dents, as the case may be. 
"(B) NATIONAL CONSENSUS APPROACH.—^After the deter-
minations described in subparagraph (A), devising a 
national consensus approach. 
"(C) TRIAL BASIS.—The achievement levels shall be 
used on a trial basis until the Commissioner determines, 
as a result of an evaluation under subsection (f), that 
such levels are reasonable, valid, and informative to the 
public. 
"(D) STATUS.—The Commissioner and the Board shall 
ensure that reports using such levels on a trial basis do 
so in a manner that makes clear the status of such levels. 
"(E) UPDATES.—Such levels shall be updated as appro-
priate by the National Assessment Governing Board in 
consultation with the Commissioner. 
"(3) REPORTING.—^After determining that such levels are 
reasonable, valid, and informative to the public, as the result 
of an evaluation under subsection (f), the Commissioner shall 
use such levels or other methods or indicators for reporting 
results of the National Assessment and State assessments. 
"(4) REVIEW.—The National Assessment Governing Board 
shall provide for a review of any trial student achievement 
levels under development by representatives of State edu-
cational agencies or the chief State school officer in a manner 
consistent with subsection (c), except the review described in 
subparagraph (2)(C) shall take place in consultation with the 
representatives described in this paragraph. 
"(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.— 
"(1) REVIEW.— 
"(A) IN GENERAL.—^The Secretary shall provide for con-
tinuing review of any assessment authorized under this 
section, and student achievement levels, by one or more 
professional assessment evaluation organizations. 
"(B) ISSUES ADDRESSED.—Such continuing review shall 
address— 
"(i) whether any authorized assessment is properly 
administered, produces high quality data that are valid 
and reliable, is consistent 
with relevant 
widely 
accepted professional assessment standards, and pro-
duces data on student achievement that are not other-
wise available to the State (other than data comparing 
participating States to each other and the Nation); 
"(ii) whether student 
achievement levels are 
reasonable, valid, reliable, and informative to the 
public;-
"(iii) whether any authorized assessment is being 
administered as a random sample and is reporting 
the trends in academic achievement in a valid and 
reliable manner in the subject areas being assessed; 
115 STAT. 1904 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(iv) whether any of the test questions are biased, 
as described in section 412(e)(4); and 
"(v) whether the appropriate authorized assess-
ments are measuring, consistent with this section, 
reading abihty and mathematical knowledge. 
"(2) REPORT.—The Secretary shall report to the Committee 
on Education and the Workforce of the House of Representa-
tives and the Committee on Health, Education, Labor, and 
Pensions of the Senate, the President, and the Nation on the 
findings and recommendations of such reviews. 
"(3) USE OF FINDINGS AND RECOMMENDATIONS.—The 
Commissioner and the National Assessment Governing Board 
shall consider the findings and recommendations of such 
reviews in designing the competition to select the organization, 
or organizations, through which the Commissioner carries out 
the National Assessment. 
"(g) COVERAGE AGREEMENTS.— 
"(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary 
and the Secretary of Defense may enter into an agreement, 
including such terms as are mutually satisfactory, to include 
in the National Assessment elementary schools and secondary 
schools operated by the Department of Defense. 
"(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary 
and the Secretary of the Interior may enter into an agreement, 
including such terms as are mutually satisfactory, to include 
in the National Assessment schools for Indian children operated 
or supported by the Bureau of Indian Affairs.". 
(b) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412 
of the National Education Statistics Act of 1994 (20 U.S.C. 9011) 
is amended to read as follows: 
"SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD. 
"(a) ESTABLISHMENT.—There is established the National Assess-
ment Governing Board (hereafter in this title referred to as the 
'Board'), which shall formulate policy guidelines for the National 
Assessment. 
"(b) MEMBERSHIP.— 
"(1) APPOINTMENT AND COMPOSITION.—The Board shall be 
appointed by the Secretary and be composed as follows: 
"(A) Two Governors, or former Governors, who shall 
not be members of the same political party. 
"(B) Two State legislators, who shall not be members 
of the same political party. 
"(C) Two chief State school officers. 
"(D) One superintendent of a local educational agency. 
"(E) One member of a State board of education. 
"(F) One member of a local board of education. 
"(G) Three classroom teachers representing the grade 
levels at which the National Assessment is conducted. 
"(H) One representative of business or industry. 
"(I) Two curriculum specialists. 
"(J) Three testing and measurement experts, who shall 
have training and experience in the field of testing and 
measurement. 
"(K) One nonpublic school administrator or policy-
maker. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1905 
"(L) Two school principals, of whom one shall be an 
elementary school principal and one shall be a secondary 
school principal. 
"(M) Two parents who are not employed by a local, 
State or Federal educational agency. 
"(N) Two additional members who are representatives 
of the general public, and who may be parents, but who 
are not employed by a local. State, or Federal educational 
agency. 
"(2) i^SISTANT SECRETARY FOR EDUCATIONAL RESEARCH.— 
The Assistant Secretary for Educational Research and Improve-
ment shall serve as an ex officio, nonvoting member of the 
Board. 
"(3) BALANCE AND DIVERSITY.—The Secretary and the Board 
shall ensure at all times that the membership of the Board 
reflects regional, racial, gender, and cultural balance and diver-
sity and that the Board exercises its independent judgment, 
free from inappropriate influences and special interests. 
"(c) TERMS.— 
"(1) IN GENERAL.—Terms of service of members of the Board 
shall be staggered and may not exceed a period of 4 years, 
as determined by the Secretary. 
"(2) SERVICE LIMITATION.—Members of the Board may serve 
not more than two terms. 
"(3) CHANGE OF STATUS.—^A member of the Board who 
changes status under subsection (b) during the term of the 
appointment of the member may continue to serve as a member 
until the expiration of such term. 
"(4) CONFORMING PROVISION.—Members of the Board pre-
viously granted 3 year terms, whose terms are in effect on 
the date of enactment of the Department of Education Appro-
priations Act, 2001, shall have their terms extended by 1 year. 
"(d) VACANCIES.— 
"(1) IN GENERAL.— 
"(A) ORGANIZATIONS.—The Secretary shall appoint new 
members to fill vacancies on the Board from among individ-
uals who are nominated by organizations representing the 
type of individuals described in subsection (b)(1) with 
respect to which the vacancy exists. 
"(B) 
NOMINATIONS.—Each 
organization 
submitting 
nominations to the Secretary with respect to a particular 
vacancy shall nominate for such vacancy six individuals 
who are qualified by experience or training to fill the 
particular Board vacancy. 
"(C) 
MAINTENANCE 
OF 
BOARD.—The 
Secretary's 
appointments shall maintain the composition, diversity, 
and balance of the Board required under subsection (b). 
"(2) ADDITIONAL NOMINATIONS.—The Secretary may request 
that each organization described in paragraph (1)(A) submit 
additional nominations if the Secretary determines that none 
of the individuals nominated by such organization have appro-
priate knowledge or expertise. 
"(e) DUTIES.— 
"(1) IN GENERAL.—In carrying out its functions under this 
section the Board shall— 
"(A) select the subject areas to be assessed (consistent 
with section 411(b)); 
115 STAT. 1906 
PUBLIC LAW 107-110-JAN. 8, 2002 
Deadline. 
"(B) develop appropriate student achievement levels 
as provided in section 411(e); 
"(C) develop assessment objectives consistent with the 
requirements of this section and test specifications that 
produce an assessment that is valid and reliable, and are 
based on relevant widely accepted professional standards; 
"(D) develop a process for review of the assessment 
which includes the active participation of teachers, cur-
riculum specialists, local school administrators, parents, 
and concerned members of the public; 
"(E) design the methodology of the assessment to 
ensure that assessment items are valid and reliable, in 
consultation with appropriate technical experts in measure-
ment and assessment, content and subject matter, sam-
pling, and other technical experts who engage in large 
scale surveys, including the Advisory Council established 
under section 407; 
"(F) consistent with section 411, measure student aca-
demic achievement in grades 4, 8, and 12 in the authorized 
academic subjects; 
"(G) develop guidelines for reporting and disseminating 
results; 
"(H) develop standards and procedures for regional 
and national comparisons; and 
"(I) take appropriate actions needed to improve the 
form, content, use, and reporting of results of any assess-
ment authorized by section 411 consistent with the provi-
sions of this section and section 411. 
"(2) DELEGATION.—The Board may delegate any of the 
Board's procedural and administrative functions to its staff. 
"(3) 
ALL 
COGNITIVE 
AND 
NONCOGNITIVE 
ASSESSMENT 
ITEMS.—The Board shall have final authority on the appro-
priateness of all assessment items. 
"(4) PROHIBITION AGAINST BL\S.—The Board shall take steps 
to ensure that all items selected for use in the National Assess-
ment are free from racial, cultural, gender, or regional bias 
and are secular, neutral, and non-ideological. 
"(5) TECHNICAL.—In carrying out the duties required by 
paragraph (1), the Board may seek technical advice, as appro-
priate, from the Commissioner and the Advisory Council on 
Education Statistics and other experts. 
"(6) REPORT.—Not later than 90 days after an evaluation 
of the student achievement levels under section 411(e), the 
Board shall make a report to the Secretary, the Committee 
on Education and the Workforce of the House of Representa-
tives, and the Committee on Health, Education, Labor, and 
Pensions of the Senate describing the steps the Board is taking 
to respond to each of the recommendations contained in such 
evaluation. 
"(f) PERSONNEL.— 
"(1) IN GENERAL.—In the exercise of its responsibilities, 
the Board shall be independent of the Secretary and the other 
offices and officers of the Department, 
"(2) STAFF.— 
"(A) IN GENERAL.—The Secretary may appoint, at the 
request of the Board, such staff as will enable the Board 
to carry out its responsibilities. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1907 
"(B) TECHNICAL EMPLOYEES.—Such appointments may 
include, for terms not to exceed 3 years and without regard 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, not more than 
six technical employees who may be paid without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General 
Schedule pay rates. 
"(g) COORDINATION.—The Commissioner and the Board shall 
meet periodically— 
"(1) to ensure coordination of their duties and activities 
relating to the National Assessment; and 
"(2) for the Commissioner to report to the Board on the 
Department's actions to implement the decisions of the Board. 
"(h) ADMINISTRATION.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply with respect to the Board, other 
than sections 10, 11, and 12 of such Act.". 
TITLE VII—INDIAN, NATIVE HAWAIIAN, 
AND ALASKA NATIVE EDUCATION 
SEC. 701. INDIANS, NATIVE H A W A I I A N S , AND ALASKA NATIVES. 
Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows: 
"TITLE VII—INDIAN, NATIVE HAWAIIAN, 
AND ALASKA NATIVE EDUCATION 
"PART A—INDIAN EDUCATION 
"SEC. 7101. STATEMENT OF POLICY. 
20 USC 7401. 
"It is the policy of the United States to fulfill the Federal 
Government's unique and continuing trust relationship with and 
responsibility to the Indian people for the education of Indian 
children. The Federal Government will continue to work with local 
educational agencies, Indian tribes and organizations, postsec-
ondary institutions, and other entities toward the goal of ensuring 
that programs that serve Indian children are of the highest quality 
and provide for not only the basic elementary and secondary edu-
cational needs, but also the unique educational and culturally 
related academic needs of these children. 
"SEC. 7102. PURPOSE. 
20 USC 7402. 
"(a) PURPOSE.—It is the purpose of this part to support the 
efforts of local educational agencies, Indian tribes and organizations, 
postsecondary institutions, and other entities to meet the unique 
educational and culturally related academic needs of American 
Indian and Alaska Native students, so that such students can 
meet the same challenging State student academic achievement 
standards as all other students are expected to meet. 
"(b) PROGRAMS.—^This part carries out the purpose described 
in subsection (a) by authorizing programs of direct assistance for— 
"(1) meeting the unique educational and culturally related 
academic needs of American Indians and Alaska Natives; 
"(2) the education of Indian children and adults; 
115 STAT. 1908 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(3) the training of Indian persons as educators and coun-
selors, and in other professions serving Indian people; and 
"(4) research, evaluation, data collection, and technical 
assistance. 
"Subpart 1—Formula Grants to Local Educational 
Agencies 
20 use 7421. 
"SEC. 7111. PURPOSE. 
"It is the purpose of this subpart to support local educational 
agencies in their efforts to reform elementary school and secondary 
school programs that serve Indian students in order to ensure 
that such programs— 
"(1) are based on challenging State academic content and 
student academic achievement standards that are used for all 
students; and 
"(2) are designed to assist Indian students in meeting those 
standards. 
20 use 7422. 
"SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 
"(a) IN GENERAL.—The Secretary may make grants, from alloca-
tions made under section 7113, to local educational agencies and 
Indian tribes, in accordance with this section and section 7113. 
"(b) LOCAL EDUCATIONAL AGENCIES.— 
"(1) ENROLLMENT 
REQUIREMENTS.—^A local educational 
agency shall be eligible for a grant under this subpart for 
any fiscal year if the number of Indian children eligible under 
section 7117 who were enrolled in the schools of the agency, 
and to whom the agency provided free public education, during 
the preceding fiscal year— 
"(A) was at least 10; or 
"(B) constituted not less than 25 percent of the total 
number of individuals enrolled in the schools of such 
agency. 
"(2) EXCLUSION.—The requirement of paragraph (1) shall 
not apply in Alaska, California, or Oklahoma, or with respect 
to any local educational agency located on, or in proximity 
to, a reservation. 
"(c) INDIAN TRIBES.— 
"(1) IN GENERAL.—If a local educational agency that is 
otherwise eligible for a grant under this subpart does not 
establish a committee under section 7114(c)(4) for such grant, 
an Indian tribe that represents not less than V
2 of the eligible 
Indian children who are served by such local educational agency 
may apply for such grant. 
"(2) SPECIAL RULE.—The Secretary shall treat each Indian 
tribe applying for a grant pursuant to paragraph (1) as if 
such Indian tribe were a local educational agency for purposes 
of this subpart, except that any such tribe is not subject to 
section 7114(c)(4), section 7118(c), or section 7119. 
20 use 2423. 
"SEC. 7113. AMOUNT OF GRANTS. 
"(a) AMOUNT OF GRANT AWARDS.— 
"(1) IN GENERAL.—Except as provided in subsection (b) 
and paragraph (2), the Secretary shall allocate to each local 
educational agency that has an approved application under 
this subpart an amount equal to the product o
f
— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1909 
"(A) the number of Indian children who are eligible 
under section 7117 and served by such agency; and 
"(B) the greater of— 
"(i) the average per pupil expenditure of the State 
in which such agency is located; or 
"(ii) 80 percent of the average per pupil expendi-
ture of all the States. 
"(2) REDUCTION.—The Secretary shall reduce the amount 
of each allocation otherwise determined under this section in 
accordance with subsection (e). 
"(b) MINIMUM GRANT.— 
"(1) IN GENERAL.—Notwithstanding subsection (e), an entity 
that is eligible for a grant under section 7112, and a school 
that is operated or supported by the Bureau of Indian Affairs 
that is eligible for a grant under subsection (d), that submits 
an application that is approved by the Secretary, shall, subject 
to appropriations, receive a grant under this subpart in an 
amount that is not less than $3,000. 
"(2) CONSORTIA.—Local educational agencies may form a 
consortium for the purpose of obtaining grants under this sub-
part. 
"(3) INCREASE.—The Secretary may increase the minimum 
grant under paragraph (1) to not more than $4,000 for all 
grantees if the Secretary determines such increase is necessary 
to ensure the quality of the programs provided. 
"(c) DEFINITION.—For the purpose of this section, the term 
'average per pupil expenditure', used with respect to a State, means 
an amount equal to— 
"(1) the sum of the aggregate current expenditures of all 
the local educational agencies in the State, plus any direct 
current expenditures by the State for the operation of such 
agencies, without regard to the sources of funds from which 
such local or State expenditures were made, during the second 
fiscal year preceding the fiscal year for which the computation 
is made; divided by 
"(2) the aggregate number of children who were included 
in average daily attendance for whom such agencies provided 
free public education during such preceding fiscal year. 
"(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF 
INDIAN AFFAIRS.— 
"(1) IN GENERAL.—Subject to subsection (e), in addition 
to the grants awarded under subsection (a), the Secretary shall 
allocate to the Secretary of the Interior an amount equal to 
the product of— 
"(A) the total number of Indian children enrolled in 
schools that are operated by— 
"(i) the Bureau of Indian Affairs; or 
"(ii) an Indian tribe, or an organization controlled 
or sanctioned by an Indian tribal government, for the 
children of that tribe under a contract with, or grant 
from, the Department of the Interior under the Indian 
Self-Determination Act or the Tribally Controlled 
Schools Act of 1988; and 
"(B) the greater of— 
"(i) the average per pupil expenditure of the State 
in which the school is located; or 
115 STAT. 1910 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) 80 percent of the average per pupil expendi-
ture of all the States. 
"(2) SPECIAL RULE.—^Any school described in paragraph 
(1)(A) that wishes to receive an allocation under this subpart 
shall submit an application in accordance with section 7114, 
and shall otherwise be treated as a local educational agency 
for the purpose of this subpart, except that such school shall 
not be subject to section 7114(c)(4), section 7118(c), or section 
7119. 
"(e) RATABLE REDUCTIONS.—If the sums appropriated for any 
fiscal year under section 7152(a) are insufficient to pay in full 
the amounts determined for local educational agencies under sub-
section (a)(1) and for the Secretary of the Interior under subsection 
(d), each of those amounts shall be ratably reduced. 
20 use 7424. 
"SEC, 7114. APPLICATIONS. 
"(a) APPLICATION REQUIRED.—Each local educational agency 
that desires to receive a grant under this subpart shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may reasonably 
require. 
"(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application 
submitted under subsection (a) shall include a description of a 
comprehensive program for meeting the needs of Indian children 
served by the local educational agency, including the language 
and cultural needs of the children, that— 
"(1) describes how the comprehensive program will offer 
programs and activities to meet the culturally related academic 
needs of American Indian and Alaska Native students; 
"(2)(A) is consistent with the State and local plans sub-
mitted under other provisions of this Act; and 
"(B) includes academic content and student academic 
achievement goals for such children, and benchmarks for 
attaining such goals, that are based on the challenging State 
academic content and student academic achievement standards 
adopted under title I for all children; 
"(3) explains how Federal, State, and local programs, espe-
cially programs carried out under title I, will meet the needs 
of such students; 
"(4) demonstrates how funds made available under this 
subpart will be used for activities described in section 7115; 
"(5) describes the professional development opportunities 
that will be provided, as needed, to ensure that— 
"(A) teachers and other school professionals who are 
new to the Indian community are prepared to work with 
Indian children; and 
"(B) all teachers who will be involved in programs 
assisted under this subpart have been properly trained 
to carry out such programs; and 
"(6) describes how the local educational agency— 
"(A) will periodically assess the progress of all Indian 
children enrolled in the schools of the local educational 
agency, including Indian children who do not participate 
in programs assisted under this subpart, in meeting the 
goals described in paragraph (2); 
"(B) will provide the results of each assessment 
referred to in subparagraph (A) to— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1911 
"(i) the committee described in subsection (c)(4); 
and 
"(ii) the community served by the local educational 
agency; and 
"(C) is responding to findings of any previous assess-
ments that are similar to the assessments described in 
subparagraph (A). 
"(c) ASSURANCES.—Each application submitted under subsection 
(a) shall include assurances that— 
"(1) the local educational agency will use funds received 
under this subpart only to supplement the funds that, in the 
absence of the Federal funds made available under this subpart, 
such agency would make available for the education of Indian 
children, and not to supplant such funds; 
"(2) the local educational agency will prepare and submit 
to the Secretary such reports, in such form and containing 
such information, as the Secretary may require to— 
"(A) carry out the functions of the Secretary under 
this subpart; and 
"(B) determine the extent to which activities carried 
out with funds provided to the local educational agency 
under this subpart are effective in improving the edu-
cational achievement of Indian students served by such 
agency; 
"(3) the program for which assistance is sought— 
"(A) is based on a comprehensive local assessment 
and prioritization of the unique educational and culturally 
related academic needs of the American Indian and Alaska 
Native students for whom the local educational agency 
is providing an education; 
"(B) will use the best available talents and resources, 
including individuals from the Indian community; and 
"(C) was developed by such agency in open consultation 
with parents of Indian children and teachers, and, if appro-
priate, Indian students from secondary schools, including 
through public hearings held by such agency to provide 
to the individuals described in this subparagraph a full 
opportunity to understand the program and to offer rec-
ommendations regarding the program; and 
"(4) the local educational agency developed the program 
with the participation and written approval of a committee— 
"(A) that is composed of, and selected by— 
"(i) parents of Indian children in the local edu-
cational agency's schools; 
"(ii) teachers in the schools; and 
"(iii) if appropriate, Indian students attending sec-
ondary schools of the agency; 
"(B) a majority of whose members are parents of Indian 
children; 
"(C) that has set forth such policies and procedures, 
including policies and procedures relating to the hiring 
of personnel, as will ensure that the program for which 
assistance is sought will be operated and evaluated in 
consultation with, and with the involvement of, parents 
of the children, and representatives of the area, to be 
served; 
115 STAT. 1912 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(D) with respect to an application describing a 
schoolwide program in accordance with section 7115(c), 
that has— 
"(i) reviewed in a timely fashion the program; and 
"(ii) determined that the program will not diminish 
the availability of culturally related activities for Amer-
ican Indian and Alaska Native students; and 
"(E) that has adopted reasonable bylaws for the conduct 
of the activities of the committee and abides by such 
bylaws. 
20 use 7425. 
"SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES. 
"(a) GENERAL REQUIREMENTS.—Each local educational agency 
that receives a grant under this subpart shall use the grant funds, 
in a manner consistent with the purpose specified in section 7111, 
for services and activities that— 
(1) are designed to carry out the comprehensive program 
of the local educational agency for Indian students, and 
described in the application of the local educational agency 
submitted to the Secretary under section 7114(a); 
"(2) are designed with special regard for the language and 
cultural needs of the Indian students; and 
"(3) supplement and enrich the regular school program 
of such agency. 
"(b) 
PARTICULAR 
ACTIVITIES.—The services and 
activities 
referred to in subsection (a) may include— 
"(1) culturally related activities that support the program 
described in the application submitted by the local educational 
agency; 
"(2) early childhood and family programs that emphasize 
school readiness; 
"(3) enrichment programs that focus on problem solving 
and cognitive skills development and directly support the 
attainment of challenging State academic content and student 
academic achievement standards; 
"(4) integrated educational services in combination with 
other programs that meet the needs of Indian children and 
their families; 
"(5) career preparation activities to enable Indian students 
to participate in programs such as the programs supported 
by the Carl D. Perkins Vocational and Technical Education 
Act of 1998, including programs for tech-prep education, men-
toring, and apprenticeship; 
"(6) activities to educate individuals concerning substance 
abuse and to prevent substance abuse; 
"(7) the acquisition of equipment, but only if the acquisition 
of the equipment is essential to achieve the purpose described 
in section 7111; 
"(8) activities that promote the incorporation of culturally 
responsive teaching and learning strategies into the educational 
program of the local educational agency; 
"(9) activities that incorporate American Indian and Alaska 
Native specific curriculum content, consistent with State stand-
ards, into the curriculum used by the local educational agency; 
"(10) family literacy services; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1913 
"(11) activities that recognize and support the unique cul-
tural and educational needs of Indian children, and incorporate 
appropriately qualified tribal elders and seniors. 
"(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provi-
sion of law, a local educational agency may use funds made available 
to such agency under this subpart to support a schoolwide program 
under section 1114 if— 
"(1) the 
committee 
established 
pursuant 
to 
section 
7114(c)(4) approves the use of the funds for the schoolwide 
program; and 
"(2) the schoolwide program is consistent with the purpose 
described in section 7111. 
"(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 
5 percent of the funds provided to a grantee under this subpart 
for any fiscal year may be used for administrative purposes. 
"SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED. 
20 USC 7426. 
"(a) PLAN.—^An entity receiving funds under this subpart may 
submit a plan to the Secretary for the integration of education 
and related services provided to Indian students. 
"(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an 
acceptable plan under subsection (a), the Secretary, in cooperation 
with each Federal agency providing grants for the provision of 
education and related services to the entity, shall authorize the 
entity to consolidate, in accordance with such plan, the federally 
funded education and related services programs of the entity and 
the Federal programs, or portions of the programs, serving Indian 
students in a manner that integrates the program services involved 
into a single, coordinated, comprehensive program and reduces 
administrative costs by consolidating administrative functions. 
"(c) PROGRAMS AFFECTED.—The funds that may be consolidated 
in a demonstration project under any such plan referred to in 
subsection (a) shall include funds for any Federal program exclu-
sively serving Indian children, or the funds reserved under any 
Federal program to exclusively serve Indian children, under which 
the entity is eligible for receipt of funds under a statutory or 
administrative formula for the purposes of providing education and 
related services that would be used to serve Indian students. 
"(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursu-
ant to subsection (b), the plan shall— 
"(1) identify the programs or funding sources to be consoli-
dated; 
"(2) be consistent with the objectives of this section con-
cerning authorizing the services to be integrated in a dem-
onstration project; 
"(3) describe a comprehensive strategy that identifies the 
full range of potential educational opportunities and related 
services to be provided to assist Indian students to achieve 
the objectives set forth in this subpart; 
"(4) describe the way in which services are to be integrated 
and delivered and the results expected from the plan; 
"(5) identify the projected expenditures under the plan 
in a single budget; 
"(6) identify the State, tribal, or local agency or agencies 
to be involved in the delivery of the services integrated under 
the plan; 
89-194 0 -03- 30 QL 3 Part 2 
115 STAT. 1914 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(7) identify any statutory provisions, regulations, policies, 
or procedures that the entity believes need to be waived in 
order to implement the plan; 
"(8) set forth measures for academic content and student 
academic achievement goals designed to be met within a specific 
period of time; and 
"(9) be approved by a committee formed in accordance 
with section 7114(c)(4), if such a committee exists. 
"(e) PLAN REVIEW.—Upon receipt of the plan from an eligible 
entity, the Secretary shall consult with the Secretary of each Fed-
eral department providing funds to be used to implement the plan, 
and with the entity submitting the plan. The parties so consulting 
shall identify any waivers of statutory requirements or of Federal 
departmental regulations, policies, or procedures necessary to 
enable the entity to implement the plan. Notwithstanding any 
other provision of law, the Secretary of the affected department 
shall have the authority to waive any regulation, policy, or proce-
dure promulgated by that department that has been so identified 
by the entity or department, unless the Secretary of the affected 
department determines that such a waiver is inconsistent with 
the objectives of this subpart or those provisions of the statute 
from which the program involved derives authority that are specifi-
cally applicable to Indian students. 
Deadline. 
"(f) PLAN APPROVAL.—^Within 90 days after the receipt of an 
entity's plan by the Secretary, the Secretary shall inform the entity, 
in writing, of the Secretary's approval or disapproval of the plan. 
If the plan is disapproved, the entity shall be informed, in writing, 
of the reasons for the disapproval and shall be given an opportunity 
to amend the plan or to petition the Secretary to reconsider such 
disapproval. 
Deadline. 
"(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not 
later than 180 days after the date of enactment of the No Child 
Left Behind Act of 2001, the Secretary of Education, the Secretary 
of the Interior, and the head of any other Federal department 
or agency identified by the Secretary of Education, shall enter 
into an interdepartmental memorandum of agreement providing 
for the implementation of the demonstration projects authorized 
under this section. The lead agency head for a demonstration project 
under this section shall be— 
"(1) the Secretary of the Interior, in the case of an entity 
meeting the definition of a contract or grant school under 
title XI of the Education Amendments of 1978; or 
"(2) the Secretary of Education, in the case of any other 
entity. 
"(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities 
of the lead agency shall include— 
"(1) the use of a single report format related to the plan 
for the individual project, which shall be used by an eligible 
entity to report on the activities undertaken under the project; 
"(2) the use of a single report format related to the projected 
expenditures for the individual project which shall be used 
by an eligible entity to report on all project expenditures; 
"(3) the development of a single system of Federal oversight 
for the project, which shall be implemented by the lead agency; 
and 
"(4) the provision of technical assistance to an eligible 
entity appropriate to the project, except that an eligible entity 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1915 
shall have the authority to accept or reject the plan for pro-
viding such technical assistance and the technical assistance 
provider. 
"(i) REPORT REQUIREMENTS.—^A single report format shall be 
developed by the Secretary, consistent with the requirements of 
this section. Such report format shall require that reports described 
in subsection (h), together with records maintained on the consoli-
dated program at the local level, shall contain such information 
as will allow a determination that the eligible entity has complied 
with the requirements incorporated in its approved plan, including 
making a demonstration of student academic achievement, and 
will provide assurances to each Secretary that the eligible entity 
has complied with all directly applicable statutory requirements 
and with those directly applicable regulatory requirements that 
have not been waived. 
"(j) No REDUCTION IN AMOUNTS.—In no case shall the amount 
of Federal funds available to an eligible entity involved in any 
demonstration project be reduced as a result of the enactment 
of this section. 
"(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Sec-
retary is authorized to take such action as may be necessary to 
provide for an interagency transfer of funds otherwise available 
to an eligible entity in order to further the objectives of this section. 
"(1) ADMINISTRATION OF FUNDS.— 
"(1) IN GENERAL.—Program funds for the consolidated pro-
grams shall be administered in such a manner as to allow 
for a determination that funds from a specific program are 
spent on allowable activities authorized under such program, 
except that the eligible entity shall determine the proportion 
of the funds granted that shall be allocated to such program. 
"(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this 
section shall be construed as requiring the eligible entity to 
maintain separate records tracing any services or activities 
conducted under the approved plan to the individual programs 
under which funds were authorized for the services or activities, 
nor shall the eligible entity be required to allocate expenditures 
among such individual programs. 
"(m) OVERAGE.—The eligible entity may commingle all adminis-
trative funds from the consolidated programs and shall be entitled 
to the full amount of such funds (under each program's or agency's 
regulations). The overage (defined as the difference between the 
amount of the commingled funds and the actual administrative 
cost of the programs) shall be considered to be properly spent 
for Federal audit purposes, if the overage is used for the purposes 
provided for under this section. 
"(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be 
construed so as to interfere with the ability of the Secretary or 
the lead agency to fulfill the responsibilities for the safeguarding 
of Federal funds pursuant to chapter 75 of title 31, United States 
Code. 
"(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA-
TION.— 
"(1) PRELIMINARY REPORT.—Not later than 2 years after Deadline, 
the date of enactment of the No Child Left Behind Act of 
2001, the Secretary of Education shall submit a preliminary 
report to the Committee on Education and the Workforce and 
the Committee on Resources of the House of Representatives 
115 STAT. 1916 
PUBLIC LAW 107-110-JAN. 8, 2002 
and the Committee on Health, Education, Labor, and Pensions 
and the Committee on Indian Affairs of the Senate on the 
status of the implementation of the demonstration projects 
authorized under this section. 
Deadline. 
"(2) FiNAL REPORT.—Not later than 5 years after the date 
of enactment of the No Child Left Behind Act of 2001, the 
Secretary of Education shall submit a report to the Committee 
on Education and the Workforce and the Committee on 
Resources of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions and the Committee 
on Indian Affairs of the Senate on the results of the 
implementation of the demonstration projects authorized under 
this section. Such report shall identify statutory barriers to 
the ability of participants to integrate more effectively their 
education and related services to Indian students in a manner 
consistent with the objectives of this section. 
"(p) DEFINITIONS.—For the purposes of this section, the term 
'Secretary' means— 
"(1) the Secretary of the Interior, in the case of an entity 
meeting the definition of a contract or grant school under 
title XI of the Education Amendments of 1978; or 
"(2) the Secretary of Education, in the case of any other 
entity. 
20 use 7427. 
"SEC. 7117. STUDENT ELIGIBILITY FORMS. 
"(a) IN GENERAL.—The Secretary shall require that, as part 
of an application for a grant under this subpart, each applicant 
shall maintain a file, with respect to each Indian child for whom 
the local educational agency provides a free public education, that 
contains a form that sets forth information establishing the status 
of the child as an Indian child eligible for assistance under this 
subpart, and that otherwise meets the requirements of subsection 
(b). 
"(b) FORMS.—The form described in subsection (a) shall 
include— 
"(1) either— 
"(A)(i) the name of the tribe or band of Indians (as 
defined in section 7151) with respect to which the child 
claims membership; 
"(ii) the enrollment number establishing the member-
ship of the child (if readily available); and 
"(iii) the name and address of the organization that 
maintains updated and accurate membership data for such 
tribe or band of Indians; or 
"(B) the name, the enrollment number (if readily avail-
able), and the name and address of the organization respon-
sible for maintaining updated and accurate membership 
data, of any parent or grandparent of the child from whom 
the child claims eligibility under this subpart, if the child 
is not a member of the tribe or band of Indians (as so 
defined); 
"(2) a statement of whether the tribe or band of Indians 
(as so defined), with respect to which the child, or parent 
or grandparent of the child, claims membership, is federally 
recognized; 
"(3) the name and address of the parent or legal guardian 
of the child; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1917 
"(4) a signature of the parent or legal guardian of the 
child that verifies the accuracy of the information supplied; 
and 
"(5) any other information that the Secretary considers 
necessary to provide an accurate program profile. 
"(c) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to affect a definition contained in section 7151. 
"(d) FORMS AND STANDARDS OF PROOF.—The forms and the 
standards of proof (including the standard of good faith compliance) 
that were in use during the 1985-86 academic year to establish 
the eligibility of a child for entitlement under the Indian Elementary 
and Secondary School Assistance Act shall be the forms and stand-
ards of proof used— 
"(1) to establish eligibility under this subpart; and 
"(2) to meet the requirements of subsection (a). 
"(e) DOCUMENTATION.—For purposes of determining whether 
a child is eligible to be counted for the purpose of computing 
the amount of a grant award under section 7113, the membership 
of the child, or any parent or grandparent of the child, in a tribe 
or band of Indians (as so defined) may be established by proof 
other than an enrollment number, notwithstanding the availability 
of an enrollment number for a member of such tribe or band. 
Nothing in subsection (b) shall be construed to require the fur-
nishing of an enrollment number. 
"(f) MONITORING AND EVALUATION REVIEW.— 
"(1) IN GENERAL.— 
"(A) REVIEW.—For each fiscal year, in order to provide 
such information as is necessary to carry out the responsi-
bility of the Secretary to provide technical assistance under 
this subpart, the Secretary shall conduct a monitoring and 
evaluation review of a sampling of the recipients of grants 
under this subpart. The sampling conducted under this 
subparagraph shall take into account the size of and the 
geographic location of each local educational agency. 
"(B) EXCEPTION.—^A local educational agency may not 
be held liable to the United States or be subject to any 
penalty, by reason of the findings of an audit that relates 
to the date of completion, or the date of submission, of 
any forms used to establish, before April 28, 1988, the 
eligibility of a child for an entitlement under the Indian 
Elementary and Secondary School Assistance Act. 
"(2) FALSE INFORMATION.—^Any local educational agency 
that provides false information in an application for a grant 
under this subpart shall— 
"(A) be ineligible to apply for any other grant under 
this subpart; and 
"(B) be liable to the United States for any funds from 
the grant that have not been expended. 
"(3) EXCLUDED CHILDREN.—^A student who provides false 
information for the form required under subsection (a) shall 
not be counted for the purpose of computing the amount of 
a grant under section 7113. 
"(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding 
any other provision of this section, in calculating the amount of 
a grant under this subpart to a tribal school that receives a grant 
or contract from the Bureau of Indian Affairs, the Secretary shall 
use only one of the following, as selected by the school: 
115 STAT. 1918 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(1) A count of the number of students in the schools 
certified by the Bureau. 
"(2) A count of the number of students for whom the 
school has eligibility forms that comply with this section. 
"(h) TIMING OF CHILD COUNTS.—For purposes of determining 
the number of children to be counted in calculating the amount 
of a local educational agency's grant under this subpart (other 
than in the case described in subsection (g)(1)), the local educational 
agency shall— 
"(1) establish a date on, or a period not longer than 31 
consecutive days during, which the agency counts those chil-
dren, if that date or period occurs before the deadline estab-
lished by the Secretary for submitting an application under 
section 7114; and 
"(2) determine that each such child was enrolled, and 
receiving a free public education, in a school of the agency 
on that date or during that period, as the case may be. 
20 use 7428. 
"SEC. 7118. PAYMENTS. 
"(a) IN GENERAL.—Subject to subsections (b) and (c), the Sec-
retary shall pay to each local educational agency that submits 
an application that is approved by the Secretary under this subpart 
the amount determined under section 7113. The Secretary shall 
notify the local educational agency of the amount of the payment 
not later than June 1 of the year for which the Secretary makes 
the payment. 
"(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Sec-
retary may not make a grant under this subpart to a local edu-
cational agency for a fiscal year if, for such fiscal year, the State 
in which the local educational agency is located takes into consider-
ation payments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the amount 
of the State aid, with respect to the free public education of children 
during such fiscal year or the preceding fiscal year. 
"(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL 
EFFORT.— 
"(1) IN GENERAL.—The Secretary may not pay a local edu-
cational agency the full amount of a grant award determined 
under section 7113 for any fiscal year unless the State edu-
cational agency notifies the Secretary, and the Secretary deter-
mines, that with respect to the provision of free public education 
by the local educational agency for the preceding fiscal year, 
the combined fiscal effort of the local educational agency and 
the State, computed on either a per student or aggregate 
expenditure basis, was not less than 90 percent of the amount 
of the combined fiscal effort, computed on the same basis, 
for the second preceding fiscal year. 
"(2) FAILURE TO MAINTAIN EFFORT.—If, for the preceding 
fiscal year, the Secretary determines that a local educational 
agency and State failed to maintain the combined fiscal effort 
for such agency at the level specified in paragraph (1), the 
Secretary shall— 
"(A) reduce the amount of the grant that would other-
wise be made to such agency under this subpart in the 
exact proportion of the failure to maintain the fiscal effort 
at such level; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1919 
"(B) not use the reduced amount of the agency and 
State expenditures for the preceding year to determine 
compHance with paragraph (1) for any succeeding fiscal 
year, but shall use the amount of expenditures that would 
have been required to comply with paragraph (1). 
"(3) WAIVER.— 
"(A) IN GENERAL.—The Secretary may waive the 
requirement of paragraph (1) for a local educational agency, 
for not more than 1 year at a time, if the Secretary deter-
mines that the failure to comply with such requirement 
is due to exceptional or uncontrollable circumstances, such 
as a natural disaster or a precipitous and unforeseen 
decline in the agency's financial resources. 
"(B) FUTURE DETERMINATIONS.—The Secretary shall 
not use the reduced amount of the agency's expenditures 
for the fiscal year preceding the fiscal year for which a 
waiver is granted to determine compliance with paragraph 
(1) for any succeeding fiscal year, but shall use the amount 
of expenditures that would have been required to comply 
with paragraph (1) in the absence of the waiver. 
"(d) REALLOCATIONS.—The Secretary may reallocate, in a 
manner that the Secretary determines will best carry out the pur-
pose of this subpart, any amounts that— 
"(1) based on estimates made by local educational agencies 
or other information, the Secretary determines will not be 
needed by such agencies to carry out approved programs under 
this subpart; or 
"(2) otherwise become available for reallocation under this 
subpart. 
"SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW. 
20 USC 7429. 
"Before submitting an application to the Secretary under section 
7114, a local educational agency shall submit the application to 
the State educational agency, which may comment on such applica-
tion. If the State educational agency comments on the application, 
the agency shall comment on all applications submitted by local 
educational agencies in the State and shall provide those comments 
to the respective local educational agencies, with an opportunity 
to respond. 
"Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian 
Children 
"SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 20 USC 7441. 
INDIAN CHILDREN. 
"(a) PURPOSE.— 
"(1) IN GENERAL.—It is the purpose of this section to sup-
port projects to develop, test, and demonstrate the effectiveness 
of services and programs to improve educational opportunities 
and achievement of Indian children. 
"(2) COORDINATION.—The Secretary shall take the nec-
essary actions to achieve the coordination of activities assisted 
under this subpart with— 
"(A) other programs funded under this Act; and 
115 STAT. 1920 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) other Federal programs operated for the benefit 
of American Indian and Alaska Native children. 
"(b) ELIGIBLE ENTITIES.—In this section, the term 'eligible 
entity' means a State educational agency, local educational agency, 
Indian tribe, Indian organization, federally supported elementary 
school or secondary school for Indian students, Indian institution 
(including an Indian institution of higher education), or a consor-
tium of such entities. 
"(c) GRANTS AUTHORIZED.— 
"(1) IN GENERAL.—The Secretary shall award grants to 
eligible entities to enable such entities to carry out activities 
that meet the purpose of this section, including— 
"(A) innovative programs related to the educational 
needs of educationally disadvantaged children; 
"(B) educational services that are not available to such 
children in sufficient 
quantity or quality, 
including 
remedial instruction, to raise the achievement of Indian 
children in one or more of the core academic subjects of 
English, mathematics, science, foreign languages, art, his-
tory, and geography; 
"(C) bilingual and bicultural programs and projects; 
"(D) special health and nutrition services, and other 
related activities, that address the special health, social, 
and psychological problems of Indian children; 
"(E) special compensatory and other programs and 
projects designed to assist and encourage Indian children 
to enter, remain in, or reenter school, and to increase 
the rate of high school graduation for Indian children; 
"(F) comprehensive guidance, counseling, and testing 
services; 
"(G) early childhood and kindergarten 
programs, 
including family-based preschool programs that emphasize 
school readiness and parental skills, and the provision 
of services to Indian children with disabilities; 
"(H) partnership projects between local educational 
agencies and institutions of higher education that allow 
secondary school students to enroll in courses at the post-
secondary level to aid such students in the transition from 
secondary to postsecondary education; 
"(I) partnership projects between schools and local 
businesses for career preparation programs designed to 
provide Indian youth with the knowledge and skills such 
youth need to make an effective transition from school 
to a high-skill, high-wage career; 
"(J) programs designed to encourage and assist Indian 
students to work toward, and gain entrance into, an institu-
tion of higher education; 
"(K) family literacy services; 
"(L) activities that recognize and support the unique 
cultural and educational needs of Indian children, and 
incorporate appropriately qualified tribal elders and sen-
iors; or 
"(M) other services that meet the purpose described 
in this section. 
"(2) PROFESSIONAL DEVELOPMENT.—Professional develop-
ment of teaching professionals and paraprofessionals may be 
a part of any program assisted under this section. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1921 
"(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
"(1) GRANT REQUIREMENTS.— 
"(A) IN GENERAL.—The Secretary may make multiyear 
grants under subsection (c) for the planning, development, 
pilot operation, or demonstration of any activity described 
in subsection (c) for a period not to exceed 5 years. 
"(B) PRIORITY.—In making multiyear grants described 
in this paragraph, the Secretary shall give priority to enti-
ties submitting applications that present a plan for com-
bining two or more of the activities described in subsection 
(c) over a period of more than 1 year. 
"(C) PROGRESS.—The Secretary shall make a grant pay-
ment for a grant described in this paragraph to an eligible 
entity after the initial year of the multiyear grant only 
if the Secretary determines that the eligible entity has 
made substantial progress in carrying out the activities 
assisted under the grant in accordance with the application 
submitted under paragraph (3) and any subsequent modi-
fications to such application. 
"(2) DISSEMINATION GRANTS.— 
"(A) IN GENERAL.—In addition to awarding 
the 
multiyear grants described in paragraph (1), the Secretary 
may award grants under subsection (c) to eligible entities 
for the dissemination of exemplary materials or programs 
assisted under this section. 
"(B) DETERMINATION.—The Secretary may award a 
dissemination grant described in this paragraph if, prior 
to awarding the grant, the Secretary deterriiines that the 
material or program to be disseminated— 
"(i) has been adequately reviewed; 
"(ii) has demonstrated educational merit; and 
"(iii) can be replicated. 
"(3) APPLICATION.— 
"(A) IN GENERAL.—^Any eligible entity that desires to 
receive a grant under this section shall submit an applica-
tion to the Secretary at such time and in such manner 
as the Secretary may reasonably require. 
"(B) CONTENTS.—Each application submitted to the 
Secretary under subparagraph (A), other than an applica-
tion for a dissemination grant under paragraph (2), shall 
contain— 
"(i) a description of how parents of Indian children 
and representatives of Indian tribes have been, and 
will be, involved in developing and implementing the 
activities for which assistance is sought; 
"(ii) assurances that the applicant will participate, 
at the request of the Secretary, in any national evalua-
tion of activities assisted under this section; 
"(iii) information demonstrating that the proposed 
program for the activities is a scientifically based 
research program, where applicable, which may include 
a program that has been modified to be culturally 
appropriate for students who will be served; 
"(iv) a description of how the applicant will incor-
porate the proposed activities into the ongoing school 
program involved once the grant period is over; and 
115 STAT. 1922 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(v) such other assurances and information as the 
Secretary may reasonably require. 
"(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 
funds provided to a grantee under this subpart for any fiscal year 
may be used for administrative purposes. 
20 use 7442. 
"SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDU-
CATION PROFESSIONALS. 
"(a) PURPOSES.—The purposes of this section are— 
"(1) to increase the number of qualified Indian individuals 
in teaching or other education professions that serve Indian 
people; 
"(2) to provide training to qualified Indian individuals to 
enable such individuals to become teachers, administrators, 
teacher aides, social workers, and ancillary educational per-
sonnel; and 
"(3) to improve the skills of qualified Indian individuals 
who serve in the capacities described in paragraph (2). 
"(b) ELIGIBLE ENTITIES.—For the purpose of this section, the 
term 'eligible entity' means— 
"(1) an institution of higher education, including an Indian 
institution of higher education; 
"(2) a State educational agency or local educational agency, 
in consortium with an institution of higher education; 
"(3) an Indian tribe or organization, in consortium with 
an institution of higher education; and 
"(4) a Bureau-funded school (as defined in section 1146 
of the Education Amendments of 1978). 
"(c) PROGRAM AUTHORIZED.—The Secretary is authorized to 
award grants to eligible entities having applications approved under 
this section to enable those entities to carry out the activities 
described in subsection (d). 
"(d) AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—Grant funds under this section shall 
be used for activities to provide support and training for Indian 
individuals in a manner consistent with the purposes of this 
section. Such activities may include continuing programs, 
symposia, workshops, conferences, and direct financial support, 
and may include programs designed to train tribal elders and 
seniors. 
"(2) SPECIAL RULES.— 
"(A) TYPE OF TRAINING.—For education personnel, the 
training received pursuant to a grant under this section 
may be inservice or preservice training. 
"(B) PROGRAM.—For individuals who are being trained 
to enter any field other than teaching, the training received 
pursuant to a grant under this section shall be in a program 
that results in a graduate degree. 
"(e) APPLICATION.—Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information, as 
the Secretary may reasonably require. 
"(f) SPECIAL RULE.—In awarding grants under this section, 
the Secretary— 
"(1) shall consider the prior performance of the eligible 
entity; and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1923 
"(2) may not limit eligibility to receive a grant under this 
section on the basis of— 
"(A) the number of previous grants the Secretary has 
awarded such entity; or 
"(B) the length of any period during which such entity 
received such grants. 
"(g) GRANT PERIOD.—Each grant under this section shall be 
awarded for a period of not more than 5 years. 
"(h) SERVICE OBLIGATION.— 
"(1) IN GENERAL.—The Secretary shall require, by regula-
tion, that an individual who receives training pursuant to a 
grant made under this section— 
"(A) perform work— 
"(i) related to the training received under this sec-
tion; and 
"(ii) that benefits Indian people; or 
"(B) repay all or a prorated part of the assistance 
received. 
"(2) REPORTING.—The Secretary shall establish, by regula- Regulations. 
tion, a reporting procedure under which a grant recipient under 
this section shall, not later than 12 months after the date 
of completion of the training, and periodically thereafter, pro-
vide information concerning compliance with the work require-
ment under paragraph (1). 
"Subpart 3—National Activities 
"SEC. 7131. NATIONAL RESEARCH ACTIVITIES. 
20 USC 7451. 
"(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds 
made available under section 7152(b) for each fiscal year to— 
"(1) conduct research related to effective approaches for 
the education of Indian children and adults; 
"(2) evaluate federally assisted education programs from 
which Indian children and adults may benefit; 
"(3) collect and analyze data on the educational status 
and needs of Indians; and 
"(4) carry out other activities that are consistent with the 
purpose of this part. 
"(b) ELIGIBILITY.—The Secretary may carry out any of the 
activities described in subsection (a) directly or through grants 
to, or contracts or cooperative agreements with, Indian tribes, 
Indian organizations. State educational agencies, local educational 
agencies, institutions of higher education, including Indian institu-
tions of higher education, and other public and private agencies 
and institutions. 
"(c) COORDINATION.—Research activities supported under this 
section— 
"(1) shall be carried out in consultation with the Office 
of Educational Research and Improvement to ensure that such 
activities are coordinated with and enhance the research and 
development activities supported by the Office; and 
"(2) may include collaborative research activities that are 
jointly funded and carried out by the Office of Indian Education 
Programs and the Office of Educational Research and Improve-
ment. 
115 STAT. 1924 
PUBLIC LAW 107-110—JAN. 8, 2002 
20 use 7452. 
"SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHIL-
DREN. 
"(a) GRANTS AUTHORIZED.—In addition to the grants authorized 
by section 7122(c), the Secretary may make grants to eligible con-
sortia for the provision of high quality in-service training. The 
Secretary may make such a grant to— 
"(1) a consortium of a tribal college and an institution 
of higher education that awards a degree in education; or 
"(2) a consortium of— 
"(A) a tribal college; 
"(B) an institution of higher education that awards 
a degree in education; and 
"(C) one or more elementary schools or secondary 
schools operated by the Bureau of Indian Affairs, local 
educational agencies serving Indian children, or tribal edu-
cational agencies. 
"(b) USE OF FUNDS.— 
"(1) IN-SERVICE TRAINING.—^A consortium that receives a 
grant under subsection (a) shall use the grant funds only to 
provide high quality in-service training to teachers, including 
teachers who are not Indians, in schools of local educational 
agencies with substantial numbers of Indian children enrolled 
in their schools, in order to better meet the needs of those 
children. 
"(2) COMPONENTS.—The training described in paragraph 
(1) shall include such activities as preparing teachers to use 
the best available scientifically based research practices and 
learning strategies, and to make the most effective use of 
curricula and materials, to respond to the unique needs of 
Indian children in their classrooms. 
"(c) PREFERENCE FOR INDIAN APPLICANTS.—In applying section 
7143 to this section, the Secretary shall give a preference to any 
consortium that includes one or more of the entities described 
in section 7143. 
20 use 7453. 
"SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS. 
"(a) FELLOWSHIPS.— 
"(1) AUTHORITY.—The Secretary is authorized to award 
fellowships to Indian students to enable such students to study 
in graduate and professional programs at institutions of higher 
education. 
"(2) REQUIREMENTS.—The fellowships described in para-
graph (1) shall be awarded to Indian students to enable such 
students to pursue a course of study— 
"(A) of not more than 4 academic years; and 
"(B) that leads— 
"(i) toward a postbaccalaureate degree in medicine, 
clinical psychology, psychology, law, education, or a 
related field; or 
"(ii) to an undergraduate or graduate degree in 
engineering, 
business 
administration, 
natural 
resources, or a related field. 
"(b) STIPENDS.—The Secretary shall pay to Indian students 
awarded fellowships under subsection (a) such stipends (including 
allowances for subsistence of such students and dependents of such 
students) as the Secretary determines to be consistent with pre-
vailing practices under comparable federally supported programs. 
-"-:!:^iS|«w*?«?:; ? -
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1925 
"(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Sec-
retary shall pay to the institution of higher education at which 
such a fellowship recipient is pursuing a course of study, in lieu 
of tuition charged to such recipient, such amounts as the Secretary 
may determine to be necessary to cover the cost of education pro-
vided to such recipient. 
"(d) SPECIAL RULES.— 
"(1) IN GENERAL.—If a fellowship awarded under subsection 
(a) is vacated prior to the end of the period for which the 
fellowship is awarded, the Secretary may award an additional 
fellowship for the unexpired portion of the period of the first 
fellowship. 
"(2) WRITTEN NOTICE.—Not later than 45 days before the Deadline, 
commencement of an academic term, the Secretary shall provide 
to each individual who is awarded a fellowship under subsection 
(a) for such academic term written notice of— 
"(A) the amount of the funding for the fellowship; 
and 
"(B) any stipends or other payments that will be made 
under this section to, or for the benefit of, the individual 
for the academic term. 
"(3) PRIORITY.—Not more than 10 percent of the fellowships 
awarded under subsection (a) shall be awarded, on a priority 
basis, to persons receiving training in guidance counseling with 
a specialty in the area of alcohol and substance abuse coun-
seling and education. 
"(e) SERVICE OBLIGATION.— 
"(1) IN GENERAL.—The Secretary shall require, by regula-
tion, that an individual who receives financial assistance under 
this section— 
"(A) perform work— 
"(i) related to the training for which the individual 
receives the assistance under this section; and 
"(ii) that benefits Indian people; or 
"(B) repay all or a prorated portion of such assistance. 
"(2) REPORTING.—The Secretary shall establish, by regula- Regulations, 
tion, a reporting procedure under which a recipient of assistance 
under this section shall, not later than 12 months after the 
date of completion of the training, and periodically thereafter, 
provide information concerning the compliance of such recipient 
with the work requirement described in paragraph (1). 
"(f) 
ADMINISTRATION OF FELLOWSHIPS.—The Secretary 
may 
administer the fellowships authorized under this section through 
a grant to, or contract or cooperative agreement with, an Indian 
organization with demonstrated qualifications to administer all 
facets of the program assisted under this section. 
"SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS. 
20 USC 7454. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to— 
"(1) establish two centers for gifted and talented Indian 
students at tribally controlled community colleges in accordance 
with this section; and 
"(2) support demonstration projects described in subsection 
(c). 
"(b) ELIGIBLE ENTITIES.—The Secretary shall make grants, or 
enter into contracts, for the activities described in subsection (a), 
to or with— 
115 STAT. 1926 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) two tribally controlled community colleges that— 
"(A) are eligible for funding under the Tribally Con-
trolled College or University Assistance Act of 1978; and 
"(B) are fully accredited; or 
"(2) the American Indian Higher Education Consortium, 
if the Secretary does not receive applications that the Secretary 
determines to be approvable from two colleges that meet the 
requirements of paragraph (1). 
"(c) USE OF FUNDS.— 
"(1) IN GENERAL.—Funds made available through the 
grants made, or contracts entered into, by the Secretary under 
subsection (b) shall be used for— 
"(A) the establishment of centers described in sub-
section (a); and 
"(B) carrying out demonstration projects designed to— 
"(i) address the special needs of Indian students 
in elementary schools and secondary schools who are 
gifted and talented; and 
"(ii) provide such support services to the families 
of the students described in clause (i) as are needed 
to enable such students to benefit from the projects. 
"(2) SUBCONTRACTS.—Each recipient of a grant or contract 
under subsection (b) to carry out a demonstration project under 
subsection (a) may enter into a contract with any other entity, 
including the Children's Television Workshop, to carry out the 
demonstration project. 
"(3) DEMONSTRATION PROJECTS.—Demonstration projects 
assisted under subsection (b) may include— 
"(A) the identification of the special needs of gifted 
and 
talented 
Indian 
students, 
particularly 
at 
the 
elementary school level, giving attention to— 
"(i) identifying the emotional and psychosocial 
needs of such students; and 
"(ii) providing such support services to the families 
of such students as are needed to enable such students 
to benefit from the projects; 
"(B) the conduct of educational, psychosocial, and 
developmental activities that the Secretary determines hold 
a reasonable promise of resulting in substantial progress 
toward meeting the educational needs of such gifted and 
talented children, including— 
"(i) demonstrating and exploring the use of Indian 
languages and exposure to Indian cultural traditions; 
and 
"(ii) carrying out mentoring and apprenticeship 
programs; 
"(C) the provision of technical assistance and the 
coordination of activities at schools that receive grants 
under subsection (d) with respect to the activities assisted 
under such grants, the evaluation of programs assisted 
under such grants, or the dissemination of such evalua-
tions; 
"(D) the use of public television in meeting the special 
educational needs of such gifted and talented children; 
"(E) leadership programs designed to replicate pro-
grams for such children throughout the United States, 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1927 
including disseminating information derived from the dem-
onstration projects conducted under subsection (a); and 
"(F) appropriate research, evaluation, and related 
activities pertaining to the needs of such children and 
to the provision of such support services to the families 
of such children as are needed to enable such children 
to benefit from the projects. 
"(4) APPLICATION.—Each eligible entity desiring a grant 
or contract under subsection (b) shall submit an application 
to the Secretary at such time, in such manner, and accompanied 
by such information, as the Secretary may reasonably require. 
"(d) ADDITIONAL GRANTS.— 
"(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of the Interior, shall award 5 grants to schools funded 
by the Bureau of Indian Affairs (hereafter referred to individ-
ually in this section as a 'Bureau school') for program research 
and development and the development and dissemination of 
curriculum and teacher training material, regarding— 
"(A) gifted and talented students; 
"(B) college preparatory studies (including programs 
for Indian students with an interest in pursuing teaching 
careers); 
"(C) students with special culturally related academic 
needs, including students with social, lingual, and cultural 
needs; or 
"(D) mathematics and science education. 
"(2) APPLICATIONS.—Each Bureau school desiring a grant 
under this subsection shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by 
such information, as the Secretary may reasonably require. 
"(3) SPECIAL RULE.—Each application described in para-
graph (2) shall be developed, and each grant under this sub-
section shall be administered, jointly by the supervisor of the 
Bureau school and the local educational agency serving such 
school. 
"(4) REQUIREMENTS.—In awarding grants under paragraph 
(1), the Secretary shall achieve a mixture of the programs 
described in paragraph (1) that ensures that Indian students 
at all grade levels and in all geographic areas of the United 
States are able to participate in a program assisted under 
this subsection. 
"(5) GRANT PERIOD.—Subject to the availability of appro-
priations, a grant awarded under paragraph (1) shall be 
awarded for a 3-year period and may be renewed by the Sec-
retary for additional 3-year periods if the Secretary determines 
that the performance of the grant recipient has been satisfac-
tory. 
"(6) DISSEMINATION.— 
"(A) COOPERATIVE EFFORTS.—The dissemination of any 
materials developed from activities assisted under para-
graph (1) shall be carried out in cooperation with entities 
that receive funds pursuant to subsection (b). 
"(B) REPORT.—The Secretary shall prepare and submit 
to the Secretary of the Interior and to Congress a report 
concerning any results from activities described in this 
subsection. 
"(7) EVALUATION COSTS.— 
115 STAT. 1928 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(A) DIVISION.—The costs of evaluating any activities 
assisted under paragraph (1) shall be divided between the 
Bureau schools conducting such activities and the recipi-
ents of grants or contracts under subsection (b) who conduct 
demonstration projects under subsection (a). 
"(B) GRANTS AND CONTRACTS.—If no funds are provided 
under subsection (b) for— 
"(i) the evaluation of activities assisted under para-
graph (1); 
"(ii) technical assistance and coordination with 
respect to such activities; or 
"(iii) the dissemination of the evaluations referred 
to in clause (i), 
the Secretary shall make such grants, or enter into such 
contracts, as are necessary to provide for the evaluations, 
technical assistance, and coordination of such activities, 
and the dissemination of the evaluations. 
"(e) INFORMATION NETWORK.—The Secretary shall encourage 
each recipient of a grant or contract under this section to work 
cooperatively as part of a national network to ensure that the 
information developed by the grant or contract recipient is readily 
available to the entire educational community. 
20 USE 7455. 
"SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
PLANNING AND DEVELOPMENT. 
"(a) IN GENERAL.—The Secretary may make grants to Indian 
tribes, and tribal organizations approved by Indian tribes, to plan 
and develop a centralized tribal administrative entity to— 
"(1) coordinate all education programs operated by the 
tribe or within the territorial jurisdiction of the tribe; 
"(2) develop education codes for schools within the terri-
torial jurisdiction of the tribe; 
"(3) provide support services and technical assistance to 
schools serving children of the tribe; and 
"(4) perform child-find screening services for the preschool-
aged children of the tribe to— 
"(A) ensure placement in appropriate educational facili-
ties; and 
"(B) coordinate the provision of any needed special 
services for conditions such as disabilities and English 
language skill deficiencies. 
"(b) PERIOD OF GRANT.—Each grant awarded under this section 
may be awarded for a period of not more than 3 years. Such 
grant may be renewed upon the termination of the initial period 
of the grant if the grant recipient demonstrates to the satisfaction 
of the Secretary that renewing the grant for an additional 3-year 
period is necessary to carry out the objectives of the grant described 
in subsection (c)(2)(A). 
"(c) APPLICATION FOR GRANT.— 
"(1) IN GENERAL.—Each Indian tribe and tribal organization 
desiring a grant under this section shall submit an application 
to the Secretary at such time, in such manner, containing 
such information, and consistent with such criteria, as the 
Secretary may prescribe in regulations. 
"(2) CONTENTS.—Each application described in paragraph 
(1) shall contain— 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1929 
"(A) a statement describing the activities to be con-
ducted, and the objectives to be achieved, under the grant; 
and 
"(B) a description of the method to be used for evalu-
ating the effectiveness of the activities for which assistance 
is sought and for determining whether such objectives are 
achieved. 
"(3) APPROVAL.—The Secretary may approve an apphcation 
submitted by a tribe or tribal organization pursuant to this 
section only if the Secretary is satisfied that such application, 
including any documentation submitted with the application— 
"(A) demonstrates that the applicant has consulted 
with other education entities, if any, within the territorial 
jurisdiction of the applicant who will be affected by the 
activities to be conducted under the grant; 
"(B) provides for consultation with such other education 
entities in the operation and evaluation of the activities 
conducted under the grant; and 
"(C) demonstrates that there will be adequate resources 
provided under this section or from other sources to com-
plete the activities for which assistance is sought, except 
that the availability of such other resources shall not be 
a basis for disapproval of such application. 
"(d) RESTRICTION.—^A tribe may not receive funds under this 
section if such tribe receives funds under section 1144 of the Edu-
cation Amendments of 1978. 
"SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
20 USC 7456. 
ADULT INDIANS. 
"(a) IN GENERAL.—The Secretary shall make grants to State 
educational agencies, local educational agencies, and Indian tribes, 
institutions, and organizations— 
"(1) to support planning, pilot, and demonstration projects 
that are designed to test and demonstrate the effectiveness 
of programs for improving employment 
and 
educational 
opportunities for adult Indians; 
"(2) to assist in the establishment and operation of pro-
grams that are designed to stimulate— 
"(A) the provision of basic literacy opportunities for 
all nonliterate Indian adults; and 
"(B) the provision of opportunities to all Indian adults 
to qualify for a secondary school diploma, or its recognized 
equivalent, in the shortest period of time feasible; 
"(3) to support a major research and development program 
to develop more innovative and effective techniques for 
achieving literacy and secondary school equivalency for Indians; 
"(4) to provide for basic surveys and evaluations to define 
accurately the extent of the problems of illiteracy and lack 
of secondary school completion among Indians; and 
"(5) to encourage the dissemination of information and 
materials relating to, and the evaluation of, the effectiveness 
of education programs that may offer educational opportunities 
to Indian adults. 
"(b) EDUCATIONAL SERVICES.—The Secretary may make grants 
to Indian tribes, institutions, and organizations to develop and 
establish educational services and programs specifically designed 
to improve educational opportunities for Indian adults. 
115 STAT. 1930 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(c) INFORMATION AND EVALUATION.—The Secretary may make 
grants to, and enter into contracts with, public agencies and institu-
tions and Indian tribes, institutions, and organizations, for— 
"(1) the dissemination of information concerning edu-
cational programs, services, and resources available to Indian 
adults, including evaluations of the programs, services, and 
resources; and 
"(2) the evaluation of federally assisted programs in which 
Indian adults may participate to determine the effectiveness 
of the programs in achieving the purposes of the programs 
with respect to Indian adults. 
"(d) APPLICATIONS.— 
"(1) IN GENERAL.—Each entity desiring a grant or contract 
under this section shall submit to the Secretary an application 
at such time, in such manner, containing such information, 
and consistent with such criteria, as the Secretary may pre-
scribe in regulations. 
"(2) CONTENTS.—Each application described in paragraph 
(1) shall contain— 
"(A) a statement describing the activities to be con-
ducted and the objectives to be achieved under the grant 
or contract; and 
"(B) a description of the method to be used for evalu-
ating the effectiveness of the activities for which assistance 
is sought and determining whether the objectives of the 
grant or contract are achieved. 
"(3) APPROVAL.—The Secretary shall not approve an 
application described in paragraph (1) unless the Secretary 
determines that such application, including any documentation 
submitted with the application, indicates that— 
"(A) there has been adequate participation, by the 
individuals to be served and the appropriate tribal commu-
nities, in the planning and development of the activities 
to be assisted; and 
"(B) the individuals and tribal communities referred 
to in subparagraph (A) will participate in the operation 
and evaluation of the activities to be assisted. 
"(4) PRIORITY.—In approving applications under paragraph 
(1), the Secretary shall give priority to applications from Indian 
educational agencies, organizations, and institutions. 
"(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 
funds made available to an entity through a grant or contract 
made or entered into under this section for a fiscal year may 
be used to pay for administrative costs. 
"Subpart 4—Federal Administration 
20 use 7471. 
"SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 
Establishment. 
"(a) MEMBERSHIP.—There is established a National Advisory 
Council on Indian Education (hereafter in this section referred 
to as the 'Council'), which shall— 
"(1) consist of 15 Indian members, who shall be appointed 
by the President from lists of nominees furnished, from time 
to time, by Indian tribes and organizations; and 
"(2) represent different geographic areas of the United 
States. 
"(b) DUTIES.—The Council shall— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1931 
"(1) advise the Secretary concerning the funding and 
administration (including the development of regulations and 
administrative policies and practices) of any program, including 
any program established under this part— 
"(A) with respect to which the Secretary has jurisdic-
tion; and 
"(B)(i) that includes Indian children or adults as 
participants; or 
"(ii) that may benefit Indian children or adults; 
"(2) make recommendations to the Secretary for filling 
the position of Director of Indian Education whenever a vacancy 
occurs; and 
"(3) submit to Congress, not later than June 30 of each Deadline, 
year, a report on the activities of the Council, including— Reports. 
"(A) any recommendations that the Council considers 
appropriate for the improvement of Federal education pro-
grams that include Indian children or adults as partici-
pants, or that may benefit Indian children or adults; and 
"(B) recommendations concerning the funding of any 
program described in subparagraph (A). 
"SEC. 7142. PEER REVIEW. 
20 USC 7472. 
"The Secretary may use a peer review process to review applica-
tions submitted to the Secretary under subpart 2 or subpart 3. 
"SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS. 
20 USC 7473. 
"In making grants and entering into contracts or cooperative 
agreements under subpart 2 or subpart 3, the Secretary shall give 
a preference to Indian tribes, organizations, and institutions of 
higher education under any program with respect to which Indian 
tribes, organizations, and institutions are eligible to apply for 
grants, contracts, or cooperative agreements. 
"SEC. 7144. MINIMUM GRANT CRITERIA. 
20 USC 7474. 
"The Secretary may not approve an application for a grant, 
contract, or cooperative agreement under subpart 2 or subpart 
3 unless the application is for a grant, contract, or cooperative 
agreement that is— 
"(1) of sufficient size, scope, and quality to achieve the 
purpose or objectives of such grant, contract, or cooperative 
agreement; and 
"(2) based on relevant research findings. 
"Subpart 5—Definitions; Authorizations of 
Appropriations 
"SEC. 7151. DEFINITIONS. 
20 USC 7491. 
"For the purposes of this part: 
"(1) ADULT.—The term 'adult' means an individual who— 
"(A) has attained the age of 16 years; or 
"(B) has attained an age that is greater than the age 
of compulsory school attendance under an applicable State 
law. 
"(2) FREE PUBLIC EDUCATION.—The term 'free public edu-
cation' means education that is— 
"(A) provided at public expense, under public super-
vision and direction, and without tuition charge; and 
115 STAT. 1932 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) provided as elementary or secondary education 
in the applicable State or to preschool children. 
"(3) INDIAN.—The term 'Indian' means an individual who 
is— 
"(A) a member of an Indian tribe or band, as member-
ship is defined by the tribe or band, including— 
"(i) any tribe or band terminated since 1940; and 
"(ii) any tribe or band recognized by the State 
in which the tribe or band resides; 
"(B) a descendant, in the first or second degree, of 
an individual described in subparagraph (A); 
"(C) considered by the Secretary of the Interior to 
be an Indian for any purpose; 
"(D) an Eskimo, Aleut, or other Alaska Native; or 
"(E) a member of an organized Indian group that 
received a grant under the Indian Education Act of 1988 
as in effect the day preceding the date of enactment of 
the Improving America's Schools Act of 1994. 
20 use 7492. 
"SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS. 
"(a) SUBPART 1.—For the purpose of carrying out subpart 1, 
there are authorized to be appropriated $96,400,000 for fiscal year 
2002 and such sums as may be necessary for each of the 5 suc-
ceeding fiscal years. 
"(b) SUBPARTS 2 AND 3.—For the purpose of carrying out sub-
parts 2 and 3, there are authorized to be appropriated $24,000,000 
for fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years. 
Native Hawaiian 
"PART B—NATIVE HAWAIIAN EDUCATION 
Education Act. 
20 use 7511. 
"SEC. 7201. SHORT TITLE. 
"This part may be cited as the 'Native Hawaiian Education 
Act'. 
20 use 7512. 
"SEC. 7202. FINDINGS. 
"Congress finds the following: 
"(1) Native Hawaiians are a distinct and unique indigenous 
people with a historical continuity to the original inhabitants 
of the Hawaiian archipelago, whose society was organized as 
a nation and internationally recognized as a nation by the 
United States, Britain, France, and Japan, as evidenced by 
treaties governing friendship, commerce, and navigation. 
"(2) At the time of the arrival of the first nonindigenous 
people in Hawaii in 1778, the Native Hawaiian people lived 
in a highly organized, self-sufficient subsistence social system 
based on a communal land tenure system with a sophisticated 
language, culture, and religion. 
"(3) A unified monarchal government of the Hawaiian 
Islands was established in 1810 under Kamehameha I, the 
first King of Hawaii. 
"(4) From 1826 until 1893, the United States recognized 
the sovereignty and independence of the Kingdom of Hawaii, 
which was established in 1810 under Kamehameha I, extended 
full and complete diplomatic recognition to the Kingdom of 
Hawaii, and entered into treaties and conventions with the 
Kingdom of Hawaii to govern friendship, commerce and naviga-
tion in 1826, 1842, 1849, 1875, and 1887. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1933 
"(5) In 1893, the sovereign, independent, internationally 
recognized, and indigenous government of Hawaii, the Kingdom 
of Hawaii, was overthrown by a small group of non-Hawaiians, 
including United States citizens, who were assisted in their 
efforts by the United States Minister, a United States naval 
representative, and armed naval forces of the United States. 
Because of the participation of United States agents and citi-
zens in the overthrow of the Kingdom of Hawaii, in 1993 
the United States apologized to Native Hawaiians for the over-
throw and the deprivation of the rights of Native Hawaiians 
to self-determination through Public Law 103-150 (107 Stat. 
1510). 
"(6) In 1898, the joint resolution entitled 'Joint Resolution 
to provide for annexing the Hawaiian Islands to the United 
States', approved July 7, 1898 (30 Stat. 750), ceded absolute 
title of all lands held by the Republic of Hawaii, including 
the government and crown lands of the former Kingdom of 
Hawaii, to the United States, but mandated that revenue gen-
erated from the lands be used 'solely for the benefit of the 
inhabitants of the Hawaiian Islands for educational and other 
public purposes'. 
"(7) By 1919, the Native Hawaiian population had declined 
from an estimated 1,000,000 in 1778 to an alarming 22,600, 
and in recognition of this severe decline, Congress enacted 
the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), 
which designated approximately 200,000 acres of ceded public 
lands for homesteading by Native Hawaiians. 
"(8) Through the enactment of the Hawaiian Homes 
Commission Act, 1920, Congress affirmed the special relation-
ship between the United States and the Native Hawaiians, 
which was described by then Secretary of the Interior Franklin 
K. Lane, who said: 'One thing that impressed me . . . was 
the fact that the natives of the island who are our wards, 
I should say, and for whom in a sense we are trustees, are 
falling off rapidly in numbers and many of them are in poverty.'. 
"(9) In 1938, Congress again acknowledged the unique 
status of the Hawaiian people by including in the Act of June 
20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b-
1, 392b, 392c, 396, 396a), a provision to lease lands within 
the National Parks extension to Native Hawaiians and to 
permit fishing in the area 'only by native Hawaiian residents 
of said area or of adjacent villages and by visitors under their 
guidance.'. 
"(10) Under the Act entitled 'An Act to provide for the 
admission of the State of Hawaii into the Union', approved 
March 18, 1959 (73 Stat. 4), the United States transferred 
responsibility for the administration of the Hawaiian Home 
Lands to the State of Hawaii but reaffirmed the trust relation-
ship between the United States and the Hawaiian people by 
retaining the exclusive power to enforce the trust, including 
the power to approve land exchanges and amendments to such 
Act affecting the rights of beneficiaries under such Act. 
"(11) In 1959, under the Act entitled 'An Act to provide 
for the admission of the State of Hawaii into the Union', the 
United States also ceded to the State of Hawaii title to the 
public lands formerly held by the United States, but mandated 
that such lands be held by the State 'in public trust' and 
115 STAT. 1934 
PUBLIC LAW 107-110—JAN. 8, 2002 
reaffirmed the special relationship that existed between the 
United States and the Hawaiian people by retaining the legal 
responsibility to enforce the public trust responsibility of the 
State of Hawaii for the betterment of the conditions of Native 
Hawaiians, as defined in section 201(a) of the Hawaiian Homes 
Commission Act, 1920. 
"(12) The United States has recognized and reaffirmed 
that— 
"(A) Native Hawaiians have a cultural, historic, and 
land-based link to the indigenous people who exercised 
sovereignty over the Hawaiian Islands, and that group 
has never relinquished its claims to sovereignty or its sov-
ereign lands; 
"(B) Congress does not extend services to Native 
Hawaiians because of their race, but because of their 
unique status as the indigenous people of a once sovereign 
nation as to whom the United States has established a 
trust relationship; 
"(C) Congress has also delegated broad authority to 
administer a portion of the Federal trust responsibility 
to the State of Hawaii; 
"(D) the political status of Native Hawaiians is com-
parable to that of American Indians and Alaska Natives; 
and 
"(E) the aboriginal, indigenous people of the United 
States have— 
"(i) a continuing right to autonomy in their internal 
affairs; and 
"(ii) an ongoing right of self-determination and 
self-governance that has never been extinguished. 
"(13) The political relationship between the United States 
and the Native Hawaiian people has been recognized and re-
affirmed by the United States, as evidenced by the inclusion 
of Native Hawaiians in— 
"(A) the Native American Programs Act of 1974 (42 
U.S.C. 2991 et seq.); 
"(B) the American Indian Religious Freedom Act (42 
U.S.C. 1996); 
"(C) the National Museum of the American Indian 
Act (20 U.S.C. 80q et seq.); 
"(D) the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001 et seq.); 
"(E) the National Historic Preservation Act (16 U.S.C. 
470 et seq.); 
"(F) the Native American Languages Act (25 U.S.C. 
2901 et seq.); 
"(G) the American Indian, Alaska Native, and Native 
Hawaiian Culture and Art Development Act (20 U.S.C. 
4401 et seq.); 
"(H) the Workforce Investment Act of 1998 (29 U.S.C. 
2801 et seq.); and 
"(I) the Older Americans Act of 1965 (42 U.S.C. 3001 
et seq.). 
"(14) In 1981, Congress instructed the Office of Education 
to submit to Congress a comprehensive report on Native 
Hawaiian education. The report, entitled the 'Native Hawaiian 
Educational Assessment Project', was released in 1983 and 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1935 
documented that Native Hawaiians scored below parity with 
regard to national norms on standardized achievement tests, 
were disproportionately represented in many negative social 
and physical statistics indicative of special educational needs, 
and had educational needs that were related to their unique 
cultural situation, such as different learning styles and low 
self-image. 
"(15) In recognition of the educational needs of Native 
Hawaiians, in 1988, Congress enacted title IV of the Augustus 
F. Hawkins-Robert T. Stafford Elementary and Secondary 
School Improvement Amendments of 1988 (102 Stat. 130) to 
authorize and develop supplemental educational programs to 
address the unique conditions of Native Hawaiians. 
"(16) In 1993, the Kamehameha Schools Bishop Estate 
released a 10-year update of findings of the Native Hawaiian 
Educational Assessment Project, which found that despite the 
successes of the programs established under title IV of the 
Augustus F. Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988, many of 
the same educational needs still existed for Native Hawaiians. 
Subsequent reports by the Kamehameha Schools Bishop Estate 
and other organizations have generally confirmed 
those 
findings. For example— 
"(A) educational risk factors continue to start even 
before 
birth 
for 
many 
Native 
Hawaiian 
children, 
including— 
"(i) late or no prenatal care; 
"(ii) high rates of births by Native Hawaiian 
women who are unmarried; and 
"(iii) high rates of births to teenage parents; 
"(B) Native Hawaiian students continue to begin their 
school experience lagging behind other students in terms 
of readiness factors such as vocabulary test scores; 
"(C) Native Hawaiian students continue to score below 
national norms on standardized education achievement 
tests at all grade levels; 
"(D) both public and private schools continue to show 
a pattern of lower percentages of Native Hawaiian students 
in the uppermost achievement levels and in gifted and 
talented programs; 
"(E) Native Hawaiian students continue to be over-
represented among students qualifying for special edu-
cation programs provided to students with learning disabil-
ities, mild mental retardation, emotional impairment, and 
other such disabilities; 
"(F) Native Hawaiians continue to be underrepresented 
in institutions of higher education and among adults who 
have completed four or more years of college; 
"(G) Native Hawaiians continue to be disproportion-
ately represented in many negative social and physical 
statistics indicative of special educational needs, as dem-
onstrated by the fact that— 
"(i) Native Hawaiian students are more likely to 
be retained in grade level and to be excessively absent 
in secondary school; 
115 STAT. 1936 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(ii) Native Hawaiian students have the highest 
rates of drug and alcohol use in the State of Hawaii; 
and 
"(iii) Native Hawaiian children continue to be dis-
proportionately victimized by child abuse and neglect; 
and 
"(H) Native Hawaiians now comprise over 23 percent 
of the students served by the State of Hawaii Department 
of Education, and there are and will continue to be geo-
graphically rural, isolated areas with a high Native 
Hawaiian population density. 
"(17) In the 1998 National Assessment of Educational 
Progress, Hawaiian fourth-graders ranked 39th among groups 
of students from 39 States in reading. Given that Hawaiian 
students rank among the lowest groups of students nationally 
in reading, and that Native Hawaiian students rank the lowest 
among Hawaiian students in reading, it is imperative that 
greater focus be placed on beginning reading and early edu-
cation and literacy in Hawaii. 
"(18) The findings described in paragraphs (16) and (17) 
are inconsistent with the high rates of literacy and integration 
of traditional culture and Western education historically 
achieved by Native Hawaiians through a Hawaiian language-
based public school system established in 1840 by Kamehameha 
III. 
"(19) Following the overthrow of the Kingdom of Hawaii 
in 1893, Hawaiian medium schools were banned. After annex-
ation, throughout the territorial and statehood period of Hawaii, 
and until 1986, use of the Hawaiian language as an instruc-
tional medium in education in public schools was declared 
unlawful. The declaration caused incalculable harm to a culture 
that placed a very high value on the power of language, as 
exemplified in the traditional saying: 1 ka 'olelo n5 ke ola; 
I ka '5lelo no ka make. In the language rests life; In the 
language rests death.'. 
"(20) Despite the consequences of over 100 years of non-
indigenous influence, the Native Hawaiian people are deter-
mined to preserve, develop, and transmit to future generations 
their ancestral territory and their cultural identity in accord-
ance with their own spiritual and traditional beliefs, customs, 
practices, language, and social institutions. 
"(21) The State of Hawaii, in the constitution and statutes 
of the State of Hawaii— 
"(A) reaffirms and protects the unique right of the 
Native Hawaiian people to practice and perpetuate their 
culture and religious customs, beliefs, practices, and lan-
guage; 
"(B) recognizes the traditional language of the Native 
Hawaiian people as an official language of the State of 
Hawaii, which may be used as the language of instruction 
for all subjects and grades in the public school system; 
and 
"(C) promotes the study of the Hawaiian culture, lan-
guage, and history by providing a Hawaiian education pro-
gram and using community expertise as a suitable and 
essential means to further the program. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1937 
"SEC. 7203. PURPOSES. 
20 USC 7513. 
"The purposes of this part are to— 
"(1) authorize and develop innovative educational programs 
to assist Native Hawaiians; 
"(2) provide direction and guidance to appropriate Federal, 
State, and local agencies to focus resources, including resources 
made available under this part, on Native Hawaiian education, 
and to provide periodic assessment and data collection; 
"(3) supplement and expand programs and authorities in 
the area of education to further the purposes of this title; 
and 
"(4) encourage the maximum participation of Native Hawai-
ians in planning and management of Native Hawaiian edu-
cation programs. 
"SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND 
20 USC 7514. 
COUNCILS. 
"(a) 
ESTABLISHMENT 
OF 
NATIVE 
HAWAIIAN 
EDUCATION 
COUNCIL.—In order to better effectuate the purposes of this part 
through the coordination of educational and related services and 
programs available to Native Hawaiians, including those programs 
receiving funding under this part, the Secretary is authorized to 
establish a Native Hawaiian Education Council (hereafter in this 
part referred to as the 'Education Council'). 
"(b) 
COMPOSITION OF EDUCATION COUNCIL.—The Education 
Council shall consist of not more than 21 members, unless otherwise 
determined by a majority of the council. 
"(c) CONDITIONS AND TERMS.— 
"(1) CONDITIONS.—^At least 10 members of the Education 
Council shall be Native Hawaiian education service providers 
and 10 members of the Education Council shall be Native 
Hawaiians or Native Hawaiian education consumers. In addi-
tion, a representative of the State of Hawaii Office of Hawaiian 
Affairs shall serve as a member of the Education Council. 
"(2) APPOINTMENTS.—The members 
of the 
Education 
Council shall be appointed by the Secretary based on rec-
ommendations received from the Native Hawaiian community. 
"(3) TERMS.—Members of the Education Council shall serve 
for staggered terms of 3 years, except as provided in paragraph 
(4). 
"(4) COUNCIL DETERMINATIONS.—^Additional conditions and 
terms relating to membership on the Education Council, 
including term lengths and term renewals, shall be determined 
by a majority of the Education Council. 
"(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Sec-
retary shall make a direct grant to the Education Council to carry 
out the following activities: 
"(1) Coordinate the educational and related services and 
programs available to Native Hawaiians, including the pro-
grams assisted under this part. 
"(2) Assess the extent to which such services and programs 
meet the needs of Native Hawaiians, and collect data on the 
status of Native Hawaiian education. 
"(3) Provide direction and guidance, through the issuance 
of reports and recommendations, to appropriate Federal, State, 
and local agencies in order to focus and improve the use of 
resources, including resources made available under this part, 
115 STAT. 1938 
PUBLIC LAW 107-110-^AN. 8, 2002 
relating to Native Hawaiian education, and serve, where appro-
priate, in an advisory capacity. 
"(4) Make direct grants, if such grants enable the Education 
Council to carry out the duties of the Education Council, as 
described in paragraphs (1) through (3). 
"(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.— 
"(1) IN GENERAL.—The Education Council shall provide 
copies of any reports and recommendations issued by the Edu-
cation Council, including any information that the Education 
Council provides to the Secretary pursuant to subsection (i), 
to the Secretary, the Committee on Education and the 
Workforce of the House of Representatives, and the Committee 
on Indian Affairs of the Senate. 
"(2) ANNUAL REPORT.—The Education Council shall prepare 
and submit to the Secretary an annual report on the Education 
Council's activities. 
"(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Edu-
cation Council shall provide such administrative support and 
financial assistance to the island councils established pursuant 
to subsection (f) as the Secretary determines to be appropriate, 
in a manner that supports the distinct needs of each island 
council. 
"(f) ESTABLISHMENT OF ISLAND COUNCILS.— 
"(1) IN GENERAL.—In order to better effectuate the purposes 
of this part and to ensure the adequate representation of island 
and community interests within the Education Council, the 
Secretary is authorized to facilitate the establishment of Native 
Hawaiian education island councils (hereafter in this part 
referred to as an 'island council') for the following islands: 
"(A) Hawaii. 
"(B) Maui. 
"(C) Molokai. 
"(D) Lanai. 
"(E) Oahu. 
"(F) Kauai. 
"(G) Niihau. 
"(2) 
COMPOSITION OF 
ISLAND COUNCILS.—Each island 
council shall consist of parents, students, and other community 
members who have an interest in the education of Native 
Hawaiians, and shall be representative of individuals concerned 
with the educational needs of all age groups, from children 
in preschool through adults. At least three-fourths of the mem-
bers of each island council shall be Native Hawaiians. 
"(g) 
ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION 
COUNCIL AND ISLAND COUNCILS.—The Education Council and each 
island council shall meet at the call of the chairperson of the 
appropriate council, or upon the request of the majority of the 
members of the appropriate council, but in any event not less 
often than four times during each calendar year. The provisions 
of the Federal Advisory Committee Act shall not apply to the 
Education Council and each island council. 
"(h) COMPENSATION.—Members of the Education Council and 
each island council shall not receive any compensation for service 
on the Education Council and each island council, respectively. 
Deadline. 
"(i) REPORT.—Not later than 4 years after the date of enactment 
of the No Child Left Behind Act of 2001, the Secretary shall prepare 
and submit to the Committee on Education and the Workforce 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1939 
of the House of Representatives and the Committee on Indian 
Affairs of the Senate a report that summarizes the annual reports 
of the Education Council, describes the allocation and use of funds 
under this part, and contains recommendations for changes in Fed-
eral, State, and local policy to advance the purposes of this part. 
"SEC. 7205. PROGRAM AUTHORIZED. 
20USC7515. 
"(a) GENERAL AUTHORITY.— 
"(1) GRANTS AND CONTRACTS.—^The Secretary is authorized 
to make direct grants to, or enter into contracts with— 
"(A) Native Hawaiian educational organizations; 
"(B) Native Hawaiian community-based organizations; 
"(C) public and private nonprofit organizations, agen-
cies, and institutions with experience in developing or oper-
ating Native Hawaiian programs or programs of instruction 
in the Native Hawaiian language; and 
"(D) consortia of the organizations, agencies, and 
institutions described in subparagraphs (A) through (C), 
to carry out programs that meet the purposes of this part. 
"(2) PRIORITIES.—In awarding grants or contracts to carry 
out activities described in paragraph (3), the Secretary shall 
give priority to entities proposing projects that are designed 
to address— 
"(A) beginning reading and literacy among students 
in kindergarten through third grade; 
"(B) the needs of at-risk children and youth; 
"(C) needs in fields or disciplines in which Native 
Hawaiians are underemployed; and 
"(D) the use of the Hawaiian language in instruction. 
"(3) AUTHORIZED ACTIVITIES.—^Activities provided through 
programs carried out under this part may include— 
"(A) the development and maintenance of a statewide 
Native Hawaiian early education and care system to pro-
vide a continuum of services for Native Hawaiian children 
from the prenatal period of the children through age 5; 
"(B) the operation of family-based education centers 
that provide such services as— 
"(i) programs for Native Hawaiian parents and 
their infants from the prenatal period of the infants 
through age 3; 
"(ii) preschool programs for Native Hawaiians; and 
"(iii) research on, and development and assessment 
of, family-based, early childhood, and preschool pro-
grams for Native Hawaiians; 
"(C) activities that enhance beginning reading and lit-
eracy in either the Hawaiian or the English language 
among Native Hawaiian students in kindergarten through 
third grade and assistance in addressing the distinct fea-
tures of combined English and Hawaiian literacy for 
Hawaiian speakers in fifth and sixth grade; 
"(D) activities to meet the special needs of Native 
Hawaiian students with disabilities, including— 
"(i) the identification of such students and their 
needs; 
"(ii) the provision of support services to the families 
of those students; and 
115 STAT. 1940 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(iii) other activities consistent with the require-
ments of the Individuals with DisabiHties Education 
Act; 
"(E) activities that address the special needs of Native 
Hawaiian students who are gifted and talented, including— 
"(i) educational, psychological, and developmental 
activities designed to assist in the educational progress 
of those students; and 
"(ii) activities that involve the parents of those 
students in a manner designed to assist in the students' 
educational progress; 
"(F) the development of academic and vocational cur-
ricula to address the needs of Native Hawaiian children 
and adults, including curriculum materials in the Hawaiian 
language and mathematics and science curricula that incor-
porate Native Hawaiian tradition and culture; 
"(G) professional development activities for educators, 
including— 
"(i) the development of programs to prepare 
prospective teachers to address the unique needs of 
Native Hawaiian students within the context of Native 
Hawaiian culture, language, and traditions; 
"(ii) in-service programs to improve the ability of 
teachers who teach in schools with concentrations of 
Native Hawaiian students to meet those students' 
unique needs; and 
"(iii) the recruitment and preparation of Native 
Hawaiians, and other individuals who live in commu-
nities with a high concentration of Native Hawaiians, 
to become teachers; 
"(H) the operation of community-based learning centers 
that address the needs of Native Hawaiian families and 
communities through the coordination of public and private 
programs and services, including— 
"(i) preschool programs; 
"(ii) after-school programs; 
"(iii) vocational and adult education programs; and 
"(iv) programs that recognize and support the 
unique cultural and educational needs of Native 
Hawaiian 
children, and incorporate 
appropriately 
qualified Native Hawaiian elders and seniors; 
"(I) activities, including program co-location, to enable 
Native Hawaiians to enter smd complete programs of post-
secondary education, including— 
"(i) provision of full or partial scholarships for 
undergraduate or graduate study that are awarded 
to students based on their academic promise and finan-
cial need, with a priority, at the graduate level, given 
to students entering professions in which Native 
Hawaiians are underrepresented; 
"(ii) family literacy services; 
"(iii) counseling and support services for students 
receiving scholarship assistance; 
"(iv) counseling and guidance for Native Hawaiian 
secondary students who have the potential to receive 
scholarships; and 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1941 
"(v) faculty development activities designed to pro-
mote the matriculation of Native Hawaiian students; 
"(J) research and data collection activities to determine 
the educational status and needs of Native Hawaiian chil-
dren and adults; 
"(K) other research and evaluation activities related 
to programs carried out under this part; and 
"(L) other activities, consistent with the purposes of 
this part, to meet the educational needs of Native Hawaiian 
children and adults. 
"(4) SPECIAL RULE AND CONDITIONS.— 
"(A) 
INSTITUTIONS OUTSIDE HAWAII.—The Secretary 
shall not establish a policy under this section that prevents 
a Native Hawaiian student enrolled at a 2- or 4-year degree 
granting institution of higher education outside of the State 
of Hawaii from receiving a scholarship pursuant to para-
graph (3)(I). 
"(B) SCHOLARSHIP CONDITIONS.—The Secretary shall 
establish conditions for receipt of a scholarship awarded 
under paragraph (3)(I). The conditions shall require that 
an individual seeking such a scholarship enter into a con-
tract to provide professional services, either during the 
scholarship period or upon completion of a program of 
postsecondary education, to the Native Hawaiian commu-
nity. 
"(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds 
provided to a recipient of a grant or contract under subsection 
(a) for any fiscal year may be used for administrative purposes. 
"(c) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section and section 7204 such sums as may 
be necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years. 
"(2) RESERVATION.—Of the funds appropriated under this 
subsection, the Secretary shall reserve $500,000 for fiscal year 
2002 and each of the 5 succeeding fiscal years to make a 
direct grant to the Education Council to carry out section 
7204. 
"(3) AVAILABILITY.—Funds appropriated under this sub-
section shall remain available until expended. 
"SEC. 7206. ADMmiSTRATIVE PROVISIONS. 
20 USC 7516. 
"(a) APPLICATION REQUIRED.—No grant may be made under 
this part, and no contract may be entered into under this part, 
unless the entity seeking the grant or contract submits an applica-
tion to the Secretary at such time, in such manner, and containing 
such information as the Secretary may determine to be necessary 
to carry out the provisions of this part. 
"(b) SPECIAL RULE.—Each applicant for a grant or contract 
under this part shall submit the application for comment to the 
local educational ageuKj serving students who will participate in 
the program to be carried out under the grant or contract, and 
include those comments, if any, with the application to the Sec-
retary. 
"SEC. 7207. DEFINITIONS. 
20 USC 7517. 
"In this part: 
115 STAT. 1942 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(1) NATIVE HAWAIIAN.—The term 'Native Hawaiian' means 
any individual who is— 
"(A) a citizen of the United States; and 
"(B) a descendant of the aboriginal people who, prior 
to 1778, occupied and exercised sovereignty in the area 
that now comprises the State of Hawaii, as evidenced by— 
"(i) genealogical records; 
"(ii) Kupuna (elders) or Kamaaina (long-term 
community residents) verification; or 
"(iii) certified birth records. 
"(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.— 
The term 'Native Hawaiian community-based organization' 
means any organization that is composed primarily of Native 
Hawaiians from a specific community and that assists in the 
social, cultural, and educational development of Native Hawai-
ians in that community. 
"(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The 
term 'Native Hawaiian educational organization' means a pri-
vate nonprofit organization that— 
"(A) serves the interests of Native Hawaiians; 
"(B) has Native Hawaiians in substantive and policy-
making positions within the organization; 
"(C) incorporates Native Hawaiian perspective, values, 
language, culture, and traditions into the core function 
of the organization; 
"(D) has demonstrated expertise in the education of 
Native Hawaiian youth; and 
"(E) has demonstrated expertise in research and pro-
gram development. 
"(4) 
NATIVE 
HAWAIIAN LANGUAGE.—The term 
'Native 
Hawaiian language' means the single Native American lan-
guage indigenous to the original inhabitants of the State of 
Hawaii. 
"(5) NATIVE HAWAIL\N ORGANIZATION.—The term 'Native 
Hawaiian organization' means a private nonprofit organization 
that— 
"(A) serves the interests of Native Hawaiians; 
"(B) has Native Hawaiians in substantive and policy-
making positions within the organization; and 
"(C) is recognized by the Governor of Hawaii for the 
purpose of planning, conducting, or administering programs 
(or portions of programs) for the benefit of Native Hawai-
ians. 
"(6) OFFICE OF HAWAIIAN AFFAIRS.—The term 'Office of 
Hawaiian Affairs' means the Office of Hawaiian Affairs estab-
lished by the Constitution of the State of Hawaii. 
Alaska Native 
"PART C—ALASKA NATIVE EDUCATION 
Educational 
K s f s S c T ' 
"SEC. 7301. SHORT TITLE. 
2o\jSC754i 
"This part may be cited as the 'Alaska Native Educational 
Equity, Support, and Assistance Act'. 
20 use 7542. 
"SEC. 7302. FINDINGS. 
"Congress finds and declares the following: 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1943 
"(1) The attainment of educational success is critical to 
the betterment of the conditions, long-term well-being, and 
preservation of the culture of Alaska Natives. 
"(2) It is the policy of the Federal Government to encourage 
the maximum participation by Alaska Natives in the planning 
and the management of Alaska Native education programs. 
"(3) Alaska Native children enter and exit school with 
serious educational handicaps. 
"(4) The educational achievement of Alaska Native children 
is far below national norms. Native performance on standard-
ized tests is low. Native student dropout rates are high, and 
Natives are significantly underrepresented among holders of 
baccalaureate degrees in the State of Alaska. As a result. 
Native students are being denied their opportunity to become 
full participants in society by grade school and high school 
educations that are condemning an entire generation to an 
underclass status and a life of limited choices. 
"(5) The programs authorized in this part, combined with 
expanded Head Start, infant learning, and early childhood edu-
cation programs, and parent education programs, are essential 
if educational handicaps are to be overcome. 
"(6) The sheer magnitude of the geographic barriers to 
be overcome in delivering educational services in rural Alaska 
and Alaska villages should be addressed through the develop-
ment and implementation of innovative, model programs in 
a variety of areas. 
"(7) Native children should be afforded the opportunity 
to begin their formal education on a par with their non-Native 
peers. The Federal Government should lend support to efforts 
developed by and undertaken within the Alaska Native commu-
nity to improve educational opportunity for all students. 
"SEC. 7303. PURPOSES. 
20 USC 7543. 
"The purposes of this part are as follows: 
"(1) To recognize the unique educational needs of Alaska 
Natives. 
"(2) To authorize the development of supplemental edu-
cational programs to benefit Alaska Natives. 
"(3) To supplement existing programs and authorities in 
the area of education to further the purposes of this part. 
"(4) To provide direction and guidance to appropriate Fed-
eral, State and local agencies to focus resources, including 
resources made available under this part, on meeting the edu-
cational needs of Alaska Natives. 
"SEC. 7304. PROGRAM AUTHORIZED. 
20 USC 7544. 
"(a) GENERAL AUTHORITY.— 
"(1) GRANTS AND CONTRACTS.—The Secretary is authorized 
to make grants to, or enter into contracts with, Alaska Native 
organizations, educational entities with experience in devel-
oping or operating Alaska Native programs or programs of 
instruction conducted in Alaska Native languages, cultural and 
community-based organizations with experience in developing 
or operating programs to benefit Alaska Natives, and consortia 
of organizations and entities described in this paragraph to 
carry out programs that meet the purposes of this part. 
"(2) PERMISSIBLE ACTIVITIES.—^Activities provided through 
programs carried out under this part may include the following: 
115 STAT. 1944 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(A) The development and implementation of plans, 
methods, and strategies to improve the education of Alaska 
Natives. 
"(B) The development of curricula and educational pro-
grams that address the educational needs of Alaska Native 
students, including the following: 
"(i) Curriculum materials that reflect the cultural 
diversity or the contributions of Alaska Natives. 
"(ii) Instructional programs that make use of 
Native Alaskan languages. 
"(iii) Networks that introduce successful programs, 
materials, and techniques to urban and rural schools. 
"(C) Professional development activities for educators, 
including the following: 
"(i) Programs to prepare teachers to address the 
cultural diversity and unique needs of Alaska Native 
students. 
"(ii) In-service programs to improve the ability of 
teachers to meet the unique needs of Alaska Native 
students. 
"(iii) Recruitment and preparation of teachers who 
are Alaska Native, reside in communities with high 
concentrations of Alaska Native students, or are likely 
to succeed as teachers in isolated, rural communities 
and engage in cross-cultural instruction in Alaska. 
"(D) The development and operation of home instruc-
tion programs for Alaska Native preschool children, to 
ensure the active involvement of parents in their children's 
education from the earliest ages. 
"(E) Family literacy services. 
"(F) The development and operation of student enrich-
ment programs in science and mathematics that— 
"(i) are designed to prepare Alaska Native students 
from rural areas, who are preparing to enter secondary 
school, to excel in science and math; 
"(ii) provide appropriate support services to the 
families of such students that are needed to enable 
such students to benefit from the programs; and 
"(iii) may include activities that recognize and sup-
port the unique cultural and educational needs of 
Alaska Native children, and incorporate appropriately 
qualified Alaska Native elders and seniors. 
"(G) Research and data collection activities to deter-
mine the educational status and needs of Alaska Native 
children and adults. 
"(H) Other research and evaluation activities related 
to programs carried out under this part. 
"(I) Remedial and enrichment programs to assist 
Alaska Native students in performing at a high level on 
standardized tests. 
"(J) Education and training of Alaska Native students 
enrolled in a degree program that will lead to certification 
or licensing as teachers. 
"(K) Parenting education for parents and caregivers 
of Alaska Native children to improve parenting and 
caregiving skills (including skills relating to discipline and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1945 
cognitive development), including parenting education pro-
vided through in-home visitation of new mothers. 
"(L) Cultural education programs operated by the 
Alaska Native Heritage Center and designed to share the 
Alaska Native culture with students. 
"(M) A cultural exchange program operated by the 
Alaska Humanities Forum and designed to share Alaska 
Native culture with urban students in a rural setting, 
which shall be known as the Rose Cultural Exchange Pro-
gram. 
"(N) Activities carried out through Even Start pro-
grams carried out under subpart 3 of part B of title I 
and Head Start programs carried out under the Head Start 
Act, including the training of teachers for programs 
described in this subparagraph. 
"(O) Other early learning and preschool programs. 
"(P) Dropout prevention programs such as the Cook 
Inlet Tribal Council's Partners for Success program. 
"(Q) An Alaska Initiative for Community Engagement 
program. 
"(R) Career preparation activities to enable Alaska 
Native children and adults to prepare for meaningful 
employment, including programs providing tech-prep, men-
toring, training, and apprenticeship activities. 
"(S) Provision of operational support and purchasing 
of equipment, to develop regional vocational schools in rural 
areas of Alaska, including boarding schools, for Alaska 
Native students in grades 9 through 12, or at higher levels 
of education, to provide the students with necessary 
resources to prepare for skilled employment opportunities. 
"(T) Other activities, consistent with the purposes of 
this part, to meet the educational needs of Alaska Native 
children and adults. 
"(3) HOME INSTRUCTION PROGRAMS.—Home instruction pro-
grams for Alaska Native preschool children carried out under 
paragraph (2)(D) may include the following: 
"(A) Programs for parents and their infants, from the 
prenatal period of the infant through age 3. 
"(B) Preschool programs. 
"(C) Training, education, and support for parents in 
such areas as reading readiness, observation, story telling, 
and critical thinking. 
"(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 
5 percent of funds provided to a grantee under this section for 
any fiscal year may be used for administrative purposes. 
"(c) PRIORITIES.—In awarding grants or contracts to carry out 
activities described in subsection (a)(2), except for activities listed 
in subsection (d)(2), the Secretary shall give priority to applications 
from Alaska Native regional nonprofit organizations, or consortia 
that include at least one Alaska Native regional nonprofit organiza-
tion. 
"(d) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section such sums as may be necessary for 
fiscal year 2002 and each of the 5 succeeding fiscal years. 
89-194 0 -03- 31 QL 3 Part 2 
115 STAT. 1946 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(2) AVAILABILITY OF FUNDS.—Of the funds appropriated 
and made available under this section for a fiscal year, the 
Secretary shall make available— 
"(A) not less than $1,000,000 to support activities 
described in subsection (a)(2)(K); 
"(B) not less than $1,000,000 to support activities 
described in subsection (a)(2)(L); 
"(C) not less than $1,000,000 to support activities 
described in subsection (a)(2)(M); 
"(D) not less than $2,000,000 to support activities 
described in subsection (a)(2)(P); and 
"(E) not less than $2,000,000 to support activities 
described in subsection (a)(2)(Q). 
20 u s e 7545. 
"SEC. 7305. ADMENISTRATIVE PROVISIONS. 
"(a) APPLICATION REQUIRED.—No grant may be made under 
this part, and no contract may be entered into under this part, 
unless the entity seeking the grant or contract submits an applica-
tion to the Secretary in such form, in such manner, and containing 
such information as the Secretary may determine necessary to 
carry out the provisions of this part. 
"(b) APPLICATIONS.—^A State educational agency or local edu-
cational agency may apply for an award under this part only 
as part of a consortium involving an Alaska Native organization. 
The consortium may include other eligible applicants. 
"(c) CONSULTATION REQUIRED.—Each applicant for an award 
under this part shall provide for ongoing advice from and consulta-
tion with representatives of the Alaska Native community. 
"(d) 
LOCAL 
EDUCATIONAL 
AGENCY 
COORDINATION.—Each 
applicant for an award under this part shall inform each local 
educational agency serving students who would participate in the 
program to be carried out under the grant or contract about the 
application. 
20 u s e 7546. 
"SEC. 7306. DEFINITIONS. 
"In this part: 
"(1) ALASKA NATIVE.—The term 'Alaska Native' has the 
same meaning as the term 'Native' has in section 3(b) of the 
Alaska Native Claims Settlement Act. 
"(2) ALASKA NATIVE ORGANIZATION.—The term 'Alaska 
Native organization' means a federally recognized tribe, consor-
tium of tribes, regional nonprofit Native association, and 
another organization that— 
"(A) has or commits to acquire expertise in the edu-
cation of Alaska Natives; and 
"(B) has Alaska Natives in substantive and policy-
making positions within the organization.". 
SEC. 702. CONFORMING AMENDMENTS. 
(a) HIGHER EDUCATION ACT OF 1965.—Section 317(b) of the 
Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended— 
(1) in paragraph (1), by striking "section 9308" and 
inserting "section 7306"; and 
(2) in paragraph (3), by striking "section 9212" and 
inserting "section 7207". 
20 use 2326. 
(b) PUBLIC LAW 88-210.—Section 116 of Public Law 88-210 
(as added by section 1 of Public Law 105-332 (112 Stat. 3076)) 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1947 
is amended by striking "section 9212 of the Native Hawaiian Edu-
cation Act (20 U.S.C. 7912)" and inserting "section 7207 of the 
Native Hawaiian Education Act". 
(c) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION 
ACT OF 1998.—Section 116(a)(5) of the Carl D. Perkins Vocational 
and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is 
amended by striking "section 9212" and all that follows and 
inserting "section 7207 of the Native Hawaiian Education Act". 
(d) MUSEUM AND LIBRARY SERVICES ACT.—Section 261 of the 
Museum and Library Services Act (20 U.S.C. 9161) is amended 
by striking "section 9212 of the Native Hawaiian Education Act 
(20 U.S.C. 7912)" and inserting "section 7207 of the Native 
Hawaiian Education Act". 
(e) ACT OF APRIL 16, 1934.—Section 5 of the Act of April 
16, 1934 (commonly known as the "Johnson-O'Malley Act") (88 
Stat. 2213; 25 U.S.C. 456) is amended by striking "section 
9104(c)(4)" and inserting "section 7114(c)(4)". 
(f) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the 
Native American Languages Act (25 U.S.C. 2902) is amended— 
(1) in paragraph (2), by striking "section 9161(4) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7881(4))" and inserting "section 7151(3) of the Elementary and 
Secondary Education Act of 1965"; and 
(2) in paragraph (3), by striking "section 9212(1) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7912(1))" and inserting "section 7207 of the Elementary and 
Secondary Education Act of 1965". 
(g) WORKFORCE INVESTMENT ACT OF 1998.—Section 166(b)(3) 
of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3)) 
is amended by striking "paragraphs (1) and (3), respectively, of 
section 9212 of the Native Hawaiian Education Act (20 U.S.C. 
7912)" and inserting "section 7207 of the Native Hawaiian Edu-
cation Act". 
(h) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the 
Assets for Independence Act (42 U.S.C. 604 note) is amended by 
striking "section 9212 of the Native Hawaiian Education Act (20 
U.S.C. 7912)" and inserting "section 7207 of the Native Hawaiian 
Education Act". 
SEC. 703. SAVINGS PROVISIONS. 
20 USC 7401 
Funds appropriated for parts A, B, and C of title IX of the 
Elementary and Secondary Education Act of 1965 (as in effect 
on the day before the date of enactment of this Act) shall be 
available for use under parts A, B, and C, respectively, of title 
VII of such Act, as added by this section. 
TITLE VIII—IMPACT AID PROGRAM 
SEC. 801. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
PROPERTY. 
(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—Section 
8002(h)(1) (20 U.S.C. 7702(h)(1)) is amended— 
(1) in subparagraph (A), by striking "and was eligible to 
receive a payment under section 2 of the Act of September 
30, 1950" and inserting "and that filed, or has been determined 
pursuant to statute to have filed a timely application, and 
115 STAT. 1948 
PUBLIC LAW 107-110-^AN. 8, 2002 
met, or has been determined pursuant to statute to meet, 
the ehgibihty requirements of section 2(a)(1)(C) of the Act of 
September 30, 1950"; and 
(2) in subparagraph (B), by striking "(or if the local edu-
cational agency was not eligible to receive a payment under 
such section 2 for fiscal year 1994" and inserting "(or if the 
local educational agency did not meet, or has not been deter-
mined pursuant to statute to meet, the eligibility requirements 
of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal 
year 1994". 
(b) PAYMENTS FOR 1995 RECIPIENTS.—Section 8002(h)(2) (20 
U.S.C. 7702(h)(2)) is amended— 
(1) in subparagraph (A), by adding at the end before the 
period ", or whose application under this section for fiscal 
year 1995 was determined pursuant to statute to be timely 
filed for purposes of payments for subsequent fiscal years"; 
and 
(2) in subparagraph (B)(ii), by striking "for each local edu-
cational agency that received a pa3mient under this section 
for fiscal year 1995" and inserting "for each local educational 
agency described in subparagraph (A)". 
(c) 
REMAINING 
FUNDS.—Section 
8002(h)(4)(B) 
(20 U.S.C. 
7702(h)(4)(B)) is amended— 
(1) by striking "(in the same manner as percentage shares 
are determined for local educational agencies under paragraph 
(2)(B)(ii))" and inserting "(by dividing the maximum amount 
that the agency is eligible to receive under subsection (b) by 
the total of the maximum amounts for all such agencies)"; 
and 
(2) by striking ", except that for the purpose of calculating 
a local educational agency's assessed value of the Federal prop-
erty" and inserting ", except that, for the purpose of calculating 
a local educational agency's maximum amount under subsection 
(b)". 
(d) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL 
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section 
8002 (20 U.S.C. 7702) is amended by striking subsection O')-
(e) MINIMUM PAYMENT WITH RESPECT TO LOSS OF ELIGIBILITY 
OF CERTAIN LOCAL EDUCATIONAL AGENCIES.—Section 8002 (20 
U.S.C. 7702) is amended by adding at the end the following: 
"(n) Loss OF ELIGIBILITY.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
this section, the Secretary shall make a minimum payment 
to a local educational agency described in paragraph (2), for 
the first fiscal year that the agency loses eligibility for assist-
ance under this section as a result of property located within 
the school district served by the agency failing to meet the 
definition of Federal property under section 8013(5)(C)(iii), in 
an amount equal to 90 percent of the amount received by 
the agency under this section for the preceding year. 
"(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—^A local edu-
cational agency described in this paragraph is an agency that— 
"(A) was eligible for, and received, a payment under 
this section for fiscal year 2002; and 
"(B) beginning in fiscal year 2003 or a subsequent 
fiscal year, is no longer eligible for payments under this 
section as provided for in subsection (a)(1)(C) as a result 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1949 
of the transfer of the Federal property involved to a non-
Federal entity.", 
(f) APPLICATION FOR PAYMENT.—Notwithstanding any other 
provision of law, the Secretary shall treat as timely filed an applica-
tion under section 8002 (20 U.S.C. 7702) from Academy School 
District 20, Colorado, for a payment for fiscal year 1999, and shall 
process that application from funds appropriated for that section 
for fiscal year 2001. 
SEC. 802. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN. 
(a) ELIGIBILITY FOR CERTAIN HEAVILY IMPACTED LOCAL EDU-
CATIONAL AGENCIES.— 
(1) 
IN 
GENERAL.—Section 
8003(b)(2)(C) 
(20 
U.S.C. 
7703(b)(2)(C)) is amended— 
(A) in clauses (i) and (ii), by inserting after "Federal 
military installation" each place it appears the following: 
"(or if the agency is a qualified local educational agency 
as described in clause (iv))"; and 
(B) by adding at the end the following: 
"(iv) 
QUALIFIED LOCAL EDUCATIONAL AGENCY.—A 
qualified local educational agency described in this 
clause is an agency that meets the following require-
ments: 
"(I) The boundaries of the agency are the same 
as island property designated by the Secretary 
of the Interior to be property that is held in trust 
by the Federal Government. 
"(II) The agency has no taxing authority. 
"(Ill) The agency received a pa5nnent under 
paragraph (1) for fiscal year 2001.". 
(2) EFFECTIVE DATE.—The Secretary shall consider an 20USC7703 
application for a payment under section 8003(b)(2) for fiscal ^°^-
year 2002 from a qualified local educational agency described 
in section 8003(b)(2)(C)(iv), as added by paragraph (1), as 
meeting the requirements of section 8003(b)(2)(C)(iii), and shall 
provide a payment under section 8003(b)(2) for fiscal year 2002, 
if the agency submits to the Secretary an application for pay-
ment under such section not later than 30 days after the 
date of enactment of this Act. 
(b) APPLICATIONS FOR PAYMENT.— 
(1) WARNER PUBLIC SCHOOLS, MUSKOGEE COUNTY, OKLA-
HOMA.—Notwithstanding any other provision of law, the Sec-
retary of Education shall treat as timely filed an application 
under section 8003 (20 U.S.C. 7703) from Warner Public 
Schools, Muskogee County, Oklahoma, for a payment for fiscal 
year 2002, and shall process that application for payment, 
if the Secretary has received the fiscal year 2002 application 
not later than 30 days after the date of enactment of this 
Act. 
(2) P I N E POINT SCHOOL, SCHOOL DISTRICT 25, MINNESOTA.— 
Notwithstanding any other provision of law, the Secretary shall 
treat as timely filed an application under section 8003 (20 
U.S.C. 7703) from Pine Point School, School District 25, Min-
nesota, for a payment for fiscal year 2002, and shall process 
that application for payment, if the Secretary has received 
115 STAT. 1950 
PUBLIC LAW 107-110-^AN. 8, 2002 
the fiscal year 2002 application not later than 30 days after 
the date of enactment of this Act. 
SEC. 803. CONSTRUCTION. 
Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as 
follows: 
"(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS 
AUTHORIZED.— 
"(1) IN GENERAL.—From 60 percent of the amount appro-
priated for each fiscal year under section 8014(e), the 
Secretary— 
"(A) shall award emergency grants in accordance with 
this subsection to eligible local educational agencies to 
enable the agencies to carry out emergency repairs of school 
facilities; and 
"(B) shall award modernization grants in accordance 
with this subsection to eligible local educational agencies 
to enable the agencies to carry out the modernization of 
school facilities. 
"(2) PRIORITY.—In approving applications from local edu-
cational agencies for emergency grants and modernization 
grants under this subsection, the Secretary shall give priority 
to applications in accordance with the following! 
"(A) The Secretary shall first give priority to applica-
tions for emergency grants from local educational agencies 
that meet the requirements of paragraph (3)(A) and, among 
such applications for emergency grants, shall give priority 
to those applications of local educational agencies based 
on the severity of the emergency, as determined by the 
Secretary. 
"(B) The Secretary shall next give priority to applica-
tions for emergency grants from local educational agencies 
that meet the requirements of subparagraph (C) or (D) 
of paragraph (3) and, among such applications for emer-
gency grants, shall give priority to those applications of 
local educational agencies based on the severity of the 
emergency, as determined by the Secretary. 
"(C) The Secretary shall next give priority to applica-
tions for modernization grants from local educational agen-
cies that meet the requirements of paragraph (3)(B) and, 
among such applications for modernization grants, shall 
give priority to those applications of local educational agen-
cies based on the severity of the need for modernization, 
as determined by the Secretary. 
"(D) The Secretary shall next give priority to applica-
tions for modernization grants from local educational agen-
cies that meet the requirements of subparagraph (C) or 
(D) of paragraph (3) and, among such applications for mod-
ernization grants, shall give priority to those applications 
of local educational agencies based on the severity of the 
need for modernization, as determined by the Secretary. 
"(3) ELIGIBILITY REQUIREMENTS.— 
"(A) EMERGENCY GRANTS.—A local educational agency 
is eligible to receive an emergency grant under paragraph 
(2)(A) if— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1951 
"(i) the agency (or in the case of a local educational 
agency that does not have the authority to tax or 
issue bonds, the agency's fiscal agent)— 
"(I) has no practical capacity to issue bonds; 
"(II) has minimal capacity to issue bonds and 
is at not less than 75 percent of the agency's 
limit of bonded indebtedness; or 
"(III) does not meet the requirements of sub-
clauses (I) and (II) but is eligible to receive funds 
under section 8003(b)(2) for the fiscal year; and 
"(ii) the agency is eligible to receive assistance 
under subsection (a) for the fiscal year and has a 
school facility emergency, as determined by the Sec-
retary, that poses a health or safety hazard to the 
students and school personnel assigned to the school 
facility. 
"(B) 
MODERNIZATION GRANTS.—^A local educational 
agency is eligible to receive a modernization grant under 
paragraph (2)(C) if— 
"(i) the agency is eligible to receive assistance 
under this title for the fiscal year; 
"(ii) the agency (or in the case of a local educational 
agency that does not have the authority to tax or 
issue bonds, the agency's fiscal agent) meets the 
requirements of subclause (I), (II), or (III) of subpara-
graph (A)(i); and 
"(iii) the agency has facility needs resulting from 
the presence of the Federal Government, such as the 
enrollment of federally connected children, the pres-
ence of tax-exempt Federal property, or an increase 
in enrollment due to the expansion of Federal activi-
ties, housing privatization, or the acquisition of Federal 
property. 
"(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MOD-
ERNIZATION GRANTS.—(i) A local educational agency is 
eligible to receive an emergency grant or a modernization 
grant under subparagraph (B) or (D) of paragraph (2), 
respectively, if the agency meets the following require-
ments: 
"(I) The agency receives a basic support payment 
under section 8003(b) for the fiscal year and the agency 
meets at least one of the following requirements: 
"(aa) The number of children determined 
under section 8003(a)(1)(C) for the agency for the 
preceding school year constituted at least 40 per-
cent of the total student enrollment in the schools 
of the agency during the preceding school year, 
"(bb) The number of children determined 
under subparagraphs (B) and (D)(i) of section 
8003(a)(1) for the agency for the preceding school 
year constituted at least 40 percent of the total 
student enrollment in the schools of the agency 
during the preceding school year. 
"(II) The agency (or in the case of a local edu-
cational agency that does not have the authority to 
tax or issue bonds, the agency's fiscal agent) is at 
115 STAT. 1952 
PUBLIC LAW 107-110—JAN. 8, 2002 
not less than 75 percent of the agency's Hmit of bonded 
indebtedness. 
"(Ill) The agency has an assessed value of real 
property per student that may be taxed for school 
purposes that is less than the average of the assessed 
value of real property per student that may be taxed 
for school purposes in the State in which the local 
educational agency is located. 
"(ii) A local educational agency is also eligible to receive 
a modernization grant under this subparagraph if the 
agency is eligible to receive assistance under section 8002 
for the fiscal year and meets the requirements of subclauses 
(II) and (III) of claused). 
"(D) SPECIAL RULE.— 
"(i) IN GENERAL.—^Any school described in clause 
(ii) that desires to receive an emergency grant or a 
modernization grant under subparagraph (B) or (D) 
of paragraph (2), respectively, shall, except as provided 
in the following sentence, submit an application in 
accordance with paragraph (6), and shall otherwise 
be treated as a local educational agency for the purpose 
of this subsection. The school shall submit an applica-
tion for the grant to the local educational agency of 
such school and the agency shall submit the application 
on behalf of the school to the Secretary. 
"(ii) SCHOOL DESCRIBED.—^A school described in 
this clause is a school that meets the following require-
ments: 
"(I) The school is located within the geographic 
boundaries of a local educational agency that does 
not meet the applicable eligibility requirements 
under subparagraph (A), (B), or (C) for a grant 
under this subsection. 
"(II) The school meets at least one of the fol-
lowing requirements: 
"(aa) The number of children determined 
under section 8003(a)(1)(C) for the school for 
the preceding school year constituted at least 
40 percent of the total student enrollment in 
the school during the preceding school year. 
"(bb) The number of children determined 
under subparagraphs (B) and (D)(i) of section 
8003(a)(1) for the school for the preceding 
school year constituted at least 40 percent of 
the total student enrollment in the school 
during the preceding school year. 
"(Ill) The school is located 
within the 
geographic boundaries of a local educational 
agency that meets the requirements of subclauses 
(II) and (III) of subparagraph (C)(i). 
"(E) 
RULE 
OF CONSTRUCTION.—For 
purposes 
of 
subparagraph (A)(i), a local educational agency— 
"(i) has no practical capacity to issue bonds if 
the total assessed value of real property that may 
be taxed for school purposes is less than $25,000,000; 
and 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1953 
"(ii) has minimal capacity to issue bonds if the 
total assessed value of real property that may be taxed 
for school purposes is at least $25,000,000 but not 
more than $50,000,000. 
"(4) AWARD CRITERIA.—In awarding emergency grants and 
modernization grants under this subsection, the Secretary shall 
consider the following factors: 
"(A) The ability of the local educational agency to 
respond to the emergency, or to pay for the modernization 
project, as the case may be, as measured by— 
"(i) the agency's level of bonded indebtedness; 
"(ii) the assessed value of real property per student 
that may be taxed for school purposes compared to 
the average of the assessed value of real property 
per student that may be taxed for school purposes 
in the State in which the agency is located; 
"(iii) the agency's total tax rate for school purposes 
(or, if applicable, for capital expenditures) compared 
to the average total tax rate for school purposes (or 
the average capital expenditure tax rate, if applicable) 
in the State in which the agency is located; and 
"(iv) funds that are available to the agency, from 
any other source, including subsection (a), that may 
be used for capital expenditures. 
"(B) The percentage of property in the agency that 
is nontaxable due to the presence of the Federal Govern-
ment. 
"(C) The number and percentages of children described 
in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) 
served in the school facility with the emergency or served 
in the school facility proposed for modernization, as the 
case may be. 
"(D) In the case of an emergency grant, the severity 
of the emergency, as measured by the threat that the 
condition of the school facility poses to the health, safety, 
and well-being of students. 
"(E) In the case of a modernization grant— 
"(i) the severity of the need for modernization, 
as measured by such factors as— 
"(I) overcrowding, as evidenced by the use of 
portable classrooms, or the potential for future 
overcrowding because of increased enrollment; or 
"(II) the agency's inability to utilize technology 
or offer a curriculum in accordance with contem-
porary State standards due to the physical limita-
tions of the current school facility; and 
"(ii) the age of the school facility proposed for 
modernization. 
"(5) OTHER AWARD PROVISIONS.— 
"(A) GENERAL PROVISIONS.— 
"(i) LIMITATIONS ON AMOUNT OF FUNDS.— 
"(I) IN GENERAL.—The amount of funds pro-
vided under an emergency grant or a moderniza-
tion grant awarded under this subsection to a local 
educational agency that meets the requirements 
of subclause (II) or (III) of paragraph (3)(A)(i) for 
purposes of eligibility under subparagraph (A) or 
115 STAT. 1954 
PUBLIC LAW 107-110-^AN. 8, 2002 
(B) of paragraph (3) or that meets the require-
ments of clause (i) or (ii) of paragraph (3)(C) for 
purposes of ehgibiUty under such paragraph (3)(C), 
or to a school that is eligible under paragraph 
(3)(D)— 
"(aa) shall not exceed 50 percent of the 
total cost of the project to be assisted under 
this subsection; and 
"(bb) shall not exceed $4,000,000 during 
any 4-year period. 
"(II) IN-KIND CONTRIBUTIONS.—A local edu-
cational agency may use in-kind contributions to 
meet the matching requirement of subclause 
(IXaa). 
"(ii) PROHIBITIONS ON USE OF FUNDS.—^A local edu-
cational agency may not use funds provided under 
an emergency grant or modernization grant awarded 
under this subsection for— 
"(I) a project for a school facility for which 
the agency does not have full title or other interest; 
"(II) stadiums or other school facilities that 
are primarily used for athletic contests, exhibi-
tions, or other events for which admission is 
charged to the general public; or 
"(III) the acquisition of real property, 
"(iii) SUPPLEMENT, NOT SUPPLANT.—^A local edu-
cational agency shall use funds provided under an 
emergency grant or modernization grant awarded 
under this subsection only to supplement the amount 
of funds that would, in the absence of the Federal 
funds provided under the grant, be made available 
from non-Federal sources to carry out emergency 
repairs of school facilities or to carry out the mod-
ernization of school facilities, as the case may be, and 
not to supplant such funds. 
"(iv) MAINTENANCE COSTS.—Nothing in this sub-
section shall be construed to authorize the payment 
of maintenance costs in connection with any school 
facility modernized in whole or in part with Federal 
funds provided under this subsection. 
"(v) 
ENVIRONMENTAL SAFEGUARDS.—^All projects 
carried out with Federal funds provided under this 
subsection shall comply with all relevant Federal, 
State, and local environmental laws and regulations. 
"(vi) 
CARRY-OVER OF CERTAIN APPLICATIONS.^A 
local educational agency that applies for an emergency 
grant or a modernization grant under this subsection 
for a fiscal year and does not receive the grant for 
the fiscal year shall have the application for the grant 
considered for the following fiscal year, subject to the 
priority requirements of paragraph (2) and the award 
criteria requirements of paragraph (4). 
"(B) 
EMERGENCY GRANTS; PROHIBITION ON USE OF 
FUNDS.—^A local educational agency that is awarded an 
emergency grant under this F^^br tion may not use 
amounts under the grant for u^^ complete or partial 
replacement of an existing school facility unless such 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1955 
replacement is less expensive or more cost-effective than 
correcting the identified emergency. 
"(6) APPLICATION.—^A local educational agency that desires 
to receive an emergency grant or a modernization grant under 
this subsection shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
information as the Secretary may require. Each application 
shall contain the following: 
"(A) A description of how the local educational agency 
meets the award criteria under paragraph (4), including 
the information described in clauses (i) through (iv) of 
paragraph (4)(A) and subparagraphs (B) and (C) of para-
graph (4). 
"(B) In the case of an application for an emergency 
grant— 
"(i) a description of the school facility deficiency 
that poses a health or safety hazard to the occupants 
of the facility and a description of how the deficiency 
will be repaired; and 
"(ii) a signed statement from an appropriate local 
official certifying that a deficiency in the school facility 
threatens the health or safety of the occupants of the 
facility or that prevents the use of all or a portion 
of the building. 
"(C) In the case of an application for a modernization 
grant— 
"(i) an explanation of the need for the school 
facility modernization project; 
"(ii) the date on which original construction of 
the facility to be modernized was completed; 
"(iii) a listing of the school facilities to be modern-
ized, including the number and percentage of children 
determined under section 8003(a)(1) in average daily 
attendance in each school facility; and 
"(iv) a description of the ownership of the property 
on which the current school facility is located or on 
which the planned school facility will be located. 
"(D) A description of the project for which a grant 
under this subsection will be used, including a cost estimate 
for the project. 
"(E) A description of the interest in, or authority over, 
the school facility involved, such as an ownership interest 
or a lease arrangement. 
"(F) Such other information and assurances as the 
Secretary may reasonably require. 
"(7) REPORT.— 
"(A) IN GENERAL.—Not later than January 1 of each Deadline, 
year, the Secretary shall prepare and submit to the appro-
priate congressional committees a report that contains a 
justification for each grant awarded under this subsection 
for the prior fiscal year. 
"(B) DEFINITION.—In this paragraph, the term 'appro-
priate congressional committees' means— 
"(i) the Committee on Appropriations and the Com-
mittee on Education and the Workforce of the House 
of Representatives; and 
115 STAT. 1956 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(ii) the Committee on Appropriations and the 
Committee on Health, Education, Labor, and Pensions 
of the Senate.". 
SEC. 804. STATE CONSmERATION OF PAYMENTS IN PROVIDING STATE 
AID. 
Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by 
inserting after "section 8003(a)(2)(B)" the following: "and, with 
respect to a local educational agency that receives a payment under 
section 8003(b)(2), the amount in excess of the amount that the 
agency would receive if the agency were deemed to be an agency 
eligible to receive a payment under section 8003(b)(1) and not 
section 8003(b)(2)". 
SEC. 805. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 8014 (20 U.S.C. 7714) is amended 
in subsections (a), (b), (c), and (f) by striking "three succeeding 
fiscal years" each place it appears and inserting "seven succeeding 
fiscal years". 
(b) CONSTRUCTION.—Section 8014(e) (20 U.S.C. 7714(e)) is 
amended by striking "for each of the three succeeding fiscal years" 
and inserting "for fiscal year 2001, $150,000,000 for fiscal year 
2002, and such sums as may be necessary for each of the five 
succeeding fiscal years". 
(c) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL 
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section 
8014 (20 U.S.C. 7714) is amended by striking subsection (g). 
TITLE K—GENERAL PROVISIONS 
SEC 901. GENERAL PROVISIONS. 
Title IX (20 U.S.C. 7801 et seq.) is amended to read as follows: 
"TITLE IX—GENERAL PROVISIONS 
"PART A—DEFINITIONS 
20 u s e 7801. 
"SEC. 9101. DEFINITIONS. 
"Except as otherwise provided, in this Act: 
"(1) AVERAGE DAILY ATTENDANCE.— 
"(A) IN GENERAL.—Except as provided otherwise by 
State law or this paragraph, the term 'average daily attend-
ance' means— 
"(i) the aggregate number of days of attendance 
of all students during a school year; divided by 
"(ii) the number of days school is in session during 
that year. 
"(B) CONVERSION.—The Secretary shall permit the 
conversion of average daily membership (or other similar 
data) to average daily attendance for local educational 
agencies in States that provide State aid to local edu-
cational agencies on the basis of average daily membership 
(or other similar data). 
"(C) S P E C L ^ RULE.—If the local educational agency 
in which a child resides makes a tuition or other payment 
for the free public education of the child in a school located 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1957 
in another school district, the Secretary shall, for the pur-
pose of this Act— 
"(i) consider the child to be in attendance at a 
school of the agency making the payment; and 
"(ii) not consider the child to be in attendance 
at a school of the agency receiving the payment. 
"(D) CHILDREN WITH DISABILITIES.—If a local edu-
cational agency makes a tuition payment to a private school 
or to a public school of another local educational agency 
for a child with a disability, as defined in section 602 
of the Individuals with Disabilities Education Act, the Sec-
retary shall, for the purpose of this Act, consider the child 
to be in attendance at a school of the agency making 
the payment. 
"(2) AVERAGE PER-PUPIL EXPENDITURE.—The term 'average 
per-pupil expenditure' means, in the case of a State or of 
the United States— 
"(A) without regard to the source of funds— 
"(i) the aggregate current expenditures, during the 
third fiscal year preceding the fiscal year for which 
the determination is made (or, if satisfactory data for 
that year are not available, during the most recent 
preceding fiscal year for which satisfactory data are 
available) of all local educational agencies in the State 
or, in the case of the United States, for all States 
(which, for the purpose of this paragraph, means the 
50 States and the District of Columbia); plus 
"(ii) any direct current expenditures by the State 
for the operation of those agencies; divided by 
"(B) the aggregate number of children in average daily 
attendance to whom those agencies provided free public 
education during that preceding year. 
"(3) BEGINNING TEACHER.—The term 'beginning teacher' 
means a teacher in a public school who has been teaching 
less than a total of three complete school years. 
"(4) CHILD.—The term 'child' means any person within 
the age limits for which the State provides free public education. 
"(5) CHILD WITH A DISABILITY.—The term 'child with a 
disability' has the same meaning given that term in section 
602 of the Individuals with Disabilities Education Act. 
"(6) COMMUNITY-BASED ORGANIZATION.—The term 'commu-
nity-based organization' means a public or private nonprofit 
organization of demonstrated effectiveness that— 
"(A) is representative of a community or significant 
segments of a community; and 
"(B) provides educational or related services to individ-
uals in the community. 
"(7) CONSOLIDATED LOCAL APPLICATION.—The term 'consoli-
dated local application' means an application submitted by 
a local educational agency pursuant to section 9305. 
"(8) CONSOLIDATED LOCAL PLAN.—The term 'consohdated 
local plan' means a plan submitted by a local educational agency 
pursuant to section 9305. 
"(9) CONSOLIDATED STATE APPLICATION.—The term 'consoli-
dated State application' means an application submitted by 
a State educational agency pursuant to section 9302. 
115 STAT. 1958 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(10) CONSOLIDATED STATE PLAN.—The term 'consolidated 
State plan' means a plan submitted by a State educational 
agency pursuant to section 9302. 
"(11) CORE ACADEMIC SUBJECTS.—The term 'core academic 
subjects' means English, reading or language arts, mathe-
matics, science, foreign languages, civics and government, 
economics, arts, history, and geography. 
"(12) COUNTY.—The term 'county' means one of the divi-
sions of a State used by the Secretary of Commerce in compiling 
and reporting data regarding counties. 
"(13) COVERED PROGRAM.—The term 'covered program' 
means each of the programs authorized by— 
"(A) part A of title I; 
"(B) subpart 3 of part B of title I; 
"(C) p a r t e of title I; 
"(D) part D of title I; 
"(E) part F of title I; 
"(F) part A of title II; 
"(G) part D of title II; 
"(H) part A of title III; 
"(I) part A of title IV; 
"(J) part B of title IV; 
"(K) part A of title V; and 
"(L) subpart 2 of part B of title VI. 
"(14) CURRENT EXPENDITURES.—The term 'current expendi-
tures' means expenditures for free public education— 
"(A) including expenditures for administration, instruc-
tion, attendance and health services, pupil transportation 
services, operation and maintenance of plant, fixed charges, 
and net expenditures to cover deficits for food services 
and student body activities; but 
"(B) not including expenditures for community services, 
capital outlay, and debt service, or any expenditures made 
from funds received under title I and part A of title V. 
"(15) DEPARTMENT.—The term 'Department' means the 
Department of Education. 
"(16) DISTANCE LEARNING.—The term 'distance learning' 
means 
the 
transmission 
of educational 
or 
instructional 
programming to geographically dispersed individuals and 
groups via telecommunications. 
"(17) 
EDUCATIONAL 
SERVICE AGENCY.—The term 'edu-
cational service agency' means a regional public multiservice 
agency authorized by State statute to develop, manage, and 
provide services or programs to local educational agencies. 
"(18) ELEMENTARY SCHOOL.—The term 'elementary school' 
means a nonprofit institutional day or residential school, 
including a public elementary charter school, that provides 
elementary education, as determined under State law. 
"(19) EXEMPLARY TEACHER.—The term 'exemplary teacher' 
means a teacher who— 
"(A) is a highly qualified teacher such as a master 
teacher; 
"(B) has been teaching for at least 5 years in a public 
or private school or institution of higher education; 
"(C) is recommended to be an exemplary teacher by 
administrators and other teachers who are knowledgeable 
about the individual's performance; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1959 
"(D) is currently teaching and based in a public school; 
and 
"(E) assists other teachers in improving instructional 
strategies, improves the skills of other teachers, performs 
teacher mentoring, develops curricula, and offers other 
professional development. 
"(20) FAMILY LITERACY SERVICES.—The term 'family literacy 
services' means services provided to participants on a voluntary 
basis that are of sufficient intensity in terms of hours, and 
of sufficient duration, to make sustainable changes in a family, 
and that integrate all of the following activities: 
"(A) Interactive literacy activities between parents and 
their children. 
"(B) Training for parents regarding how to be the pri-
mary teacher for their children and ftill partners in the 
education of their children. 
"(C) Parent literacy training that leads to economic 
self-sufficiency. 
"(D) An age-appropriate education to prepare children 
for success in school and life experiences. 
"(21) FREE PUBLIC EDUCATION.—^The term 'free public edu-
cation' means education that is provided— 
"(A) at public expense, under public supervision and 
direction, and without tuition charge; and 
"(B) as elementary school or secondary school education 
as determined under applicable State law, except that the 
term does not include any education provided beyond grade 
12. 
"(22) GIFTED AND TALENTED.—The term 'gifted and tal-
ented', when used with respect to students, children, or youth, 
means students, children, or youth who give evidence of high 
achievement capability in areas such as intellectual, creative, 
artistic, or leadership capacity, or in specific academic fields, 
and who need services or activities not ordinarily provided 
by the school in order to fully develop those capabilities. 
"(23) HIGHLY QUALIFIED.—The term 'highly qualified'— 
"(A) when used with respect to any public elementary 
school or secondary school teacher teaching in a State, 
means that— 
"(i) the teacher has obtained full State certification 
as a teacher (including certification obtained through 
alternative routes to certification) or passed the State 
teacher licensing examination, and holds a license to 
teach in such State, except that when used with respect 
to any teacher teaching in a public charter school, 
the term means that the teacher meets the require-
ments set forth in the State's public charter school 
law; and 
"(ii) the teacher has not had certification or licen-
sure requirements waived on an emergency, temporary, 
or provisional basis; 
"(B) when used with respect to— 
"(i) an elementary school teacher who is new to 
the profession, means that the teacher— 
"(I) holds at least a bachelor's degree; and 
"(II) has demonstrated, by passing a rigorous 
State test, subject knowledge and teaching skills 
115 STAT. 1960 
PUBLIC LAW 107-llO^JAN. 8, 2002 
in reading, writing, mathematics, and other areas 
of the basic elementary school curriculum (which 
may consist of passing a State-required certifi-
cation or licensing test or tests in reading, writing, 
mathematics, 
and 
other 
areas 
of the 
basic 
elementary school curriculum); or 
"(ii) a middle or secondary school teacher who is 
new to the profession, means that the teacher holds 
at least a bachelor's degree and has demonstrated a 
high level of competency in each of the academic sub-
jects in which the teacher teaches by— 
"(I) passing a rigorous State academic subject 
test in each of the academic subjects in which 
the teacher teaches (which may consist of a passing 
level of performance on a State-required certifi-
cation or licensing test or tests in each of the 
academic subjects in which the teacher teaches); 
or 
"(II) successful completion, in each of the aca-
demic subjects in which the teacher teaches, of 
an academic major, a graduate degree, coursework 
equivalent to an undergraduate academic major, 
or advanced certification or credentialing; and 
"(C) when used with respect to an elementary, middle, 
or secondary school teacher who is not new to the profes-
sion, means that the teacher holds at least a bachelor's 
degree and— 
"(i) has met the applicable standard in clause (i) 
or (ii) of subparagraph (B), which includes an option 
for a test; or 
"(ii) demonstrates competence in all the academic 
subjects in which the teacher teaches based on a high 
objective uniform State standard of evaluation that— 
"(I) is set by the State for both grade appro-
priate academic subject matter knowledge and 
teaching skills; 
"(II) is aligned with challenging State aca-
demic content and student academic achievement 
standards and developed in consultation with core 
content specialists, teachers, principals, and school 
administrators; 
"(III) provides objective, coherent information 
about the teacher's attainment of core content 
knowledge in the academic subjects in which a 
teacher teaches; 
"(IV) is applied uniformly to all teachers in 
the same academic subject and the same grade 
level throughout the State; 
"(V) takes into consideration, but not be based 
primarily on, the time the teacher has been 
teaching in the academic subject; 
"(VI) is made available to the public upon 
request; and 
"(VII) may involve multiple, objective meas-
ures of teacher competency. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1961 
"(24) 
INSTITUTION 
OF 
HIGHER EDUCATION.—The term 
'institution of higher education' has the meaning given that 
term in section 101(a) of the Higher Education Act of 1965. 
"(25) LIMITED ENGLISH PROFICIENT.—The term limited 
Enghsh proficient', when used with respect to an individual, 
means an individual— 
"(A) who is aged 3 through 21; 
"(B) who is enrolled or preparing to enroll in an 
elementary school or secondary school; 
"(C)(i) who was not born in the United States or whose 
native language is a language other than English; 
"(ii)(I) who is a Native American or Alaska Native, 
or a native resident of the outlying areas; and 
"(II) who comes from an environment where a language 
other than English has had a significant impact on the 
individual's level of English language proficiency; or 
"(iii) who is migratory, whose native language is a 
language other than English, and who comes from an 
environment where a language other than English is domi-
nant; and 
"(D) whose difficulties in speaking, reading, writing, 
or understanding the English language may be sufficient 
to deny the individual— 
"(i) the ability to meet the State's proficient level 
of achievement on State assessments described in sec-
tion 1111(b)(3); 
"(ii) the ability to successfully achieve in class-
rooms where the language of instruction is English; 
or 
"(iii) the opportunity to participate fully in society. 
"(26) LOCAL EDUCATIONAL AGENCY.— 
"(A) IN GENERAL.—The term 'local educational agency' 
means a public board of education or other public authority 
legally constituted within a State for either administrative 
control or direction of, or to perform a service function 
for, public elementary schools or secondary schools in a 
city, county, township, school district, or other political 
subdivision of a State, or of or for a combination of school 
districts or counties that is recognized in a State as an 
administrative agency for its public elementary schools or 
secondary schools. 
"(B) 
ADMINISTRATIVE CONTROL AND DIRECTION.—The 
term includes any other public institution or agency having 
administrative control and direction of a public elementary 
school or secondary school. 
"(C) BIA SCHOOLS.—The term includes an elementary 
school or secondary school funded by the Bureau of Indian 
Affairs but only to the extent that including the school 
makes the school eligible for programs for which specific 
eligibility is not provided to the school in another provision 
of law and the school does not have a student population 
that is smaller than the student population of the local 
educational agency receiving assistance under this Act with 
the smallest student population, except that the school 
shall not be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian Affairs. 
115 STAT. 1962 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(D) 
EDUCATIONAL 
SERVICE AGENCIES.—The term 
includes educational service agencies and consortia of those 
agencies. 
"(E) STATE EDUCATIONAL AGENCY.—The term includes 
the State educational agency in a State in which the State 
educational agency is the sole educational agency for all 
public schools. 
"(27) MENTORING.—The term 'mentoring', except when used 
to refer to teacher mentoring, means a process by which a 
responsible adult, postsecondary student, or secondary school 
student works with a child to provide a positive role model 
for the child, to establish a supportive relationship with the 
child, and to provide the child with academic assistance and 
exposure to new experiences and examples of opportunity that 
enhance the ability of the child to become a responsible adult. 
"(28) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— 
The terms 'Native American' and 'Native American language' 
have the same meaning given those terms in section 103 of 
the Native American Languages Act of 1990. 
"(29) OTHER STAFF.—The term 'other staff means pupil 
services personnel, librarians, career guidance and counseling 
personnel, education 
aides, and 
other 
instructional 
and 
administrative personnel. 
"(30) OUTLYING AREA.—The term 'outlying area' means the 
United States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands, and f6r 
the purpose of section 1121(b) and any other discretionary 
grant program under this Act, includes the freely associated • 
states of the Republic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of Palau until an agree-
ment for the extension of United States education assistance 
under the Compact of Free Association for each of the freely 
associated states becomes effective after the date of enactment 
of the No Child Left Behind Act of 2001. 
"(31) PARENT.—The term 'parent' includes a legal guardian 
or other person standing in loco parentis (such as a grandparent 
or stepparent with whom the child lives, or a person who 
is legally responsible for the child's welfare). 
"(32) PARENTAL INVOLVEMENT.—The term 'parental involve-
ment' means the participation of parents in regular, two-way, 
and meaningful communication involving student academic 
learning and other school activities, including ensuring— 
"(A) that parents play an integral role in assisting 
their child's learning; 
"(B) that parents are encouraged to be actively involved 
in their child's education at school; 
"(C) that parents are full partners in their child's edu-
cation and are included, as appropriate, in decisionmaking 
and on advisory committees to assist in the education of 
their child; 
"(D) the carrying out of other activities, such as those 
described in section 1118. 
"(33) POVERTY LINE.—The term 'poverty line' means the 
poverty line (as defined by the Office of Management and 
Budget and revised annually in accordance with section 673(2) 
of the Community Services Block Grant Act) applicable to a 
family of the size involved. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1963 
"(34) PROFESSIONAL DEVELOPMENT.—The term 'professional 
development'— 
"(A) includes activities that— 
"(i) improve and increase teachers' knowledge of 
the academic subjects the teachers teach, and enable 
teachers to become highly qualified; 
"(ii) are an integral part of broad schoolwide and 
districtwide educational improvement plans; 
"(iii) give teachers, principals, and administrators 
the knowledge and skills to provide students with the 
opportunity to meet challenging State academic content 
standards and student academic achievement stand-
ards; 
"(iv) improve classroom management skills; 
"(v)(I) are high quality, sustained, intensive, and 
classroom-focused in order to have a positive and 
lasting impact on classroom instruction and the 
teacher's performance in the classroom; and 
"(II) are not 1-day or short-term workshops or 
conferences; 
"(vi) support the recruiting, hiring, and training 
of highly qualified teachers, including teachers who 
became highly qualified through State and local alter-
native routes to certification; 
"(vii) advance teacher understanding of effective 
instructional strategies that are— 
"(I) based on scientifically based research 
(except that this subclause shall not apply to activi-
ties carried out under part D of title II); and 
"(II) strategies for improving student academic 
achievement or substantially increasing the knowl-
edge and teaching skills of teachers; and 
"(viii) are aligned with and directly related to— 
"(I) State academic content standards, student 
academic achievement standards, and assess-
ments; and 
"(II) the curricula and programs tied to the 
standards described in subclause (I) except that 
this 
subclause 
shall 
not apply to 
activities 
described in clauses (ii) and (iii) of section 
2123(3)(B); 
"(ix) are developed with extensive participation of 
teachers, principals, parents, and administrators of 
schools to be served under this Act; 
"(x) are designed to give teachers of limited English 
proficient children, and other teachers and instruc-
tional staff, the knowledge and skills to provide instruc-
tion and appropriate language and academic support 
services to those children, including the appropriate 
use of curricula and assessments; 
"(xi) to the extent appropriate, provide training 
for teachers and principals in the use of technology 
so that technology and technology applications are 
effectively used in the classroom to improve teaching 
and learning in the curricula and core academic sub-
jects in which the teachers teach; 
115 STAT. 1964 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(xii) as a whole, are regularly evaluated for their 
impact on increased teacher effectiveness and improved 
student academic achievement, with the findings of 
the evaluations used to improve the quality of profes-
sional development; 
"(xiii) provide instruction in methods of teaching 
children with special needs; 
"(xiv) include instruction in the use of data and 
assessments to inform and instruct classroom practice; 
and 
"(xv) include instruction in ways that teachers, 
principals, 
pupil 
services 
personnel, 
and 
school 
administrators may work more effectively with parents; 
and 
"(B) may include activities that— 
"(i) involve the forming of partnerships with 
institutions of higher education to establish school-
based teacher training programs that provide prospec-
tive teachers and beginning teachers with an oppor-
tunity to work under the guidance of experienced 
teachers and college faculty; 
"(ii) create programs to enable paraprofessionals 
(assisting teachers employed by a local educational 
agency receiving assistance under part A of title I) 
to obtain the education necessary for those paraprofes-
sionals to become certified and licensed teachers; and 
"(iii) provide follow-up training to teachers who 
have participated in activities described in subpara-
graph (A) or another clause of this subparagraph that 
are designed to ensure that the knowledge and skills 
learned by the teachers are implemented in the class-
room. 
"(35) PUBLIC TELECOMMUNICATIONS ENTITY.—The term 
'public telecommunications entity' has the meaning given that 
term in section 397(12) of the Communications Act of 1934. 
"(36) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.— 
"(A) PUPIL SERVICES PERSONNEL.—The term 'pupil serv-
ices personnel' means school counselors, school social 
workers, school psychologists, and other qualified profes-
sional personnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and other nec-
essary services (including related services as that term 
is defined in section 602 of the Individuals with Disabilities 
Education Act) as part of a comprehensive program to 
meet student needs. 
"(B) PUPIL SERVICES.—The term 'pupil services' means 
the services provided by pupil services personnel. 
"(37) SCIENTIFICALLY BASED RESEARCH.—The term 'scientif-
ically based research'— 
"(A) means research that involves the application of 
rigorous, systematic, and objective procedures to obtain 
reliable and valid knowledge relevant to education activi-
ties and programs; and 
"(B) includes research that— 
"(i) employs systematic, empirical methods that 
draw on observation or experiment; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1965 
"(ii) involves rigorous data analyses that are ade-
quate to test the stated hj^jotheses and justify the 
general conclusions drawn; 
"(iii) relies on measurements or observational 
methods that provide reliable and valid data across 
evaluators and observers, across multiple measure-
ments and observations, and across studies by the 
same or different investigators; 
"(iv) is evaluated using experimental or quasi-
experimental designs in which individuals, entities, 
programs, or activities are assigned to different condi-
tions and with appropriate controls to evaluate the 
effects of the condition of interest, with a preference 
for random-assignment experiments, or other designs 
to the extent that those designs contain within-condi-
tion or across-condition controls; 
"(v) ensures that experimental studies are pre-
sented in sufficient detail and clarity to allow for rep-
lication or, at a minimum, offer the opportunity to 
build systematically on their findings; and 
"(vi) has been accepted by a peer-reviewed journal 
or approved by a panel of independent experts through 
a comparably rigorous, objective, and scientific review. 
"(38) SECONDARY SCHOOL.—^The term 'secondary school' 
means a nonprofit institutional day or residential school, 
including a public secondary charter school, that provides sec-
ondary education, as determined under State law, except that 
the term does not include any education beyond grade 12. 
"(39) SECRETARY.—The term 'Secretary' means the Sec-
retary of Education. 
STATE.—The term 'State' means each of the 50 States, the 
District of Columbia, the Commonwealth of Puerto Rico, and 
each of the outlying areas. 
"(41) STATE EDUCATIONAL AGENCY.—The term 'State edu-
cational agency' means the agency primarily responsible for 
the State supervision of public elementary schools and sec-
ondary schools. 
"(42) TEACHER MENTORING.—The term 'teacher mentoring' 
means activities that— 
"(A) consist of structured guidance and regular and 
ongoing support for teachers, especially beginning teachers, 
that— 
"(i) are designed to help the teachers continue 
to improve their practice of teaching and to develop 
their instructional skills; and 
part 
of an 
ongoing developmental 
induction 
process— 
"(I) involve the assistance of an exemplary 
teacher and other appropriate individuals from a 
school, local educational agency, or institution of 
higher education; and 
"(II) may include coaching, classroom observa-
tion, team teaching, and reduced teaching loads; 
and 
"(B) may include the establishment of a partnership 
by a local educational agency with an institution of higher 
115 STAT. 1966 
PUBLIC LAW 107-110-^AN. 8, 2002 
education, another local educational agency, a teacher 
organization, or another organization. 
"(43) TECHNOLOGY.—The term 'technology' means state-
of-the-art technology products and services. 
20 u s e 7802. 
"SEC. 9102. APPLICABILITY OF TITLE. 
"Parts B, C, D, and E of this title do not apply to title VIII 
of this Act. 
20 u s e 7803. 
"SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED 
SCHOOLS. 
"For the purpose of any competitive program under this Act— 
"(1) a consortium of schools operated by the Bureau of 
Indian Affairs; 
"(2) a school operated under a contract or grant with the 
Bureau of Indian Affairs in consortium with another contract 
or grant school or a tribal or community organization; or 
"(3) a Bureau of Indian Affairs school in consortium with 
an institution of higher education, a contract or grant school, 
or a tribal or community organization, 
shall be given the same consideration as a local educational agency. 
"PART B—FLEXIBILITY IN THE USE OF 
ADMINISTRATIVE AND OTHER FUNDS 
20 u s e 7821. 
"SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 
"(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 
"(1) IN GENERAL.—^A State educational agency may consoli-
date the amounts specifically made available to it for State 
administration under one or more of the programs under para-
graph (2) if the State educational agency can demonstrate 
that the majority of its resources are derived from non-Federal 
sources. 
"(2) APPLICABILITY.—This section applies to any program 
under this Act under which funds are authorized to be used 
for administration, and such other programs as the Secretary 
may designate. 
"(b) USE OF FUNDS.— 
"(1) IN GENERAL.—^A State educational agency shall use 
the amount available under this section for the administration 
of the programs included in the consolidation under subsection 
(a). 
"(2) ADDITIONAL USES.—^A State educational agency may 
also use funds available under this section for administrative 
activities designed to enhance the effective and coordinated 
use of funds under programs included in the consolidation 
under subsection (a), such as— 
"(A) the coordination of those programs with other 
Federal and non-Federal programs; 
"(B) the establishment and operation of peer-review 
mechanisms under this Act; 
"(C) the administration of this title; 
"(D) the dissemination of information regarding model 
programs and practices; 
"(E) technical assistance under any program under 
this Act; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1967 
"(F) State-level activities designed to carry out this 
title; 
"(G) training personnel engaged in audit and other 
monitoring activities; and 
"(H) implementation of the Cooperative Audit Resolu-
tion and Oversight Initiative of the Department. 
"(c) RECORDS.—^A State educational agency that consolidates 
administrative funds under this section shall not be required to 
keep separate records, by individual program, to account for costs 
reb.oing to the administration of programs included in the consolida-
tion under subsection (a). 
"(d) REVIEW.—To determine the effectiveness of State adminis-
tration under this section, the Secretary may periodically review 
the performance of State educational agencies in using consolidated 
administrative funds under this section and take such steps as 
the Secretary finds appropriate to ensure the effectiveness of that 
administration. 
"(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational 
agency does not use all "
>
f the funds available to the agency under 
this section for administration, the agency may use those funds 
during the applicable period of availability as funds available under 
one or more programs included in the consolidation under sub-
section (a). 
"(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT 
DEVELOPMENT.—In order to develop challenging State academic 
standards and assessments, a State educational agency may consoli-
date the amounts described in subsection (a) for those purposes 
under title I. 
"SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 
20 USC 7822. 
"A State educational agency that also serves as a local edu-
cational agency shall, in its applications or plans under this Act, 
describe how the agency will eliminate duplication in conducting 
administrative functions. 
"SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. 20 USC 7823. 
"(a) GENERAL AUTHORITY.—In accordance with regulations of 
the Secretary and for any fiscal year, a local educational agency, 
with the approval of its State educational agency, may consolidate 
and use for the administration of one or more programs under 
this Act (or such other programs as the Secretary shall designate) 
not more than the percentage, established in each program, of 
the total available for the local educational agency under those 
programs. 
"(b) STATE PROCEDURES.—Within 1 year after the date of enact-
ment of the No Child Left Behind Act of 2001, a State educational 
agency shall, in collaboration with local educational agencies in 
the State, establish procedures for responding to requests from 
local educational agencies to consolidate administrative funds under 
subsection (a) and for establishing limitations on the amount of 
funds under those programs that may be used for administration 
on a consolidated basis. 
"(c) CONDITIONS.—^A local educational agency that consolidates 
administrative fiinds under this section for any fiscal year shall 
not use any other funds under the programs included in the consoli-
dation for administration for that fiscal year. 
"(d) USES OF ADMINISTRATIVE FUNDS.—^A local educational 
agency that consolidates administrative funds under thlj section 
115 STAT. 1968 
PUBLIC LAW 107-110-^AN. 8, 2002 
may use the consolidated funds for the administration of the pro-
grams and for uses, at the school district and school levels, com-
parable to those described in section 9201(b)(2). 
"(e) RECORDS.—^A local educational agency that consolidates 
administrative funds under this section shall not be required to 
keep separate records, by individual program, to account for costs 
relating to the administration of the programs included in the 
consolidation. 
20 u s e 7824. 
"SEC. 9204. CONSOLmATED SET-ASIDE FOR DEPARTMENT OF THE 
INTERIOR FUNDS. 
"(a) GENERAL AUTHORITY.— 
"(1) TRANSFER.—The Secretary shall transfer to the Depart-
ment of the Interior, as a consolidated amount for covered 
programs, the Indian education programs under part A of title 
VII, and the education for homeless children and youth program 
under subtitle B of title VII of the McKinney-Vento Homeless 
Assistance Act, the amounts allotted to the Department of 
the Interior under those programs. 
, 
"(2) AGREEMENT.— 
"(A) IN GENERAL.—The Secretary and the Secretary 
of the Interior shall enter into an agreement, consistent 
with the requirements of the programs specified in para-
graph (1), for the distribution and use of those program 
funds under terms that the Secretary determines best meet 
the purposes of those programs. 
"(B) CONTENTS.—The agreement shall— 
"(i) set forth the plans of the Secretary of the 
Interior for the use of the amount transferred and 
the achievement measures to assess program effective-
ness, including measurable goals and objectives; and 
"(ii) be developed in consultation with Indian 
tribes. 
"(b) ADMINISTRATION.—The Department of the Interior may 
use not more than 1.5 percent of the funds consolidated under 
this section for its costs related to the administration of the funds 
transferred under this section. 
"PART C—COORDINATION OF PROGRAMS; 
CONSOLIDATED STATE AND LOCAL PLANS 
AND 
APPLICATIONS 
20 u s e 7841. 
"SEC. 9301. PURPOSES. 
"The purposes of this part are— 
"(1) to improve teaching and learning by encouraging 
greater cross-program coordination, planning, and service 
delivery; 
"(2) to provide greater flexibility to State and local authori-
ties through consolidated plans, applications, and reporting; 
and 
"(3) to enhance the integration of programs under this 
Act with State and local programs. 
20 u s e 7842. 
"SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICA-
TIONS. 
"(a) GENERAL AUTHORITY.— 
PUBLIC LAW 107-110-^JAN. 8, 2002 
115 STAT. 1969 
"(1) SIMPLIFICATION.—In order to simplify 
application 
requirements and reduce the burden for State educational agen-
cies under this Act, the Secretary, in accordance with subsection 
(b), shall establish procedures and criteria under which, after 
consultation with the Governor, a State educational agency 
may submit a consolidated State plan or a consolidated State 
application meeting the requirements of this section for— 
"(A) eadh of the covered programs in which the State 
participates; and 
"(B) such other programs as the Secretary may des-
ignate. 
"(2) CONSOLIDATED APPLICATIONS AND PLANS.—^After con-
sultation with the Governor, a State educational agency that 
submits a consolidated State plan or a consolidated State 
application under this section shall not be required to submit 
separate State plans or applications under any of the programs 
to which the consolidated State plan or consolidated State 
application under this section applies. 
"(b) COLLABORATION.— 
"(1) IN GENERAL.—In establishing criteria and procedures 
under this section, the Secretary shall collaborate with State 
educational agencies and, as appropriate, with other State agen-
cies, local educational agencies, public and private nonprofit 
agencies, organizations, and institutions, private schools, and 
representatives of parents, students, and teachers. 
"(2) 
CONTENTS.—Through 
the 
collaborative 
process 
described in paragraph (1), the Secretary shall establish, for 
each program under this Act to which this section applies, 
the descriptions, information, assurances, and other material 
required to be included in a consolidated State plan or consoli-
dated State application. 
"(3) NECESSARY MATERIALS.—The Secretary shall require 
only descriptions, information, assurances (including assur-
ances of compliance with applicable provisions regarding 
participation by private school children and teachers), and other 
materials that are absolutely necessary for the consideration 
of the consolidated State plan or consolidated State application. 
"SEC. 9303. CONSOLIDATED REPORTING. 
20 USC 7843. 
"(a) IN GENERAL.—In order to simplify reporting requirements 
and reduce reporting burdens, the Secretary shall establish proce-
dures and criteria under which a State educational agency, in 
consultation with the Governor of the State, may submit a consoli-
dated State annual report. 
"(b) CONTENTS.—The report shall contain information about 
the programs included in the report, including the performance 
of the State under those programs, and other matters as the Sec-
retary determines are necessary, such as monitoring activities. 
"(c) REPLACEMENT.—The report shall replace separate indi-
vidual annual reports for the programs included in the consolidated 
State annual report. 
"SEC. 
9304. 
GENERAL APPLICABILITY OF 
STATE EDUCATIONAL 
20 USC 7844. 
AGENCY ASSURANCES. 
"(a) ASSURANCES.—^A State educational agency, in consultation 
with the Governor of the State, that submits a consolidated State 
plan or consolidated State application under this Act, whether 
115 STAT. 1970 
PUBLIC LAW 107-110-^AN. 8, 2002 
separately or under section 9302, shall have on file with the Sec-
retary a single set of assurances, applicable to each program for 
which the plan or application is submitted, that provides that— 
"(1) each such program will be administered in accordance 
with all applicable statutes, regulations, program plans, and 
applications; 
"(2)(A) the control of funds provided under each such pro-
gram and title to property acquired with program funds will 
be in a public agency, a nonprofit private agency, institution, 
or organization, or an Indian tribe, if the law authorizing 
the program provides for assistance to those entities; and 
"(B) the public agency, nonprofit private agency, institution, 
or organization, or Indian tribe will administer those funds 
and property to the extent required by the authorizing law; 
"(3) the State will adopt and use proper methods of admin-
istering each such program, including— 
"(A) the enforcement of any obligations imposed by 
law on agencies, institutions, organizations, and other 
recipients responsible for carrying out each program; 
"(B) the correction of deficiencies in program operations 
that are identified through audits, monitoring, or evalua-
tion; and 
"(C) the adoption of written procedures for the receipt 
and resolution of complaints alleging violations of law in 
the administration of the programs; 
"(4) the State will cooperate in carrying out any evaluation 
of each such program conducted by or for the Secretary or 
other Federal officials; 
"(5) the State will use such fiscal control and fund 
accounting procedures as will ensure proper disbursement of, 
and accounting for, Federal funds paid to the State under 
each such program; 
"(6) the State will— 
"(A) make reports to the Secretary as may be necessary 
to enable the Secretary to perform the Secretary's duties 
under each such program; and 
"(B) maintain such records, provide such information 
to the Secretary, and afford such access to the records 
as the Secretary may find necessary to carry out the Sec-
retary's duties; and 
"(7) before the plan or application was submitted to the 
Secretary, the State afforded a reasonable opportunity for public 
comment on the plan or application and considered such com-
ment. 
"(b) GEPA PROVISION.—Section 441 of the General Education 
Provisions Act shall not apply to programs under this Act. 
20 use 7845. 
"SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS. 
"(a) GENERAL AUTHORITY.— 
"(1) CONSOLIDATED PLAN.—^A local educational agency 
receiving funds under more than one covered program may 
submit plans or applications to the State educational agency 
under those programs on a consolidated basis. 
"(2) AVAILABILITY TO GOVERNOR.—The State educational 
agency shall make any consolidated local plans and applications 
available to the Governor. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1971 
"(b) 
REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A 
State educational agency that has an approved consoUdated State 
plan or application under section 9302 may require local educational 
agencies in the State receiving funds under more than one program 
included in the consolidated State plan or consolidated State 
application to submit consolidated local plans or applications under 
those programs, but may not require those agencies to submit 
separate plans. 
"(c) COLLABORATION.—^A State educational agency, in consulta-
tion with the Governor, shall collaborate with local educational 
agencies in the State in establishing procedures for the submission 
of the consolidated State plans or consolidated State applications 
under this section. 
"(d) NECESSARY MATERIALS.—The State educational agency 
shall require only descriptions, information, assurances, and other 
material thr.t are absolutely necessary for the consideration of the 
local educational agency plan or application. 
"SEC. 9306. OTHER GENERAL ASSURANCES. 
20 USC 7846. 
"(a) ASSURANCES.—^Any applicant, other than a State edu-
cational agency that submits a plan or application under this Act, 
whether separately or pursuant to section 9305, shall have on 
file with the State educational agency a single set of assurances, 
applicable to each program for which a plan or application is sub-
mitted, that provides that— 
"(1) each such program will be administered in accordance 
with all applicable statutes, regulations, program plans, and 
applications; 
"(2)(A) the control of funds provided under each such pro-
gram and title to property acquired with program funds will 
be in a public agency or in a nonprofit private agency, institu-
tion, organization, or Indian tribe, if the law authorizing the 
program provides for assistance to those entities; and 
"(B) the public agency, nonprofit private agency, institution, 
or organization, or Indian tribe will administer the funds and 
property to the extent required by the authorizing statutes; 
"(3) the applicant will adopt and use proper methods of 
administering each such program, including— 
"(A) the enforcement of any obligations imposed by 
law on agencies, institutions, organizations, and other 
recipients responsible for carrying out each program; and 
"(B) the correction of deficiencies in program operations 
that are identified through audits, monitoring, or evalua-
tion; 
"(4) the applicant will cooperate in carrying out any evalua-
tion of each such program conducted by or for the State edu-
cational agency, the Secretary, or other Federal officials; 
"(5) the applicant will use such fiscal control and fund 
accounting procedures as will ensure proper disbursement of, 
and accounting for. Federal funds paid to the applicant under 
each such program; 
"(6) the applicant will— 
"(A) submit such reports to the State educational Reports. 
agency (which shall make the reports available to the Gov-
ernor) and the Secretary as the State educational agency 
and Secretary may require to enable the State educational 
115 STAT. 1972 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
agency and the Secretary to perform their duties under 
each such program; and 
"(B) maintain such records, provide such information, 
and afford such access to the records as the State edu-
cational agency (after consultation with the Governor) or 
the Secretary may reasonably require to carry out the 
State educational agency's or the Secretary's duties; and 
"(7) before the application was submitted, the applicant 
afforded a reasonable opportunity for public comment on the 
application and considered such comment. 
"(b) GEPA PROVISION.—Section 442 of the General Education 
Provisions Act shall not apply to programs under this Act. 
"PART D—WAIVERS 
20 use 7861. 
"SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-
MENTS. 
"(a) IN GENERAL.—Except as provided in subsection (c), the 
Secretary may waive any statutory or regulatory requirement of 
this Act for a State educational agency, local educational agency, 
Indian tribe, or school through a local educational agency, that— 
"(1) receives funds under a program authorized by this 
Act; and 
"(2) requests a waiver under subsection (b). 
"(b) REQUEST FOR WAIVER.— 
"(1) IN GENERAL.—^A State educational agency, local edu-
cational agency, or Indian tribe that desires a waiver shall 
submit a waiver request to the Secretary that— 
"(A) identifies the Federal programs affected by the 
requested waiver; 
"(B) describes which Federal statutory or regulatory 
requirements are to be waived and how the waiving of 
those requirements will— 
"(i) increase the quality of instruction for students; 
and 
"(ii) improve the academic achievement of stu-
dents; 
"(C) describes, for each school year, specific, measur-
able educational goals, in accordance with section 1111(b), 
for the State educational agency and for each local edu-
cational agency, Indian tribe, or school that would be 
affected by the waiver and the methods to be used to 
measure annually such progress for meeting such goals 
and outcomes; 
"(D) explains how the waiver will assist the State 
educational agency and each affected local educational 
agency, Indian tribe, or school in reaching those goals; 
and 
"(E) describes how schools will continue to provide 
assistance to the same populations served by programs 
for which waivers are requested. 
"(2) ADDITIONAL INFORMATION.—Such requests— 
"(A) may provide for waivers of requirements applicable 
to State educational agencies, local educational agencies, 
Indian tribes, and schools; and 
"(B) shall be developed and submitted— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1973 
"(i)(I) by local educational agencies (on behalf of 
those agencies and schools) to State educational agen-
cies; and 
"(II) by State educational agencies (on behalf of, 
and based on the requests of, local educational agen-
cies) to the Secretary; or 
"(ii) by Indian tribes (on behalf of schools operated 
by the tribes) to the Secretary. 
"(3) GENERAL REQUIREMENTS.— 
"(A) STATE EDUCATIONAL AGENCIES.—In the case of 
a waiver request submitted by a State educational agency 
acting on its own behalf, the State educational agency 
shall— 
"(i) provide all interested local educational agencies 
in the State with notice and a reasonable opportunity 
to comment on the request; 
"(ii) submit the comments to the Secretary; and 
"(iii) provide notice and information to the public 
regarding the waiver request in the manner in which 
the applying agency customarily provides similar 
notices and information to the public. 
"(B) LOCAL EDUCATIONAL AGENCIES.—In the case of 
a waiver request submitted by a local educational agency 
that receives funds under this Act— 
"(i) the request shall be reviewed by the State 
educational agency and be accompanied by the com-
ments, if any, of the State educational agency; and 
"(ii) notice and information regarding the waiver 
request shall be provided to the public by the agency 
requesting the waiver in the manner in which that 
agency customarily 
provides similar notices 
and 
information to the public. 
"(c) RESTRICTIONS.—The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to— 
"(1) the allocation or distribution of funds to States, local 
educational agencies, or other recipients of funds under this 
Act; 
"(2) maintenance of effort; 
"(3) comparability of services; 
"(4) use of Federal funds to supplement, not supplant, 
non-Federal funds; 
"(5) equitable participation of private school students and 
teachers; 
"(6) parental participation and involvement; 
"(7) applicable civil rights requirements; 
"(8) the requirement for a charter school under subpart 
1 of part B of title V; 
"(9) the prohibitions regarding— 
"(A) State aid in section 9522; 
"(B) use of funds for religious worship or instruction 
in section 9505; and 
"(C) activities in section 9526; or 
"(10) the selection of a school attendance area or school 
under subsections (a) and (b) of section 1113, except that the 
Secretary may grant a waiver to allow a school attendance 
area or school to participate in activities under part A of title 
I if the percentage of children from low-income families in 
115 STAT. 1974 
PUBLIC LAW 107-110—JAN. 8, 2002 
the school attendance area or who attend the school is not 
more than 10 percentage points below the lowest percentage 
of those children for any school attendance area or school 
of the local educational agency that meets the requirements 
of subsections (a) and (b) of section 1113. 
"(d) DURATION AND EXTENSION OF WAIVER.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
a waiver approved by the Secretary under this section may 
be for a period not to exceed 4 years. 
"(2) EXTENSION.—The Secretary may extend the period 
described in paragraph (1) if the Secretary determines that— 
"(A) the waiver has been effective in enabling the State 
or affected recipient to carry out the activities for which 
the waiver was requested and the waiver has contributed 
to improved student achievement; and 
XB) the extension is in the public interest. 
"(e) REPORTS.— 
"(1) LOCAL WAIVER.—^A local educational agency that 
receives a waiver under this section shall, at the end of the 
second year for which a waiver is received under this section 
and each subsequent year, submit a report to the State edu-
cational agency that— 
"(A) describes the uses of the waiver by the agency 
or by schools; 
"(B) describes how schools continued to provide assist-
ance to the same populations served by the programs for 
which waivers were granted; and 
"(C) evaluates the progress of the agency and of schools 
in improving the quality of instruction or the academic 
achievement of students. 
"(2) STATE WAIVER.—^A State educational agency that 
receives reports required under paragraph (1) shall annually 
submit a report to the Secretary that is based on those reports 
and contains such information as the Secretary may require. 
"(3) INDIAN TRIBE WAIVER.—^An Indian tribe that receives 
a waiver under this section shall annually submit a report 
to the Secretary that— 
"(A) describes the uses of the waiver by schools oper-
ated by the tribe; and 
"(B) evaluates the progress of those schools in 
improving the quality of instruction or the academic 
achievement of students. 
"(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002 
and for each subsequent year, the Secretary shall submit to 
the Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a report— 
"(A) summarizing the uses of waivers by State edu-
cational agencies, local educational agencies, Indian tribes, 
and schools; and 
"(B) describing whether the waivers— 
"(i) increased the quality of instruction to students; 
or 
"(ii) improved the academic achievement of stu-
dents. 
"(f) TERMINATION OF WAIVERS.—The Secretary shall terminate 
a waiver under this section if the Secretary determines, after notice 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1975 
and an opportunity for a hearing, that the performance of the 
State or other recipient affected by the waiver has been inadequate 
to justify a continuation of the waiver or if the waiver is no longer 
necessary to achieve its original purposes. 
"(g) PUBLICATION.—^A notice of the Secretary's decision to grant 
Federal Register, 
each waiver under subsection (a) shall be published in the Federal publication. 
Register and the Secretary shall provide for the dissemination 
of the notice to State educational agencies, interested parties, 
including educators, parents, students, advocacy and civil rights 
organizations, and the public. 
"PART E—UNIFORM PROVISIONS 
"Subpart 1—Private Schools 
"SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 
20 USC 7881. 
TEACHERS. 
"(a) PRIVATE SCHOOL PARTICIPATION.— 
"(1) IN GENERAL.—Except as otherwise provided in this 
Act, to the extent consistent with the number of eligible children 
in areas served by a State educational agency, local educational 
agency, educational service agency, consortium of those agen-
cies, or another entity receiving financial assistance under a 
program specified in subsection (b), who are enrolled in private 
elementary schools and secondary schools in areas served by 
such agency, consortium, or entity, the agency, consortium, 
or entity shall, after timely and meaningful consultation with 
appropriate private school officials provide to those children 
and their teachers or other educational personnel, on an equi-
table basis, special educational services or other benefits that 
address their needs under the program. 
"(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR 
BENEFITS.—Educational services or other benefits, including 
materials and equipment, provided under this section, shall 
be secular, neutral, and nonideological. 
"(3) SPECIAL RULE.—Educational services and other benefits 
provided under this section for private school children, teachers, 
and other educational personnel shall be equitable in compari-
son to services and other benefits for public school children, 
teachers, and other educational personnel participating in the 
program and shall be provided in a timely manner. 
"(4) EXPENDITURES.—Expenditures for educational services 
and other benefits provided under this section for eligible pri-
vate school children, their teachers, and other educational per-
sonnel serving those children shall be equal, taking into account 
the number and educational needs of the children to be served, 
to the expenditures for participating public school children. 
"(5) PROVISION OF SERVICES.—An agency, consortium, or 
entity described in subsection (a)( 1) of this section may provide 
those services directly or through contracts with public and 
private agencies, organizations, and institutions. 
"(b) APPLICABILITY.— 
"(1) IN GENERAL.—This section applies to programs under— 
"(A) subparts 1 and 3 of part B of title I; 
"(B) p a r t e of title I; 
"(C) part A of title II, to the extent provided in para-
graph (3); 
115 STAT. 1976 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(D) part B of title II; 
"(E) part D of title II; 
"(F) part A of title III; 
"(G) part A of title IV; and 
"(H) part B of title IV. 
"(2) DEFINITION.—For the purpose of this section, the term 
'eligible children' means children eligible for services under 
a program described in paragraph (1). 
"(3) APPLICATION.—(A) Except as provided in subparagraph 
(B), this subpart, including subsection (aX4), applies to funds 
awarded to a local educational agency under part A of title 
II only to the extent that the local educational agency uses 
funds under that part to provide professional development to 
teachers and others. 
"(B) Subject to subparagraph (A), the share of the local 
educational agency's subgrant under part A of title II that 
is used for professional development and subject to a determina-
tion of equitable expenditures under subsection (a)(4) shall 
not be less than the aggregate share of that agency's awards 
that were used for professional development for fiscal year 
2001 under section 2203(1)(B) (as such section was in effect 
on the day preceding the date of enactment of the No Child 
Left Behind Act of 2001) and section 306 of the Department 
of Education Appropriations Act, 2001. 
"(c) CONSULTATION.— 
"(1) IN GENERAL.—To ensure timely and meaningful con-
sultation, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, or 
entity shall consult with appropriate private school officials 
during the design and development of the programs under 
this Act, on issues such as— 
"(A) how the children's needs will be identified; 
"(B) what services will be offered; 
"(C) how, where, and by whom the services will be 
provided; 
"(D) how the services will be assessed and how the 
results of the assessment will be used to improve those 
services; 
"(E) the size and scope of the equitable services to 
be provided to the eligible private school children, teachers, 
and other educational personnel and the amount of funds 
available for those services; and 
"(F) how and when the agency, consortium, or entity 
will make decisions about the delivery of services, including 
a thorough consideration and analysis of the views of the 
private school officials on the provision of contract services 
through potential third-party providers. 
"(2) DISAGREEMENT.—If the agency, consortium, or entity 
disagrees with the views of the private school officials on the 
provision of services through a contract, the agency, consortium, 
or entity shall provide to the private school officials a written 
explanation of the reasons why the local educational agency 
has chosen not to use a contractor. 
"(3) TIMING.—The consultation required by paragraph (1) 
shall occur before the agency, consortium, or entity makes 
any decision that affects the opportunities of eligible private 
school children, teachers, and other educational personnel to 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1977 
participate in programs under this Act, and shall continue 
throughout the implementation and assessment of activities 
under this section. 
"(4) DISCUSSION REQUIRED.—The consultation required by 
paragraph (1) shall include a discussion of service delivery 
mechanisms that the agency, consortium, or entity could use 
to provide equitable services to eligible private school children, 
teachers, administrators, and other staff. 
"(d) PUBLIC CONTROL OF FUNDS.— 
"(1) IN GENERAL.—The control of funds used to provide 
services under this section, and title to materials, equipment, 
and property purchased with those funds, shall be in a public 
agency for the uses and purposes provided in this Act, and 
a public agency shall administer the funds and property. 
"(2) PROVISION OF SERVICES.— 
"(A) IN GENERAL.—The provision of services under this 
section shall be provided— 
"(i) by employees of a public agency; or 
"(ii) through contract by the public agency with 
an individual, association, agency, organization, or 
other entity. 
"(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision 
of those services, the employee, person, association, agency, 
organization, or other entity shall be independent of the 
private school and of any religious organization, and the 
employment or contract shall be under the control and 
supervision of the public agency. 
"(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used 
to provide services under this section shall not be commin-
gled with non-Federal funds. 
"SEC. 9502. STANDARDS FOR BY-PASS. 
20 USC 7882. 
"(a) IN GENERAL.—If, by reason of any provision of law, a 
State educational agency, local educational agency, educational 
service agency, consortium of those agencies, or other entity is 
prohibited from providing for the participation in programs of chil-
dren enrolled in, or teachers or other educational personnel from, 
private elementary schools and secondary schools, on an equitable 
basis, or if the Secretary determines that the agency, consortium, 
or entity has substantially failed or is unwilling to provide for 
that participation, as required by section 9501, the Secretary shall— 
"(1) waive the requirements of that section for the agency, 
consortium, or entity; and 
"(2) arrange for the provision of equitable services to those 
children, teachers, or other educational personnel through 
arrangements that shall be subject to the requirements of this 
section and of sections 9501, 9503, and 9504. 
"(b) DETERMINATION.—In making the determination under sub-
section (a), the Secretary shall consider one or more factors, 
including the quality, size, scope, and location of the program, 
and the opportunity of private school children, teachers, and other 
educational personnel to participate in the program. 
"SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 
20 USC 7883. 
SCHOOL CHILDREN. 
"(a) 
PROCEDURES FOR COMPLAINTS.—The Secretary 
shall 
develop and implement written procedures for receiving, inves-
tigating, and resolving complaints from parents, teachers, or other 
89-194 0 -03- 32 QL 3 Part 2 
115 STAT. 1978 
PUBLIC LAW 107-110—JAN. 8, 2002 
individuals and organizations concerning violations of section 9501 
by a State educational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity. The indi-
vidual or organization shall submit the complaint to the State 
educational agency for a written resolution by the State educational 
agency within a reasonable period of time. 
Deadline. 
"(b) APPEALS TO SECRETARY.—The resolution may be appealed 
by an interested party to the Secretary not later than 30 days 
after the State educational agency resolves the complaint or fails 
to resolve the complaint within a reasonable period of time. The 
appeal shall be accompanied by a copy of the State educational 
agency's resolution, and a complete statement of the reasons sup-
Deadline, 
porting the appeal. The Secretary shall investigate and resolve 
the appeal not later than 120 days after receipt of the appeal. 
20 use 7884. 
"SEC. 9504. BY-PASS DETERMINATION PROCESS. 
"(a) REVIEW.— 
"(1) IN GENERAL.— 
"(A) WRITTEN OBJECTIONS.—The Secretary shall not 
take any final action under section 9502 until the State 
educational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity 
affected by the action has had an opportunity, for not 
less than 45 days after receiving written notice thereof, 
to submit written objections and to appear before the Sec-
retary to show cause why that action should not be taken. 
"(B) 
PRIOR TO REDUCTION.—Pending final resolution 
of any investigation or complaint that could result in a 
determination under this section, the Secretary may with-
hold from the allocation of the affected State educational 
agency or local educational agency the amount estimated 
by the Secretary to be necessary to pay the cost of those 
services. 
"(2) PETITION FOR REVIEW.— 
"(A) PETITION.—If the affected agency, consortium, or 
entity is dissatisfied with the Secretary's final action after 
a proceeding under paragraph (1), the agency, consortium, 
or entity may, within 60 days after notice of that action, 
file with the United States court of appeals for the circuit 
in which the State is located a petition for review of that 
action. 
"(B) TRANSMISSION.—^A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the 
Secretary. 
"(C) FILING.—The Secretary, upon receipt of the copy 
of the petition, shall file in the court the record of the 
proceedings on which the Secretary based the action, as 
provided in section 2112 of title 28, United States Code. 
"(3) FINDINGS OF FACT.— 
"(A) IN GENERAL.—The findings of fact by the Sec-
retary, if supported by substantial evidence, shall be conclu-
sive, but the court, for good cause shown, may remand 
the case to the Secretary to take further evidence and 
the Secretary may then make new or modified findings 
of fact and may modify the Secretary's previous action, 
and shall file in the court the record of the further pro-
ceedings. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1979 
"(B) NEW OR MODIFIED FINDINGS.—^Any new or modified 
findings of fact shall likewise be conclusive if supported 
by substantial evidence. 
"(4) JURISDICTION.— 
"(A) IN GENERAL.—^Upon the filing of a petition, the 
court shall have jurisdiction to affirm the action of the 
Secretary or to set the action aside, in whole or in part. 
"(B) JUDGMENT.—The judgment of the court shall be 
subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 
1254 of title 28, United States Code. 
"(b) DETERMINATION.—^Any determination by the Secretary 
under this section shall continue in effect until the Secretary deter-
mines, in consultation with that agency, consortium, or entity and 
representatives of the affected private school children, teachers, 
or other educational personnel, that there will no longer be any 
failure or inability on the part of the agency, consortium, or entity 
to meet the applicable requirements of section 9501 or any other 
provision of this Act. 
"(c) PAYMENT FROM STATE ALLOTMENT.—^When the Secretary 
arranges for services pursuant to this section, the Secretary shall, 
after consultation with the appropriate public and private school 
officials, pay the cost of those services, including the administrative 
costs of arranging for those services, from the appropriate allocation 
or allocations under this Act. 
"(d) PRIOR DETERMINATION.—^Any by-pass determination by the 
Secretary under this Act as in effect on the day preceding the 
date of enactment of the No Child Left Behind Act of 2001 shall 
remain in effect to the extent the Secretary determines that that 
determination is consistent with the purpose of this section. 
"SEC. 9505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP 
20 USC 7885. 
OR INSTRUCTION. 
"Nothing contained in this Act shall be construed to authorize 
the making of any payment under this Act for religious worship 
or instruction. 
"SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS. 
20 USC 7886. 
"(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.— 
Nothing in this Act shall be construed to affect any private school 
that does not receive funds or services under this Act, nor shall 
any student who attends a private school that does not receive 
funds or services under this Act be required to participate in any 
assessment referenced in this Act. 
"(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act 
shall be construed to affect a home school, whether or not a home 
school is treated as a home school or a private school under State 
law, nor shall any student schooled at home be required to partici-
pate in any assessment referenced in this Act. 
"(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CON-
TROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be 
construed to permit, allow, encourage, or authorize any Federal 
control over any aspect of any private, religious, or home school, 
whether or not a home school is treated as a private school or 
home school under State law. This section shall not be construed 
to bar private, religious, or home schools from participation in 
programs or services under this Act. 
115 STAT. 1980 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(d) 
RULE OF CONSTRUCTION ON STATE AND LOCAL EDU-
CATIONAL AGENCY MANDATES.—Nothing in this Act shall be con-
strued to require any State educational agency or local educational 
agency that receives funds under this Act to mandate, direct, or 
control the curriculum of a private or home school, regardless 
or whether or not a home school is treated as a private school 
under state law, nor shall any funds under this Act be used for 
this purpose. 
"Subpart 2—Other Provisions 
20 use 7901. 
"SEC. 9521. MAINTENANCE OF EFFORT. 
"(a) IN GENERAL.—^A local educational agency may receive funds 
under a covered program for any fiscal year only if the State 
educational agency finds that either the combined fiscal effort per 
student or the aggregate expenditures of the agency and the State 
with respect to the provision of free public education by the agency 
for the preceding fiscal year was not less than 90 percent of the 
combined fiscal effort or aggregate expenditures for the second 
preceding fiscal year. 
"(b) REDUCTION IN CASE OF FAILURE TO MEET.— 
"(1) IN GENERAL.—The State educational agency shall 
reduce the amount of the allocation of funds under a covered 
program in any fiscal year in the exact proportion by which 
a local educational agency fails to meet the requirement of 
subsection (a) of this section by falling below 90 percent of 
both the combined fiscal effort per student and aggregate 
expenditures (using the measure most favorable to the local 
agency). 
"(2) SPECIAL RULE.—No such lesser amount shall be used 
for computing the effort required under subsection (a) of this 
section for subsequent years. 
"(c) WAIVER.—The Secretary may waive the requirements of 
this section if the Secretary determines that a waiver would be 
equitable due to— 
"(1) exceptional or uncontrollable circumstances, such as 
a natural disaster; or 
"(2) a precipitous decline in the financial resources of the 
local educational agency. 
20 use 7902. 
"SEC. 9522. PROHIBITION REGARDING STATE AID. 
"A State shall not take into consideration payments under 
this Act (other than under title VIII) in determining the eligibility 
of any local educational agency in that State for State aid, or 
the amount of State aid, with respect to free public education 
of children. 
20 use 7903. 
"SEC. 9523. PRIVACY OF ASSESSMENT RESULTS. 
"Any results from an individual assessment referred to in this 
Act of a student that become part of the education records of 
the student shall have the protections provided in section 444 
of the General Education Provisions Act. 
20 use 7904. 
"SEC. 9524. SCHOOL PRAYER. 
Deadline. 
"(a) GUIDANCE.—The Secretary shall provide and revise guid-
ance, not later than September 1, 2002, and of every second year 
thereafter, to State educational agencies, local educational agencies, 
and the public on constitutionally protected prayer in public 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1981 
elementary schools and secondary schools, including making the . 
guidance available on the Internet. The guidance shall be reviewed, 
prior to distribution, by the Office of Legal Counsel of the Depart-
ment of Justice for verification that the guidance represents the 
current state of the law concerning constitutionally protected prayer 
in public elementary schools and secondary schools. 
"(b) CERTIFICATION.—^As a condition of receiving funds under 
this Act, a local educational agency shall certify in writing to 
the State educational agency involved that no policy of the local 
educational agency prevents, or otherwise denies participation in, 
constitutionally protected prayer in public elementary schools and 
secondary schools, as detailed in the guidance required under sub-
section (a). The certification shall be provided by October 1 of 
each year. The State educational agency shall report to the Sec-
retary by November 1 of each year a list of those local educational 
agencies that have not filed the certification or against which com-
plaints have been made to the State educational agency that the 
local educational agencies are not in compliance with this section. 
"(c) ENFORCEMENT.—The Secretary is authorized and directed 
to effectuate subsection (b) by issuing, and securing compliance 
with, rules or orders with respect to a local educational agency 
that fails to certify, or is found to have certified in bad faith, 
that no policy of the local educational agency prevents, or otherwise 
denies participation in, constitutionally protected prayer in public 
elementary schools and secondary schools. 
"SEC. 9525. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES. 
Boy Scouts of 
"(a) SHORT TITLE.—^This section may be cited as the 'Boy Scouts Access Act/' 
of America Equal Access Act'. 
20 USC 7905. 
"(b) IN GENERAL.— 
"(1) EQUAL ACCESS.—Notwithstanding any other provision 
of law, no public elementary school, public secondary school, 
local educational agency, or State educational agency that has 
a designated open forum or a limited public forum and that 
receives funds made available through the Department shall 
deny equal access or a fair opportunity to meet to, or discrimi-
nate against, any group officially affiliated with the Boy Scouts 
of America, or any other youth group listed in title 36 of 
the United States Code (as a patriotic society), that wishes 
to conduct a meeting within that designated open forum or 
limited public forum, including denying such access or oppor-
tunity or discriminating for reasons based on the membership 
or leadership criteria or oath of allegiance to God and country 
of the Boy Scouts of America or of the youth group listed 
in title 36 of the United States Code (as a patriotic society). 
"(2) VOLUNTARY SPONSORSHIP.—Nothing in this section 
shall be construed to require any school, agency, or a school 
served by an agency to sponsor any group officially affiliated 
with the Boy Scouts of America, or any other youth group 
listed in title 36 of the United States Code (as a patriotic 
society). 
"(c) TERMINATION OF ASSISTANCE AND OTHER ACTION.— 
"(1) DEPARTMENTAL ACTION.—The Secretary is authorized 
and directed to effectuate subsection (b) by issuing and securing 
compliance with rules or orders with respect to a public 
elementary school, public secondary school, local educational 
agency, or State educational agency that receives funds made 
115 STAT. 1982 
PUBLIC LAW 107-llO^JAN. 8, 2002 
available through the Department and that denies equal access, 
or a fair opportunity to meet, or discriminates, as described 
in subsection (b). 
"(2) PROCEDURE.—The Secretary shall issue and secure 
compliance with the rules or orders, under paragraph (1), 
through the Office for Civil Rights and in a manner consistent 
with the procedure used by a Federal department or agency 
under section 602 of the Civil Rights Act of 1964. If the public 
school or agency does not comply with the rules or orders, 
then notwithstanding any other provision of law, no funds 
made available through the Department shall be provided to 
a school that fails to comply with such rules or orders or 
to any agency or school served by an agency that fails to 
comply with such rules or orders. 
"(3) JUDICIAL REVIEW.—^Any action taken by the Secretary 
under paragraph (1) shall be subject to the judicial review 
described in section 603 of the Civil Rights Act of 1964. Any 
person aggrieved by the action may obtain that judicial review 
in the manner, and to the extent, provided in section 603 
of such Act. 
"(d) DEFINITION AND RULE.— 
"(1) DEFINITION.—In this section, the term 'youth group' 
means any group or organization intended to serve young people 
under the age of 21. 
"(2) RULE.—For the purpose of this section, an elementary 
school or secondary school has a limited public forum whenever 
the school involved grants an offering to, or opportunity for, 
one or more outside youth or community groups to meet on 
school premises or in school facilities before or after the hours 
during which attendance at the school is compulsory. 
20 use 7906. 
"SEC. 9526. GENERAL PROHIBITIONS. 
"(a) PROHIBITION.—None of the funds authorized under this 
Act shall be used— 
"(1) to develop or distribute materials, or operate programs 
or courses of instruction directed at youth, that are designed 
to promote or encourage sexual activity, whether homosexual 
or heterosexual; 
"(2) to distribute or to aid in the distribution by any 
organization of legally obscene materials to minors on school 
grounds; 
"(3) to provide sex education or HIV-prevention education 
in schools unless that instruction is age appropriate and 
includes the health benefits of abstinence; or 
"(4) to operate a program of contraceptive distribution in 
schools. 
"(b) LOCAL CONTROL.—Nothing in this section shall be con-
strued to— 
"(1) authorize an officer or employee of the Federal Govern-
ment to mandate, direct, review, or control a State, local edu-
cational agency, or school's instructional content, curriculum, 
and related activities; 
"(2) limit the application of the General Education Provi-
sions Act; 
"(3) require the distribution of scientifically or medically 
false or inaccurate materials or to prohibit the distribution 
of scientifically or medically true or accurate materials; or 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1983 
"(4) create any legally enforceable right. 
"SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
20 USC 7907. 
FEDERAL FUNDS. 
"(a) GENERAL PROHIBITION.—Nothing in this Act shall be con-
strued to authorize an officer or employee of the Federal Govern-
ment to mandate, direct, or control a State, local educational agency, 
or school's curriculum, program of instruction, or allocation of State 
or local resources, or mandate a State or any subdivision thereof 
to spend any funds or incur any costs not paid for under this 
Act. 
"(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwith-
standing any other prohibition of Federal law, no funds provided 
to the Department under this Act may be used by the Department 
to endorse, approve, or sanction any curriculum designed to be 
used in an elementary school or secondary school. 
"(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFI-
CATION OF STANDARDS.— 
"(1) IN GENERAL.—Notwithstanding any other provision of 
Federal law, no State shall be required to have academic con-
tent or student academic achievement standards approved or 
certified by the Federal Government, in order to receive assist-
ance under this Act. 
"(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to affect requirements under title I or part 
A of title VI. 
"(d) 
RULE 
OF CONSTRUCTION ON BUILDING 
STANDARDS.— 
Nothing in this Act shall be construed to mandate national school 
building standards for a State, local educational agency, or school. 
"SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 
20 USC 7908. 
STUDENT R E C R U I T I N G INFORMATION. 
"(a) POLICY.— 
"(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Not-
withstanding section 444(a)(5)(B) of the General Education 
Provisions Act and except as provided in paragraph (2), each 
local educational agency receiving assistance under this Act 
shall provide, on a request made by military recruiters or 
an institution of higher education, access to secondary school 
students names, addresses, and telephone listings. 
"(2) CONSENT.—^A secondary school student or the parent 
of the student may request that the student's name, address, 
and telephone listing described in paragraph (1) not be released 
without prior written parental consent, and the local edu-
cational agency or private school shall notify parents of the 
option to make a request and shall comply with any request. 
"(3) SAME ACCESS TO STUDENTS.—Each local educational 
agency receiving assistance under this Act shall provide mili-
tary recruiters the same access to secondary school students 
as is provided generally to post secondary educational institu-
tions or to prospective employers of those students. 
"(b) NOTIFICATION.—The Secretary, in consultation with the Deadline. 
Secretary of Defense, shall, not later than 120 days after the date 
of enactment of the No Child Left Behind Act of 2001, notify 
principals, school administrators, and other educators about the 
requirements of this section. 
"(c) EXCEPTION.—The requirements of this section do not apply 
to a private secondary school that maintains a religious objection 
115 STAT. 1984 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
to service in the Armed Forces if the objection is verifiable through 
the corporate or other organizational documents or materials of 
that school. 
"(d) SPECIAL RULE.—^A local educational agency prohibited by 
Connecticut State law (either explicitly by statute or through statu-
tory interpretation by the State Supreme Court or State Attorney 
General) from providing military recruiters with information or 
access as required by this section shall have until May 31, 2002, 
to comply with that requirement. 
20 u s e 7909. 
"SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING. 
"(a) GENERAL PROHIBITION.—Notwithstanding any other provi-
sion of Federal law and except as provided in subsection (b), no 
funds provided under this Act to the Secretary or to the recipient 
of any award may be used to develop, pilot test, field test, imple-
ment, administer, or distribute any federally sponsored national 
test in reading, mathematics, or any other subject, unless specifi-
cally and explicitly authorized by law. 
"(b) EXCEPTIONS.—Subsection (a) shall not apply to inter-
national comparative assessments developed under the authority 
of section 404(a)(6) of the National Education Statistics Act of 
1994 and administered to only a representative sample of pupils 
in the United States and in foreign nations. 
20 u s e 7910. 
"SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 
FOR TEACHERS. 
"(a) 
MANDATORY NATIONAL TESTING OR CERTIFICATION OF 
TEACHERS.—Notwithstanding any other provision of this Act or 
any other provision of law, no funds available to the Department 
or otherwise available under this Act may be used for any purpose 
relating to a mandatory nationwide test or certification of teachers 
or education paraprofessionals, including any planning, develop-
ment, implementation, or administration of such test or certifi-
cation. 
"(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is 
prohibited from withholding funds from any State educational 
agency or local educational agency if the State educational agency 
or local educational agency fails to adopt a specific method of 
teacher or paraprofessional certification. 
20 u s e 7911. 
"SEC. 9531. PROHIBITION ON NATIONWIDE DATABASE. 
"Nothing in this Act (other than section 1308(b)) shall be con-
strued to authorize the development of a nationwide database of 
personally identifiable information on individuals involved in 
studies or other collections of data under this Act. 
20 u s e 7912. 
"SEC. 9532. UNSAFE SCHOOL CHOICE OPTION. 
"(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving 
funds under this Act shall establish and implement a statewide 
policy requiring that a student attending a persistently dangerous 
public elementary school or secondary school, as determined by 
the State in consultation with a representative sample of local 
educational agencies, or who becomes a victim of a violent criminal 
offense, as determined by State law, while in or on the grounds 
of a public elementary school or secondary school that the student 
attends, be allowed to attend a safe public elementary school or 
secondary school within the local educational agency, including 
a public charter school. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1985 
"(b) CERTIFICATION.—^As a condition of receiving funds under 
this Act, a State shall certify in writing to the Secretary that 
the State is in compliance with this section. 
"SEC. 9533. PROHIBITION ON DISCRIMINATION. 
20 USC 7913. 
"Nothing in this Act shall be construed to require, authorize, 
or permit, the Secretary, or a State educational agency, local edu-
cational agency, or school to grant to a student, or deny or impose 
upon a student, any financial or educational benefit or burden, 
in violation of the fifth or 14th amendments to the Constitution 
or other law relating to discrimination in the provision of federally 
funded programs or activities. 
"SEC. 9534. CIVIL RIGHTS. 
20 USC 7914. 
"(a) IN GENERAL.—Nothing in this Act shall be construed to 
permit discrimination on the basis of race, color, religion, sex (except 
as otherwise permitted under title IX of the Education Amendments 
of 1972), national origin, or disability in any program funded under 
this Act. 
"(b) RULE OF CONSTRUCTION,—Nothing in this Act shall be 
construed to require the disruption of services to a child or the 
displacement of a child enrolled in or participating in a program 
administered by an eligible entity, as defined in section 1116 of 
title I and part B of title V, at the commencement of the entity's 
participation in a grant under section 1116 of title I or part B 
of title V. 
"SEC. 9535. RULEMAKING. 
20 USC 7915. 
"The Secretary shall issue regulations under this Act only to 
the extent that such regulations are necessary to ensure that there 
is compliance with the specific requirements and assurances 
required by this Act. 
"SEC. 9536. SEVERABILITY. 
20 USC 7916. 
"If any provision of this Act is held invalid, the remainder 
of this Act shall be unaffected thereby. 
"PART F—EVALUATIONS 
"SEC. 9601. EVALUATIONS. 
20 USC 7941. 
"(a) RESERVATION OF FUNDS.—Except as provided in subsections 
(b) and (c), the Secretary may reserve not more than 0.5 percent 
of the amount appropriated to carry out each categorical program 
and demonstration project authorized under this Act— 
"(1) to conduct— 
"(A) comprehensive evaluations of the program or 
project; and 
"(B) studies of the effectiveness of the program or 
project and its administrative impact on schools and local 
educational agencies; 
"(2) to evaluate the aggregate short- and long-term effects 
and cost efficiencies across Federal programs assisted or author-
ized under this Act and related Federal preschool, elementary, 
and secondary programs under any other Federal law; and 
"(3) to increase the usefulness of evaluations of grant recipi-
ents in order to ensure the continuous progress of the program 
or project by improving the quality, timeliness, efficiency, and 
115 STAT. 1986 
PUBLIC LAW 107-110—JAN. 8, 2002 
use of information relating to performance under the program 
or project. 
"(b) TITLES I AND III 
EXCLUDED.—The Secretary may 
not 
reserve under subsection (a) funds appropriated to carry out any 
program authorized under title I or title III. 
"(c) 
EVALUATION ACTIVITIES AUTHORIZED 
ELSEWHERE.—If, 
under any other provision of this Act (other than title I), funds 
are authorized to be reserved or used for evaluation activities 
with respect to a program or project, the Secretary may not reserve 
additional funds under this section for the evaluation of that pro-
gram or project.". 
TITLE X—REPEALS, REDESIGNATIONS, 
AND AMENDMENTS TO OTHER STAT-
UTES 
PART A—REPEALS 
SEC. 1011. REPEALS. 
The following provisions of law are repealed: 
(1) Part G of title XV of the Higher Education Amendments 
of 1992 (20 U.S.C. 1070a-ll note), relating to the Advanced 
Placement fee payment program. 
(2) Part B of title VIII of the Higher Education Amend-
ments of 1998 (20 U.S.C. 1070a-ll note), relating to the 
Advanced Placement incentive program. 
(3) Part F of the Greneral Education Provisions Act (20 
U.S.C. 1235 et seq.), relating to R^ady to Learn Television. 
(4) The following provisions of the Goals 2000: Educate 
America Act (20 U.S.C. 5801 et seq.): 
(A) Parts A and C of title II (20 U.S.C. 5821 et seq., 
5871), relating to the National Education Goals Panel. 
(B) Title VI (20 U.S.C. 5951), relating to the Inter-
national Education Program. 
(5) The following provisions of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.): 
(A) Titles X through XII (20 U.S.C. 8001 et seq.). 
(B) Sections 13001 and 13002 (20 U.S.C. 8601, 8602). 
(C) Title XIV (20 U.S.C. 8801 et seq.). 
(6) The Troops-to-Teachers Program Act of 1999 (20 U.S.C. 
9301 et seq.). 
SEC. 1012. CONFORMING CLERICAL AND TECHNICAL AMENDMENTS. 
The table of contents in section 1(b) of the Goals 2000: Educate 
America Act (20 U.S.C. 5801 note) is amended by striking the 
items relating to the following provisions: 
(1) Parts A and C of title II (including the items relating 
to sections within those parts). 
(2) Sections 231, 232, 234, and 235. 
(3) Titles III through VI (including the items relating to 
sections within those titles). 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1987 
PART B—REDESIGNATIONS 
SEC. 1021. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS. 
(a) IN GENERAL.—Part A of title XIII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.) is trans-
ferred to and redesignated as part K of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994. 
(b) SECTIONS.—Sections 13101 through 13105 of such part are 
redesignated as sections 1001 through 1005, respectively. 
(c) DEFINED TERMS.—Part K of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (as 
transferred and redesignated by this section) is amended by adding 
at the end the following new section: 
"SEC. 1006. DEFINED TERMS. 
"In this part, the definitions of terms defined in section 9101 
of the Elementary and Secondary Education Act of 1965 shall 
apply.". 
SEC. 1022. NATIONAL DIFFUSION NETWORK. 
(a) IN GENERAL.—Part B of title XIII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8651 et seq.) is trans-
ferred to and redesignated as part L of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994. 
(b) SECTIONS.—Sections 13201 and 13102 of such part are 
redesignated as sections 1011 and 1012, respectively. 
(c) DEFINED TERMS.—Part L of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (as 
transferred and redesignated by this section) is amended by adding 
at the end the following new section: 
"SEC. 1013. DEFINED TERMS. 
"In this part, the definitions of terms defined in section 9101 
of the Elementary and Secondary Education Act of 1965 shall 
apply.". 
SEC. 1023. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDU-
CATION CONSORTIA. 
(a) IN GENERAL.—Part C of title XIII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.) is trans-
ferred to and redesignated as part M of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994. 
(b) SECTIONS.—Sections 13301 through 13108 of such part are 
redesignated as sections 1021 through 1028, respectively. 
(c) DEFINED TERMS.—Part M of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (as 
transferred and redesignated by this section) is amended by adding 
at the end the following new section: 
"SEC. 1029. DEFINED TERMS. 
"In this part, the definitions of terms defined in section 9101 
of the Elementary and Secondary Education Act of 1965 shall 
apply.". 
SEC. 1024. TECHNOLOGY-BASED TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—Part D of title XIII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8701) is transferred 
20 u s e 6053-
6053d. 
20 u s e 6053-
6053d. 
20 u s e 6053e. 
20 u s e 6054, 
6054a. 
20 u s e 6054, 
6054a. 
20 u s e 6054b. 
20 u s e 6055-
6055g. 
20 u s e 6055-
6055g. 
20 u s e 6055h. 
20 u s e 6056. 
115 STAT. 1988 
PUBLIC LAW 107-110-^AN. 8, 2002 
20 use 6053a. 
20 use 6053, 
6054. 
to and redesignated as part N of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994. 
20 use 6056. 
(b) SEeTiONS.—Section 13401 of such part is redesignated as 
section 1031. 
20 use 6056a. 
(c) DEFINED TERMS.—Part N of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994 (as 
transferred and redesignated by this section) is amended by adding 
at the end the following new section: 
"SEC. 1032. DEFINED TERMS. 
"In this part, the definitions of terms defined in section 9101 
of the Elementary and Secondary Education Act of 1965 shall 
apply.". 
SEC. 1025. CONFORMING AMENDMENTS. 
(a) PARTS K THROUGH M.—Parts K through M of the Edu-
cational Research, Development, Dissemination, and Improvement 
Act of 1994 (as transferred and redesignated by sections 1021 
through 1024 of this Act) are amended as follows: 
(1) Insert "of such Act" in— 
(A) section 1002(a)(1)(A), after "title I"; and 
(B) section 1002(a)(1)(B), after "section 1114". 
(2) Insert "of the Elementary and Secondary Education 
Act of 1965 (as such Act was in effect on the day before 
the date of enactment of the No Child Left Behind Act of 
2001)" in— 
(A) sections 1001(a)(2)(A) and 1011(e)(1), after "title 
I"; 
(B) sections 1002(b)(1) and section 1011(g)(3)(A), after 
"section 1114"; and 
(C) in section 1011(e)(3), after "title III". 
(3) In section 1011(a)(1), strike "(hereafter referred to in 
this Act as 'NDN')". 
20USC6055f. 
(4) In subsections (c) and (g)(1) of section 1011 and in 
section 
1027(1)(E), strike 
"of the Educational 
Research, 
Development, Dissemination, and Improvement Act of 1994". 
(5) In subsections (a)(2)(A) and (d) of section 1011, strike 
"part A" and insert "part K". 
(6) In sections 1002(a)(4) and 1011(e)(3), strike "part C" 
and insert "part M". 
(7) In section 1002(a), strike "section 13101(a)" and insert 
"section 1001(a)". 
20 use 6053b. 
(8) In section 1003(b)(1), strike "section 13102" and insert 
"section 1002". 
20 use 6053c. 
(9) In section 1004(b)(1), strike "section 13105" and insert 
"section 1005". 
(10) In sections 1002(a)(7) and 1003(b)(2), strike "section 
13201" and insert "section 1011". 
20 use 6055a. 
(11) In section 1022(2) and (3), strike "section 13301(a)(1)" 
and insert "section 1021(a)(1)". 
(12) In section 1027(4), strike "section 13301" and insert 
"section 1021". 
20USe6055d. 
(13) In subsections (a) and (b) of section 1025, strike "sec-
tion 13303" and insert "section 1023". 
(14) In the text preceding paragraph (1) of section 1022, 
strike "section 13304" and insert "section 1024". 
20 use 6055. 
(15) In section 1021(a)(3), strike "section 13308" and insert 
"section 1028". 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1989 
(16) In sections 1003(b)(2) and 1011(f)(4), strike "section 
13401" and insert "section 1031". 
(17) Strike "this Act" and insert "the Elementary and Sec-
ondary Education Act of 1965 (as such Act was in effect on 
the day before the date of enactment of the No Child Left 
Behind Act of 2001)" in— 
(A) section 1001(a)(1) (the first occurrence only); 
(B) paragraphs (1) through (3) of section 1001(c); 
(C) paragraphs (1), (2), (6), and (8) of section 1002(a); 
(D) section 1011(e); and 
(E) section 1031(2). 
(18) In paragraphs (1) and (2) of section 1004(b), strike 
"this Act" and insert "the Elementary and Secondary Education 
Act of 1965". 
(19) In section 1001(a)(1) (the second occurrence only) and 
in section 1002(a)(1)(C), strike "this Act" and insert "such Act". 
(20) Section 1011 is amended— 
(A) in subsection (a)(1), by striking "In order to imple-
ment the purposes of this title, the" and inserting "The"; 
and 
(B) in subsection (f)(5), by striking "to achieve the 
purposes of this title". 
(21) In section 1022(1), strike ", the Eisenhower National 
Clearinghouse for Science and Mathematics Education estab-
lished under section 2102(b)". 
(22) In section 1026(a), strike "section 14701" and insert 
"section 9601". 
(b) TITLE XIII HEADING.—The Elementary and Secondary Edu-
cation Act of 1965 is amended by striking the heading of title 
XIII. 
PART C—HOMELESS EDUCATION 
SEC. 1031. SHORT TITLE. 
This part may be cited as the "McKinney-Vento Homeless Edu-
cation Assistance Improvements Act of 2001". 
SEC. 1032. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS. 
Subtitle B of title VII of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431 et seq.) is amended to read as follows: 
"Subtitle B—Education for Homeless Children and 
Youths 
20 u s e 6053b, 
6054. 
20 u s e 6053. 
20 u s e 6053a. 
20 u s e 6056. 
20 u s e 6053c. 
20 u s e 6055a. 
20 u s e 6055e. 
McKinney-Vento 
Homeless 
Education 
Assistance 
Improvements 
Act of 2001. 
42 u s e 11301 
note. 
"SEC. 721. STATEMENT OF POLICY. 
"The following is the policy of the Congress: 
"(1) Each State educational agency shall ensure that each 
child of a homeless individual and each homeless youth has 
equal access to the same free, appropriate public education, 
including a public preschool education, as provided to other 
children and youths. 
"(2) In any State that has a compulsory residency require-
ment as a component of the State's compulsory school attend-
ance laws or other laws, regulations, practices, or policies that 
may act as a barrier to the enrollment, attendance, or success 
in school of homeless children and youths, the State will review 
and undertake steps to revise such laws, regulations, practices. 
42 u s e 11431. 
115 STAT. 1990 
PUBLIC LAW 107-110-^AN. 8, 2002 
or policies to ensure that homeless children and youths are 
afforded the same free, appropriate public education as provided 
to other children and youths. 
"(3) Homelessness alone is not sufficient reason to separate 
students from the mainstream school environment. 
"(4) Homeless children and youths should have access to 
the education and other services that such children and youths 
need to ensure that such children and youths have an oppor-
tunity to meet the same challenging State student academic 
achievement standards to which all students are held. 
42 u s e 11432. 
"SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDU-
CATION OF HOMELESS CHILDREN AND YOUTHS. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to make 
grants to States in accordance with the provisions of this section 
to enable such States to carry out the activities described in sub-
sections (d) through (g). 
"(b) APPLICATION.—No State may receive a grant under this 
section unless the State educational agency submits an application 
to the Secretary at such time, in such manner, and containing 
or accompanied by such information as the Secretary may reason-
ably require. 
"(c) ALLOCATION AND RESERVATIONS.— 
"(1) ALLOCATION.—(A) Subject to subparagraph (B), the 
Secretary is authorized to allot to each State an amount that 
bears the same ratio to the amount appropriated for such 
year under section 726 that remains after the Secretary 
reserves funds under paragraph (2) and uses funds to carry 
out section 724(d) and (h), as the amount allocated under 
section 1122 of the Elementary and Secondary Education Act 
of 1965 to the State for that year bears to the total amount 
allocated under section 1122 of such Act to all States for that 
year, except that no State shall receive less than the greater 
of— 
"(i) $150,000; 
"(ii) one-fourth of 1 percent of the amount appropriated 
under section 726 for that year; or 
"(iii) the amount such State received under this section 
for fiscal year 2001. 
"(B) If there are insufficient funds in a fiscal year to allot 
to each State the minimum amount under subparagraph (A), 
the Secretary shall ratably reduce the allotments to all States 
based on the proportionate share that each State received under 
this subsection for the preceding fiscal year. 
"(2) RESERVATIONS.—(A) The Secretary is authorized to 
reserve 0.1 percent of the amount appropriated for each fiscal 
year under section 726 to be allocated by the Secretary among 
the United States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands, 
according to their respective need for assistance under this 
subtitle, as determined by the Secretary. 
"(B)(i) The Secretary shall transfer 1 percent of the amount 
appropriated for each fiscal year under section 726 to the 
Department of the Interior for programs for Indian students 
served by schools funded by the Secretary of the Interior, 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 1991 
as determined under the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.), that are consistent 
with the purposes of the programs described in this subtitle. 
"(ii) The Secretary and the Secretary of the Interior shall 
enter into an agreement, consistent with the requirements of 
this subtitle, for the distribution and use of the funds described 
in clause (i) under terms that the Secretary determines best 
meet the purposes of the programs described in this subtitle. 
Such agreement shall set forth the plans of the Secretary 
of the Interior for the use of the amounts transferred, including 
appropriate goals, objectives, and milestones. 
"(3) STATE DEFINED.—For purposes of this subsection, the 
term 'State' does not include the United States Virgin Islands, 
Guam, American Samoa, or the Commonwealth of the Northern 
Mariana Islands. 
"(d) ACTIVITIES.—Grants under this section shall be used for 
the following: 
"(1) To carry out the policies set forth in section 721 in 
the State. 
"(2) To provide activities for, and services to, homeless 
children, including preschool-aged homeless children, and 
youths that enable such children and youths to enroll in, attend, 
and succeed in school, or, if appropriate, in preschool programs. 
"(3) To establish or designate an Office of Coordinator 
for Education of Homeless Children and Youths in the State 
educational agency in accordance with subsection (f). 
"(4) To prepare and carry out the State plan described 
in subsection (g). 
"(5) To develop and implement professional development 
programs for school personnel to heighten their awareness of, 
and capacity to respond to, specific problems in the education 
of homeless children and youths. 
"(e) STATE AND LOCAL SUBGRANTS.— 
"(1) MINIMUM DISBURSEMENTS BY STATES.—From the sums 
made available each year to carry out this subtitle, the State 
educational agency shall distribute not less than 75 percent 
in subgrants to local educational agencies for the purposes 
of carrying out section 723, except that States funded at the 
minimum level set forth in subsection (c)(1) shall distribute 
not less than 50 percent in subgrants to local educational 
agencies for the purposes of carrying out section 723. 
"(2) USE BY STATE EDUCATIONAL AGENCY.—^A State edu-
cational agency may use funds made available for State use 
under this subtitle to conduct activities under subsection (f) 
directly or through grants or contracts. 
"(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B) and section 723(a)(2)(B)(ii), in providing a free public 
education to a homeless child or youth, no State receiving 
funds under this subtitle shall segregate such child or 
youth in a separate school, or in a separate program within 
a school, based on such child's or youth's status as home-
less. 
"(B) EXCEPTION.—Notwithstanding subparagraph (A), 
paragraphs (l)(J)(i) and (3) of subsection (g), section 
723(a)(2), and any other provision of this subtitle relating 
to the placement of homeless children or youths in schools. 
115 STAT. 1992 
PUBLIC LAW 107-110—JAN. 8, 2002 
a State that has a separate school for homeless children 
or youths that was operated in fiscal year 2000 in a covered 
county shall be eligible to receive funds under this subtitle 
for programs carried out in such school if— 
"(i) the school meets the requirements of subpara-
graph (C); 
"(ii) any local educational agency serving a school 
that the homeless children and youths enrolled in the 
separate school are eligible to attend meets the require-
ments of subparagraph (E); and 
"(iii) the State is otherwise eligible to receive funds 
under this subtitle. 
"(C) SCHOOL REQUIREMENTS.—For the State to be 
eligible under subparagraph (B) to receive funds under 
this subtitle, the school described in such subparagraph 
shall— 
"(i) provide written notice, at the time any child 
or youth seeks enrollment in such school, and at least 
twice annually while the child or youth is enrolled 
in such school, to the parent or guardian of the child 
or youth (or, in the case of an unaccompanied youth, 
the youth) that— 
"(I) shall be signed by the parent or guardian 
(or, in the case of an unaccompanied youth, the 
youth); 
"(II) sets forth the general rights provided 
under this subtitle; 
"(III) specifically states— 
"(aa) the choice of schools homeless chil-
dren and youths are eligible to attend, as pro-
vided in subsection (g)(3XA); 
"(bb) that no homeless child or youth is 
required to attend a separate school for home-
less children or youths; 
"(cc) that homeless children and youths 
shall 
be 
provided 
comparable 
services 
described 
in 
subsection 
(g)(4), 
including 
transportation services, educational services, 
and meals through school meals programs; and 
"(dd) that homeless children and youths 
should not be stigmatized by school personnel; 
and 
"(IV) provides contact information for the local 
liaison for homeless children and youths and the 
State Coordinator for Education of Homeless Chil-
dren and Youths; 
"(ii)(I) provide assistance to the parent or guardian 
of each homeless child or youth (or, in the case of 
an unaccompanied youth, the youth) to exercise the 
right to attend the parent's or guardian's (or youth's) 
choice of schools, as provided in subsection (g)(3)(A); 
and 
"(II) coordinate with the local educational agency 
with jurisdiction for the school selected by the parent 
or guardian (or youth), to provide transportation and 
other necessary services; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 1993 
"(iii) ensure that the parent or guardian (or, in 
the case of an unaccompanied youth, the youth) shall 
receive the information required by this subparagraph 
in a manner and form understandable to such parent 
or guardian (or youth), including, if necessary and 
to the extent feasible, in the native language of such 
parent or guardian (or youth); and 
"(iv) demonstrate in the school's application for 
funds under this subtitle that such school— 
"(I) is complying with clauses (i) and (ii); and 
"(11) is meeting (as of the date of submission 
of the application) the same Federal and State 
standards, regulations, and mandates as other 
public schools in the State (such as complying 
with sections 1111 and 1116 of the Elementary 
and Secondary Education Act of 1965 and pro-
viding a full range of education and related serv-
ices, including services applicable to students with 
disabilities). 
"(D) 
SCHOOL 
INELIGIBILITY.—^A 
separate 
school 
described in subparagraph (B) that fails to meet the stand-
ards, regulations, and mandates described in subparagraph 
(C)(iv)(II) shall not be eligible to receive funds under this 
subtitle for programs carried out in such school after the 
first date of such failure. 
"(E) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—For 
the State to be eligible to receive the funds described in 
subparagraph (B), the local educational agency described 
in subparagraph (B)(ii) shall— 
"(i) implement a coordinated system for ensuring 
that homeless children and youths— 
"(I) are advised of the choice of schools pro-
vided in subsection (g)(3)(A); 
"(II) are immediately enrolled, in accordance 
with subsection (g)(3)(C), in the school selected 
under subsection (g)(3XA); and 
"(III) are promptly provided necessary services 
described in subsection (g)(4), including transpor-
tation, to allow homeless children and youths to 
exercise their choices of schools under subsection 
(g)(3)(A); 
"(ii) document that written notice has been 
provided— 
"(I) in accordance with subparagraph (C)(i) for 
each child or youth enrolled in a separate school 
under subparagraph (B); and 
"(II) in accordance with subsection (g)(6)(A)(v); 
"(iii) prohibit schools within the agency's jurisdic-
tion from referring homeless children or youths to, 
or requiring homeless children and youths to enroll 
in or attend, a separate school described in subpara-
graph (B); 
"(iv) identify and remove any barriers that exist 
in schools within the agency's jurisdiction that may 
have contributed to the creation or existence of sepa-
rate schools described in subparagraph (B); and 
115 STAT. 1994 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(v) not use funds received under this subtitle to 
establish— 
"(I) new or additional separate schools for 
homeless children or youths; or 
"(II) new or additional sites for separate 
schools for homeless children or youths, other than 
the sites occupied by the schools described in 
subparagraph (B) in fiscal year 2000. 
"(F) REPORT.— 
"(i) PREPARATION.—The Secretary shall prepare a 
report on the separate schools and local educational 
agencies described in subparagraph (B) that receive 
funds under this subtitle in accordance with this para-
graph. The report shall contain, at a minimum, 
information on— 
"(I) compliance with all requirements of this 
paragraph; 
"(II) barriers to school access in the school 
districts served by the local educational agencies; 
and 
"(III) the progress the separate schools are 
making in integrating homeless children and 
youths into the mainstream school environment, 
including the average length of student enrollment 
in such schools. 
"(ii) COMPLIANCE WITH INFORMATION REQUESTS.— 
For purposes of enabling the Secretary to prepare the 
report, the separate schools and local educational agen-
cies shall cooperate with the Secretary and the State 
Coordinator for Education of Homeless Children and 
Youths established in the State under subsection (d)(3), 
and shall comply with any requests for information 
by the Secretary and State Coordinator for such State. 
DeadUne. 
"(iii) SUBMISSION.—Not later than 2 years after 
the date of enactment of the McKinney-Vento Homeless 
Education Assistance Improvements Act of 2001, the 
Secretary shall submit the report described in clause 
(i) to— 
"(I) the President; 
"(II) the Committee on Education and the 
Workforce of the House of Representatives; and 
"(III) the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
"(G) DEFINITION.—For purposes of this paragraph, the 
term 'covered county* means— 
"(i) San Joaquin County, California; 
"(ii) Orange County, California; 
"(iii) San Diego County, California; and 
"(iv) Maricopa County, Arizona. 
"(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordi-
nator for Education of Homeless Children and Youths established 
in each State shall— 
"(1) gather reliable, valid, and comprehensive information 
on the nature and extent of the problems homeless children 
and youths have in gaining access to public preschool programs 
and to public elementary schools and secondary schools, the 
difficulties in identifying the special needs of such children 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1995 
and youths, any progress made by the State educational agency 
and local educational agencies in the State in addressing such 
problems and difficulties, and the success of the programs 
under this subtitle in allowing homeless children and youths 
to enroll in, attend, and succeed in, school; 
"(2) develop and carry out the State plan described in 
subsection (g); 
"(3) collect and transmit to the Secretary, at such time 
and in such manner as the Secretary may require, a report 
containing such information as the Secretary determines is 
necessary to assess the educational needs of homeless children 
and youths within the State; 
"(4) facilitate coordination between the State educational 
agency, the State social services agency, and other agencies 
(including agencies providing mental health services) to provide 
services to homeless children, including preschool-aged home-
less children, and youths, and to families of such children 
and youths; 
"(5) in order to improve the provision of comprehensive 
education and related services to homeless children and youths 
and their families, coordinate and collaborate with— 
"(A) educators, including child development and pre-
school program personnel; 
"(B) providers of services to homeless and runaway 
children and youths and homeless families (including 
domestic violence agencies, shelter operators, transitional 
housing facilities, runaway and homeless youth centers, 
and transitional living programs for homeless youths); 
"(C) local educational agency liaisons designated under 
subsection (g)(l)(J)(ii) for homeless children and youths; 
and 
"(D) community organizations and groups representing 
homeless children and youths and their families; and 
"(6) provide technical assistance to local educational agen-
cies in coordination with local educational agency liaisons des-
ignated under subsection (g)(l)(J)(ii), to ensure that local edu-
cational agencies comply with the requirements of section 
722(e)(3) and paragraphs (3) through (7) of subsection (g). 
"(g) STATE PLAN.— 
"(1) IN GENERAL.—Each State shall submit to the Secretary 
a plan to provide for the education of homeless children and 
youths within the State. Such plan shall include the following: 
"(A) A description of how such children and youths 
are (or will be) given the opportunity to meet the same 
challenging State academic achievement stsindards all stu-
dents are expected to meet. 
"(B) A description of the procedures the State edu-
cational agency will use to identify such children and 
youths in the State and to assess their special needs. 
"(C) A description of procedures for the prompt resolu-
tion of disputes regarding the educational placement of 
homeless children and youths. 
"(D) A description of programs for school personnel 
(including principals, attendance officers, teachers, enroll-
ment personnel, and pupil services personnel) to heighten 
the awareness of such personnel of the specific needs of 
runaway and homeless youths. 
115 STAT. 1996 
PUBLIC LAW 107-110-JAN. 8, 2002 
"(E) A description of procedures that ensure that home-
less children and youths who meet the relevant eligibility 
criteria are able to participate in Federal, State, or local 
food programs. 
"(F) A description of procedures that ensure that— 
"(i) homeless children have equal access to the 
same public preschool programs, administered by the 
State agency, as provided to other children in the 
State; 
"(ii) homeless youths and youths separated from 
the public schools are identified and accorded equal 
access to appropriate secondary education and support 
services; and 
"(iii) homeless children and youths who meet the 
relevant eligibility criteria are able to participate in 
Federal, State, or local before- and after-school care 
programs. 
"(G) Strategies to address problems identified in the 
report provided to the Secretary under subsection (f)(3). 
"(H) Strategies to address other problems with respect 
to the education of homeless children and youths, including 
problems resulting from enrollment delays that are caused 
b y -
"(i) immunization and medical records require-
ments; 
"(ii) residency requirements; 
"(iii) lack of birth certificates, school records, or 
other documentation; 
"(iv) guardianship issues; or 
"(v) uniform or dress code requirements. 
"(I) A demonstration that the State educational agency 
and local educational agencies in the State have developed, 
and shall review and revise, policies to remove barriers 
to the enrollment and retention of homeless children and 
youths in schools in the State. 
"(J) Assurances that— 
"(i) the State educational agency and local edu-
cational agencies in the State will adopt policies and 
practices to ensure that homeless children and youths 
are not stigmatized or segregated on the basis of their 
status as homeless; 
"(ii) local educational agencies will designate an 
appropriate staff person, who may also be a coordinator 
for other Federal programs, as a local educational 
agency liaison for homeless children and youths, to 
carry out the duties described in paragraph (6)(A); 
and 
"(iii) the State and its local educational agencies 
will adopt policies and practices to ensure 
that 
transportation is provided, at the request of the parent 
or guardian (or in the case of an unaccompanied youth, 
the liaison), to and from the school of origin, as deter-
mined in paragraph (3)(A), in accordance with the fol-
lowing, as applicable: 
"(I) If the homeless child or youth continues 
to live in the area served by the local educational 
agency in which the school of origin is located. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 1997 
the child's or youth's transportation to and from 
the school of origin shall be provided or arranged 
by the local educational agency in which the school 
of origin is located. 
"(11) If the homeless child's or youth's living 
arrangements in the area served by the local edu-
cational agency of origin terminate and the child 
or youth, though continuing his or her education 
in the school of origin, begins living in an area 
served by another local educational agency, the 
local educational agency of origin and the local 
educational agency in which the homeless child 
or youth is living shall agree upon a method to 
apportion the responsibility and costs for providing 
the child with transportation to and from the 
school of origin. If the local educational agencies 
are unable to agree upon such method, the respon-
sibility and costs for transportation shall be shared 
equally. 
"(2) COMPLIANCE.— 
"(A) IN GENERAL.—Each plan adopted under this sub-
section shall also describe how the State will ensure that 
local educational agencies in the State will comply with 
the requirements of paragraphs (3) through (7). 
"(B) COORDINATION.—Such plan shall indicate what 
technical assistance the State will furnish to local edu-
cational agencies and how compliance efforts will be coordi-
nated with the local educational agency liaisons designated 
under paragraph (l)(J)(ii). 
"(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— 
"(A) IN GENERAL.—The local educational agency serving 
each child or youth to be assisted under this subtitle shall, 
according to the child's or youth's best interest— 
"(i) continue the child's or youth's education in 
the school of origin for the duration of homelessness— 
"(I) in any case in which a family becomes 
homeless between academic years or during an 
academic year; or 
"(II) for the remainder of the academic year, 
if the child or youth becomes permanently housed 
during an academic year; or 
"(ii) enroll the child or youth in any public school 
that nonhomeless students who live in the attendance 
area in which the child or youth is actually living 
are eligible to attend. 
"(B) BEST INTEREST.—In determining the best interest 
of the child or youth under subparagraph (A), the local 
educational agency shall— 
"(i) to the extent feasible, keep a homeless child 
or youth in the school of origin, except when doing 
so is contrary to the wishes of the child's or youth's 
parent or guardian; 
"(ii) provide a written explanation, including a 
statement regarding the right to appeal under subpara-
graph (E), to the homeless child's or youth's parent 
or guardian, if the local educational agency sends such 
child or youth to a school other than the school of 
115 STAT. 1998 
PUBLIC LAW 107-llO^JAN. 8, 2002 
origin or a school requested by the parent or guardian; 
and 
"(iii) in the case of an unaccompanied youth, 
ensure that the homeless liaison designated under 
paragraph (l)(J)(ii) assists in placement or enrollment 
decisions under this subparagraph, considers the views 
of such unaccompanied youth, and provides notice to 
such youth of the right to appeal under subparagraph 
(E). 
"(C) ENROLLMENT.—(i) The school selected in accord-
ance with this paragraph shall immediately enroll the 
homeless child or youth, even if the child or youth is 
unable to produce records normally required for enrollment, 
such as previous academic records, medical records, proof 
of residency, or other documentation. 
"(ii) The enrolling school shall immediately contact the 
school last attended by the child or youth to obtain relevant 
academic and other records. 
"(iii) If the child or youth needs to obtain immuniza-
tions, or immunization or medical records, the enrolling 
school shall immediately refer the parent or guardian of 
the child or youth to the local educational agency liaison 
designated under paragraph (l)(J)(ii), who shall assist in 
obtaining necessary immunizations, or immunization or 
medical records, in accordance with subparagraph (D). 
"(D) RECORDS.—^Any record ordinarily kept by the 
school, including immunization or medical records, aca-
demic records, birth certificates, guardianship records, and 
evaluations for special services or programs, regarding each 
homeless child or youth shall be maintained— 
"(i) so. that the records are available, in a timely 
fashion, when a child or youth enters a new school 
or school district; and 
"(ii) in a manner consistent with section 444 of 
the General Education Provisions Act (20 U.S.C. 
1232g). 
"(E) ENROLLMENT DISPUTES.—If a dispute arises over 
school selection or enrollment in a school— 
"(i) the child or youth shall be immediately 
admitted to the school in which enrollment is sought, 
pending resolution of the dispute; 
"(ii) the parent or guardian of the child or youth 
shall be provided with a written explanation of the 
school's decision regarding school selection or enroll-
ment, including the rights of the parent, guardian, 
or youth to appeal the decision; 
"(iii) the child, youth, parent, or guardian shall 
be referred to the local educational agency liaison des-
ignated under paragraph (l)(J)(ii), who shall carry out 
the dispute resolution process as described in para-
graph (1)(C) as expeditiously as possible after receiving 
notice of the dispute; and 
"(iv) in the case of an unaccompanied youth, the 
homeless liaison shall ensure that the youth is imme-
diately enrolled in school pending resolution of the 
dispute. 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 1999 
"(F) PLACEMENT CHOICE.—The choice regarding place-
ment shall be made regardless of whether the child or 
youth lives with the homeless parents or has been tempo-
rarily placed elsewhere. 
"(G) SCHOOL OF ORIGIN DEFINED.—In this paragraph, 
the term 'school of origin' means the school that the child 
or youth attended when permanently housed or the school 
in which the child or youth was last enrolled. 
"(H) CONTACT INFORMATION.—Nothing in this subtitle 
shall prohibit a local educational agency from requiring 
a parent or guardian of a homeless child to submit contact 
information. 
"(4) COMPARABLE SERVICES.—Each homeless child or youth 
to be assisted under this subtitle shall be provided services 
comparable to services offered to other students in the school 
selected under paragraph (3), including the following: 
"(A) Transportation services. 
"(B) Educational services for which the child or youth 
meets the eligibility criteria, such as services provided 
under title I of the Elementary and Secondary Education 
Act of 1965 or similar State or local programs, educational 
programs for children with disabilities, and educational 
programs for students with limited English proficiency. 
"(C) Programs in vocational and technical education. 
"(D) Programs for gifted and talented students. 
"(E) School nutrition programs. 
"(5) COORDINATION.— 
"(A) IN GENERAL.—Each local educational agency 
serving homeless children and youths that receives assist-
ance under this subtitle shall coordinate— 
"(i) the provision of services under this subtitle 
with local social services agencies and other agencies 
or programs providing services to homeless children 
and youths and their families, including services and 
programs funded under the Runaway and Homeless 
Youth Act (42 U.S.C. 5701 et seq.); and 
"(ii) with other local educational agencies on inter-
district issues, such as transportation or transfer of 
school records. 
"(B) HOUSING ASSISTANCE.—If applicable, each State 
educational agency and local educational agency that 
receives assistance under this subtitle shall coordinate with 
State and local housing agencies responsible for developing 
the comprehensive housing affordability strategy described 
in section 105 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12705) to minimize educational 
disruption for children and youths who become homeless. 
"(C) 
COORDINATION 
PURPOSE.—The 
coordination 
required under subparagraphs (A) and (B) shall be designed 
to— 
"(i) ensure that homeless children and youths have 
access and reasonable proximity to available education 
and related support services; and 
"(ii) raise the awareness of school personnel and 
service providers of the effects of short-term stays in 
a 
shelter and other 
challenges 
associated 
with 
homelessness. 
115 STAT. 2000 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(6) LOCAL EDUCATIONAL AGENCY LLA.ISON.— 
"(A) DUTIES.—Each local educational agency liaison 
for homeless children and youths, designated under para-
graph (l)(J)(ii), shall ensure that— 
"(i) homeless children and youths are identified 
by school personnel and through coordination activities 
with other entities and agencies; 
"(ii) homeless children and youths enroll in, and 
have a full and equal opportunity to succeed in, schools 
of that local educational agency; 
"(iii) homeless families, children, and youths 
receive educational services for which such families, 
children, and youths are eligible, including Head Start 
and Even Start programs and preschool programs 
administered by the local educational agency, and 
referrals to health care services, dental services, 
mental health services, and other appropriate services; 
"(iv) the parents or guardians of homeless children 
and youths are informed of the educational and related 
opportunities available to their children and are pro-
vided with meaningful opportunities to participate in 
the education of their children; 
"(v) public notice of the educational rights of home-
less children and youths is disseminated where such 
children and youths receive services under this Act, 
such as schools, family shelters, and soup kitchens; 
"(vi) enrollment disputes are mediated in accord-
ance with paragraph (3)(E); and 
"(vii) the parent or guardian of a homeless child 
or youth, and any unaccompanied youth, is fully 
informed 
of all transportation services, including 
transportation to the school of origin, as described 
in paragraph (l)(J)(iii), and is assisted in accessing 
transportation to the school that is selected under para-
graph (3XA). 
"(B) NOTICE.—State coordinators established under 
subsection (d)(3) and local educational agencies shall inform 
school personnel, service providers, and advocates working 
with homeless families of the duties of the local educational 
agency liaisons. 
"(C) LOCAL AND STATE COORDINATION.—Local edu-
cational agency liaisons for homeless children and youths 
shall, as a part of their duties, coordinate and collaborate 
with State coordinators and community and school per-
sonnel responsible for the provision of education and 
related services to homeless children and youths. 
"(7) REVIEW AND REVISIONS.— 
"(A) IN GENERAL.—Each State educational agency and 
local educational agency that receives assistance under this 
subtitle shall review and revise any policies that may act 
as barriers to the enrollment of homeless children and 
youths in schools that are selected under paragraph (3). 
"(B) CONSIDERATION.—In reviewing and revising such 
policies, consideration shall be given to issues concerning 
transportation, immunization, residency, birth certificates, 
school records and other documentation, and guardianship. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2001 
"(C) SPECIAL ATTENTION.—Special attention shall be 
given to ensuring the enrollment and attendance of home-
less children and youths who are not currently attending 
school. 
"SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDU- 42 USC 11433. 
CATION OF HOMELESS CHILDREN AND YOUTHS. 
"(a) GENERAL AUTHORITY.— 
"(1) IN GENERAL.—The State educational agency shall, in 
accordance with section 722(e), and from amounts made avail-
able to such agency under section 726, make subgrants to 
local educational agencies for the purpose of facilitating the 
enrollment, attendance, and success in school of homeless chil-
dren and youths. 
"(2) SERVICES.— 
"(A) IN GENERAL.—Services under paragraph (1)— 
"(i) may be provided through programs on school 
grounds or at other facilities; 
"(ii) shall, to the maximum extent practicable, be 
provided through existing programs and mechanisms 
that integrate homeless children and youths with non-
homeless children and youths; and 
"(iii) shall be designed to expand or improve serv-
ices provided as part of a school's regular academic 
program, but not to replace such services provided 
under such program. 
"(B) SERVICES ON SCHOOL GROUNDS.—If services under 
paragraph (1) are provided on school grounds, schools— 
"(i) may use funds under this subtitle to provide 
the same services to other children and youths who 
are determined by the local educational agency to be 
at risk of failing in, or dropping out of, school, subject 
to the requirements of clause (ii); and 
"(ii) except as otherwise provided in section 
722(eX3)(B), shall not provide services in settings 
within a school that segregate homeless children and 
youths from other children and youths, except as nec-
essary for short periods of time— 
"(I) for health and safety emergencies; or 
"(II) to provide temporary, special, and supple-
mentary services to meet the unique needs of 
homeless children and youths. 
"(3) REQUIREMENT.—Services provided under this section 
shall not replace the regular academic program and shall be 
designed to expand upon or improve services provided as part 
of the school's regular academic program. 
"(b) APPLICATION.—^A local educational agency that desires to 
receive a subgrant under this section shall submit an application 
to the State educational agency at such time, in such manner, 
and containing or accompanied by such information as the State 
educational agency may reasonably require. Such application shall 
include the following: 
"(1) An assessment of the educational and related needs 
of homeless children and youths in the area served by such 
agency (which may be undertaken as part of needs assessments 
for other disadvantaged groups). 
115 STAT. 2002 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) A description of the services and programs for which 
assistance is sought to address the needs identified in para-
graph (1). 
"(3) An assurance that the local educational agency's com-
bined fiscal effort per student, or the aggregate expenditures 
of that agency and the State with respect to the provision 
of free public education by such agency for the fiscal year 
preceding the fiscal year for which the determination is made, 
was not less than 90 percent of such combined fiscal effort 
or aggregate expenditures for the second fiscal year preceding 
the fiscal year for which the determination is made. 
"(4) An assurance that the applicant complies with, or 
will use requested funds to comply with, paragraphs (3) through 
(7) of section 722(g). 
"(5) A description of policies and procedures, consistent 
with section 722(e)(3), that the agency will implement to ensure 
that activities carried out by the agency will not isolate or 
stigmatize homeless children and youths. 
"(c) AWARDS.— 
"(1) IN GENERAL.—The State educational agency shall, in 
accordance with the requirements of this subtitle and from 
amounts made available to it under section 726, make competi-
tive subgrants to local educational agencies that submit applica-
tions under subsection (b). Such subgrants shall be awarded 
on the basis of the need of such agencies for assistance under 
this subtitle and the quality of the applications submitted. 
"(2) NEED.—In determining need under paragraph (1), the 
State educational agency may consider the number of homeless 
children and youths enrolled in preschool, elementary, and 
secondary schools within the area served by the local edu-
cational agency, and shall consider the needs of such children 
and youths and the ability of the local educational agency 
to meet such needs. The State educational agency may also 
consider the following: 
"(A) The extent to which the proposed use of funds 
will facilitate the enrollment, retention, and educational 
success of homeless children and youths. 
"(B) The extent to which the application— 
"(i) reflects coordination with other local and State 
agencies that serve homeless children and youths; and 
"(ii) describes how the applicant will meet the 
requirements of section 722(g)(3). 
"(C) The extent to which the applicant exhibits in 
the application and in current practice a commitment to 
education for all homeless children and youths. 
"(D) Such other criteria as the State agency determines 
appropriate. 
"(3) QUALITY.—In determining the quality of applications 
under paragraph (1), the State educational agency shall con-
sider the following: 
"(A) The applicant's needs assessment under subsection 
(b)(1) and the likelihood that the program presented in 
the application will meet such needs. 
"(B) The types, intensity, and coordination of the serv-
ices to be provided under the program. 
"(C) The involvement of parents or guardians of home-
less children or youths in the education of their children. 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 2003 
"(D) The extent to which homeless children and youths 
will be integrated within the regular education program. 
"(E) The quality of the applicant's evaluation plan for 
the program. 
"(F) The extent to which services provided under this 
subtitle will be coordinated with other services available 
to homeless children and youths and their families. 
"(G) Such other measures as the State educational 
agency considers indicative of a high-quality program, such 
as the extent to which the local educational agency will 
provide case management or related services to unaccom-
panied youths. 
"(4) DURATION OF GRANTS.—Grants awarded under this 
section shall be for terms not to exceed 3 years. 
"(d) AUTHORIZED ACTIVITIES.—^A local educational agency may 
use funds awarded under this section for activities that carry out 
the purpose of this subtitle, including the following: 
"(1) The provision of tutoring, supplemental instruction, 
and enriched educational services that are linked to the achieve-
ment of the same challenging State academic content standards 
and challenging State student academic achievement standards 
the State establishes for other children and youths. 
"(2) The provision of expedited evaluations of the strengths 
and needs of homeless children and youths, including needs 
and eligibility for programs and services (such as educational 
programs for gifted and talented students, children with disabil-
ities, and students with limited English proficiency, services 
provided under title I of the Elementary and Secondary Edu-
cation Act of 1965 or similar State or local programs, programs 
in vocational and technical education, and school nutrition pro-
grams). 
"(3) Professional development and other activities for edu-
cators and pupil services personnel that are designed to 
heighten the understanding and sensitivity of such personnel 
to the needs of homeless children and youths, the rights of 
such children and youths under this subtitle, and the specific 
educational needs of runaway and homeless youths. 
"(4) The provision of referral services to homeless children 
and youths for medical, dental, mental, and other health serv-
ices. 
"(5) The provision of assistance to defray the excess cost 
of transportation for students under section 722(g)(4)(A), not 
otherwise provided through Federal, State, or local funding, 
where necessary to enable students to attend the school selected 
under section 722(g)(3). 
"(6) The provision of developmentally appropriate early 
childhood education programs, not otherwise provided through 
Federal, State, or local funding, for preschool-aged homeless 
children. 
"(7) The provision of services and assistance to attract, 
engage, and retain homeless children and youths, and unaccom-
panied youths, in public school programs and services provided 
to nonhomeless children and youths. 
"(8) The provision for homeless children and youths of 
before- and after-school, mentoring, and summer programs in 
which a teacher or other qualified individual provides tutoring, 
homework assistance, and supervision of educational activities. 
115 STAT. 2004 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(9) If necessary, the payment of fees and other costs associ-
ated with tracking, obtaining, and transferring records nec-
essary to enroll homeless children and youths in school, 
including birth certificates, immunization or medical records, 
academic records, guardianship records, and evaluations for 
special programs or services. 
"(10) The provision of education and training to the parents 
of homeless children and youths about the rights of, and 
resources available to, such children and youths. 
"(11) The development of coordination between schools and 
agencies providing services to homeless children and youths, 
as described in section 722(g)(5). 
"(12) The provision of pupil services (including violence 
prevention counseling) and referrals for such services. 
"(13) Activities to address the particular needs of homeless 
children and youths that may arise from domestic violence. 
"(14) The adaptation of space and purchase of supplies 
for any nonschool facilities made available under subsection 
(a)(2) to provide services under this subsection. 
"(15) The provision of school supplies, including those sup-
plies to be distributed at shelters or temporary housing facili-
ties, or other appropriate locations. 
"(16) The provision of other extraordinary or emergency 
assistance needed to enable homeless children and youths to 
attend school. 
42 use 11434. 
"SEC. 724. SECRETARIAL RESPONSIBILITIES. 
"(a) REVIEW OF STATE PLANS.—In reviewing the State plan 
submitted by a State educational agency under section 722(g), the 
Secretary shall use a peer review process and shall evaluate 
whether State laws, policies, and practices described in such plan 
adequately address the problems of homeless children and youths 
relating to access to education and placement as described in such 
plan. 
"(b) TECHNICAL ASSISTANCE.—The Secretary shall provide sup-
port and technical assistance to a State educational agency to 
assist such agency in carrying out its responsibilities under this 
subtitle, if requested by the State educational agency. 
"(c) NOTICE.—The Secretary shall, before the next school year 
that begins after the date of enactment of the McKinney-Vento 
Homeless Education Assistance Improvements Act of 2001, create 
and disseminate nationwide a public notice of the educational rights 
of homeless children and youths and disseminate such notice to 
other Federal agencies, programs, and grantees, including Head 
Start grantees. Health Care for the Homeless grantees, Emergency 
Food and Shelter grantees, and homeless assistance programs 
administered by the Department of Housing and Urban Develop-
ment. 
"(d) EVALUATION AND DISSEMINATION.—The Secretary shall con-
duct evaluation and dissemination activities of programs designed 
to meet the educational needs of homeless elementary and sec-
ondary school students, and may use funds appropriated under 
section 726 to conduct such activities. 
"(e) 
SUBMISSION 
AND DISTRIBUTION.—The Secretary 
shall 
require applications for grants under this subtitle to be submitted 
to the Secretary not later than the expiration of the 60-day period 
beginning on the date that funds are available for purposes of 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 2005 
"SEC. 725. DEFINITIONS. 
"For purposes of this subtitle: 
"(1) The terms 'enroll' and 'enrollment' include attending 
classes and participating fully in school activities. 
"(2) The term 'homeless children and youths'— 
Federal Register, 
publication. 
Deadline. 
making such grants and shall make such grants not later than 
the expiration of the 120-day period beginning on such date. 
"(f) DETERMINATION BY SECRETARY.—The Secretary, based on 
the information received from the States and information gathered 
by the Secretary under subsection (h), shall determine the extent 
to which State educational agencies are ensuring that each homeless 
child and homeless youth has access to a free appropriate public 
education, as described in section 721(1). 
"(g) GUIDELINES.—The Secretary shall develop, issue, and pub-
lish in the Federal Register, not later than 60 days after the 
date of enactment of the McKinney-Vento Homeless Education 
Assistance Improvements Act of 2001, school enrollment guidelines 
for States with respect to homeless children and youths. The guide-
lines shall describe— 
"(1) successful ways in which a State may assist local 
educational agencies to immediately enroll homeless children 
and youths in school; and 
"(2) how a State can review the State's requirements 
regarding immunization and medical or school records and 
make such revisions to the requirements as are appropriate 
and necessary in order to enroll homeless children and youths 
in school immediately. 
"(h) INFORMATION.— 
"(1) IN GENERAL.—From funds appropriated under section 
726, the Secretary shall, directly or through grants, contracts, 
or cooperative agreements, periodically collect and disseminate 
data and information regarding— 
"(A) the number and location of homeless children and 
youths; 
"(B) the education and related services such children 
and youths receive; 
"(C) the extent to which the needs of homeless children 
and youths are being met; and 
"(D) such other data and information as the Secretary 
determines to be necessary and relevant to carry out this 
subtitle. 
"(2) COORDINATION.—The Secretary shall coordinate such 
collection and dissemination with other agencies and entities 
that receive assistance and administer programs under this 
subtitle. 
"(i) REPORT.—Not later than 4 years after the date of enactment Deadline 
of the McKdnney-Vento Homeless Education Assistance Improve-
ments Act of 2001, the Secretary shall prepare and submit to 
the President and the Committee on Education and the Workforce 
of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report on the 
status of education of homeless children and youths, which shall 
include information on— 
"(1) the education of homeless children and youths; and 
"(2) the actions of the Secretary and the effectiveness of 
the programs supported under this subtitle. 
42 u s e 11434a. 
115 STAT. 2006 
PUBLIC LAW 107-110—JAN. 8, 2002 
42 u s e 11435. 
42 u s e 11301 
note. 
"(A) means individuals who lack a fixed, regular, and 
adequate nighttime residence (within the meaning of sec-
tion 103(a)(1)); and 
"(B) includes— 
"(i) children and youths who are sharing the 
housing of other persons due to loss of housing, eco-
nomic hardship, or a similar reason; are living in 
motels, hotels, trailer parks, or camping grounds due 
to the lack of alternative adequate accommodations; 
are living in emergency or transitional shelters; are 
abandoned in hospitals; or are awaiting foster care 
placement; 
"(ii) children and youths who have a primary night-
time residence that is a public or private place not 
designed for or ordinarily used as a regular sleeping 
accommodation for human beings (within the meaning 
of section 103(a)(2)(C)); 
"(iii) children and youths who are living in cars, 
parks, public spaces, abandoned buildings, substandard 
housing, bus or train stations, or similar settings; and 
"(iv) migratory children (as such term is defined 
in section 1309 of the Elementary and Secondary Edu-
cation Act of 1965) who qualify as homeless for the 
purposes of this subtitle because the children are living 
in circumstances described in clauses (i) through (iii). 
"(3) The terms 'local educational agency' and 'State edu-
cational agency' have the meanings given such terms in section 
9101 of the Elementary and Secondary Education Act of 1965. 
"(4) The term 'Secretary' means the Secretary of Education. 
"(5) The term 'State' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
"(6) The term 'unaccompanied youth' includes a youth not 
in the physical custody of a parent or guardian. 
"SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 
"For the purpose of carrying out this subtitle, there are author-
ized to be appropriated $70,000,000 for fiscal year 2002 and such 
sums as may be necessary for each of fiscal years 2003 through 
2007.". 
SEC. 1033. CONFORMING AMENDMENT. 
The table of contents of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11301 note) is amended so that the items 
relating to subtitle B of title VII read as follows: 
"Subtitle B—Education for Homeless Children and Youths 
"Sec. 721. Statement of policy. 
"Sec. 722. Grants for State and local activities for the education of homeless chil-
dren and youths. 
"Sec. 723. Local educational agency subgrants for the education of homeless chil-
dren and youths. 
"Sec. 724. Secretarial responsibilities. 
"Sec. 725. Definitions. 
"Sec. 726. Authorization of appropriations.". 
SEC. 1034. TECHNICAL AMENDMENT. 
(a) IN GENERAL.—Section 1 of Public Law 106-400 (42 U.S.C. 
11301) is amended by striking "Section 1 of" and inserting "Section 
101 of". 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2007 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall be deemed to be effective on the date of enactment of Public 
Law 106-400. 
PART D—NATIVE AMERICAN EDUCATION 
IMPROVEMENT 
SEC. 1041. SHORT TITLE. 
This part may be cited as the "Native American Education 
Improvement Act of 2001". 
SEC. 1042. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978. 
Part B of title XI of the Education Amendments of 1978 (25 
U.S.C. 2001 et seq.) is amended to read as follows: 
"PART B—BUREAU OF INDIAN AFFAIRS 
PROGRAMS 
"SEC. 1120. DECLARATION OF POLICY. 
"Congress declares that the Federal Government has the sole 
responsibility for the operation and financial support of the Bureau 
of Indian Affairs funded school system that it has established 
on or near Indian reservations and Indian trust lands throughout 
the Nation for Indian children. It is the policy of the United States 
to fulfill the Federal Government's unique and continuing trust 
relationship with and responsibility to the Indian people for the 
education of Indian children and for the operation and financial 
support of the Bureau of Indian Affairs-funded school system to 
work in full cooperation with tribes toward the goal of ensuring 
that the programs of the Bureau of Indian Affairs-funded school 
system are of the highest quality and provide for the basic 
elementary and secondary educational needs of Indian children, 
including meeting the unique educational and cultural needs of 
those children. 
"SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION OF INDIAN 
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS. 
"(a) PURPOSE; DECLARATIONS OF PURPOSE.— 
"(1) PURPOSE.—The purpose of the accreditation required 
under this section shall be to ensure that Indian students 
being served by a school funded by the Bureau of Indian Affairs 
are provided with educational opportunities that equal or 
exceed those for all other students in the United States. 
"(2) DECLARATIONS OF PURPOSE.—Local school boards for 
schools operated by the Bureau of Indian Affairs, in cooperation 
and consultation with the appropriate tribal governing bodies 
and their communities, are encouraged to adopt declarations 
of purpose for education for their communities, taking into 
account the implications of such declarations on education in 
their communities and for their schools. In adopting such dec-
larations of purpose, the school boards shall consider the effect 
the declarations may have on the motivation of students and 
faculties. 
"(b) ACCREDITATION.— 
"(1) DEADLINE.— 
"(A) IN GENERAL.—Not later than 24 months after the 
date of enactment of the Native American Education 
42 u s e 11301 
note. 
Native American 
Education 
Improvement Act 
of 2001. 
25 u s e 2000 
note. 
25 u s e 2022-
2026. 
25 u s e 2000. 
25 u s e 2001. 
Deadline. 
115 STAT. 2008 
PUBLIC LAW 107-110—JAN. 8, 2002 
Improvement Act of 2001, each Bureau-funded school shall, 
to the extent that necessary funds are provided, be a can-
didate for accreditation or be accredited— 
"(i) by a tribal accrediting body, if the accreditation 
standards of the tribal accrediting body have been 
accepted by formal action of the tribal governing body 
and such accreditation is acknowledged by a generally 
recognized State certification or regional accrediting 
agency; 
"(ii) by a regional accreditation agency; 
"(iii) by State accreditation standards for the State 
in which the Bureau-funded school is located; or 
"(iv) in the case of a Bureau-funded school that 
is located on a reservation that is located in more 
than one State, in accordance with the State accredita-
tion standards of one State as selected by the tribal 
government. 
Deadline. 
"(B) FEASIBILITY STUDY.—Not later than 12 months 
after the date of enactment of the Native American Edu-
cation Improvement Act of 2001, the Secretary of the 
Interior and the Secretary of Education shall, in consulta-
tion with Indian tribes, Indian education organizations, 
and accrediting agencies, develop and submit to the appro-
priate committees of Congress a report on the desirability 
and feasibility of establishing a tribal accreditation agency 
that would— 
"(i) review and acknowledge the accreditation 
standards for Bureau-funded schools; and 
"(ii) establish accreditation procedures to facilitate 
the application, review of the standards and review 
processes, and recognition of qualified and credible 
tribal departments of education as accrediting bodies 
serving tribal schools. 
"(2) DETERMINATION OF ACCREDITATION TO BE APPLIED.— 
The accreditation type applied for each school shall be deter-
mined by the tribal governing body, or the school board, if 
authorized by the tribal governing body. 
"(3) ASSISTANCE TO SCHOOL BOARDS.— 
"(A) IN GENERAL.—The Secretary, through contracts 
and grants, shall provide technical and financial assistance 
to Bureau-funded schools, to the extent that necessary 
amounts are made available, to enable such schools to 
obtain the accreditation required under this subsection, 
if the school boards request that such assistance, in part 
or in whole, be provided. 
"(B) ENTITIES THROUGH WHICH ASSISTANCE MAY BE PRO-
VIDED.—The Secretary may provide such assistance directly 
or through the Department of Education, an institution 
of higher education, a private not-for-profit organization 
or for-profit organization, an educational service agency, 
or another entity with demonstrated experience in assisting 
schools in obtaining accreditation. 
"(4) APPLICATION OF CURRENT STANDARDS DURING ACCREDI-
TATION.—^A Bureau-funded school that is seeking accreditation 
shall remain subject to the standards issued under section 
1121 of the Education Amendments of 1978 and in effect on 
the day before the date of enactment of the Native American 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2009 
Education Improvement Act of 2001 until such time as the 
school is accredited, except that if any of such standards are 
in conflict with the standards of the accrediting agency, the 
standards of such agency shall apply in such case. 
"(5) ANNUAL REPORT ON UNACCREDITED SCHOOLS.—Not Deadline, 
later than 90 days after the end of each school year, the 
Secretary shall prepare and submit to the Committee on Appro-
priations, the Committee on Education and the Workforce, and 
the Committee on Resources of the House of Representatives 
and the Committee on Appropriations, the Committee on Indian 
Affairs, and the Committee on Health, Education, Labor, and 
Pensions of the Senate, a report concerning unaccredited 
Bureau-funded schools that— 
"(A) identifies those Bureau-funded schools that fail 
to be accredited or to be candidates for accreditation within 
the period provided for in paragraph (1); 
"(B) with respect to each Bureau-funded school identi-
fied under subparagraph (A), identifies the reasons that 
each such school is not accredited or a candidate for accredi-
tation, as determined by the appropriate accreditation 
agency, and a description of any possible way in which 
to remedy such nonaccreditation; and 
"(C) with respect to each Bureau-funded school for 
which the reported reasons for the lack of accreditation 
under subparagraph (B) are a result of the school's inad-
equate basic resources, contains information and funding 
requests for the full funding needed to provide such schools 
with accreditation, such funds if provided shall be applied 
to such unaccredited school under this paragraph. 
"(6) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.— 
"(A) IN GENERAL.—Prior to including a Bureau-funded 
school in an annual report required under paragraph (5), 
the Secretary shall— 
"(i) ensure that the school has exhausted all 
administrative remedies provided by the accreditation 
agency; and 
"(ii) provide the school with an opportunity to 
review the data on which such inclusion is based. 
"(B) PROVISION OF ADDITIONAL INFORMATION.—If the 
school board of a school that the Secretary has proposed 
for inclusion in an annual report under paragraph (5) 
believes that such inclusion is in error, the school board 
may provide to the Secretary such information as the board 
believes is in conflict with the information and conclusions 
of the Secretary with respect to the determination to 
include the school in such annual report. The Secretary 
shall consider such information provided by the school 
board before making a final determination concerning the 
inclusion of the school in any such report. 
"(C) PUBLICATION OF ACCREDITATION STATUS.—Not Deadline, 
later than 30 days after making an initial determination 
to include a school in an annual report under paragraph 
(5), the Secretary shall make public the final determination 
on the accreditation status of the school. 
"(7) SCHOOL PLAN.— 
"(A) IN GENERAL.—Not later than 120 days after the DeadUne. 
date on which a school is included in an annual report 
89-194 0 -03- 33 QL3 Part 2 
115 STAT. 2010 
PUBLIC LAW 107-110—JAN. 8, 2002 
under paragraph (5), the school shall develop a school 
plan, in consultation with interested parties including par-
ents, school staff, the school board, and other outside 
experts (if appropriate), that shall be submitted to the 
Secretary for approval. The school plan shall cover a 3-
year period and shall— 
"(i) incorporate strategies that address the specific 
issues that caused the school to fail to be accredited 
or fail to be a candidate for accreditation; 
"(ii) incorporate policies and practices concerning 
the school that have the greatest likelihood of ensuring 
that the school will obtain accreditation during the 
3-year period beginning on the date on which the plan 
is implemented; 
"(iii) contain an assurance that the school will 
reserve the necessary funds, from the funds described 
in paragraph (3), for each fiscal year for the purpose 
of obtaining accreditation; 
"(iv) specify how the funds described in clause 
(iii) will be used to obtain accreditation; 
"(v) establish specific annual, objective goals for 
measuring continuous and significant progress made 
by the school in a manner that will ensure the accredi-
tation of the school within the 3-year period described 
in clause (ii); 
"(vi) identify how the school will provide written 
notification about the lack of accreditation to the par-
ents of each student enrolled in such school, in a format 
and, to the extent practicable, in a language the par-
ents can understand; and 
"(vii) specify the responsibilities of the school board 
and any assistance to be provided by the Secretary 
under paragraph (3). 
"(B) IMPLEMENTATION.—^A school shall implement the 
school plan under subparagraph (A) expeditiously, but in 
no event later than the beginning of the school year fol-
lowing the school year in which the school was included 
in the annual report under paragraph (5) so long as the 
necessary resources have been provided to the school. 
Deadline. 
"(C) REVIEW OF PLAN.—Not later than 45 days after 
receiving a school plan, the Secretary shall— 
"(i) establish a peer-review process to assist with 
the review of the plan; and 
"(ii) promptly review the school plan, work with 
the school as necessary, and approve the school plan 
if the plan meets the requirements of this paragraph. 
"(8) CORRECTIVE ACTION.— 
"(A) DEFINITION.—In this subsection, the term 'correc-
tive action' means any action that— 
"(i) substantially and directly responds to— 
"(I) the failure of a school to achieve accredita-
tion; and 
"(II) any underlying staffing, curriculum, or 
other programmatic problem in the school that 
contributed to the lack of accreditation; and 
"(ii) is designed to increase substantially the likeli-
hood that the school will be accredited. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2011 
"(B) WAIVER.—The Secretary shall grant a waiver 
which shall exempt a school from any or all of the require-
ments of this paragraph and paragraph (7) (though such 
school shall be required to comply with the standards con-
tained in part 36 of title 25, Code of Federal Register, 
as in effect on the date of enactment of the Native American 
Education Improvement Act of 2001) if the school— 
"(i) is identified in the report described in para-
graph (5)(C); and 
"(ii) fails to be accredited for reasons that are 
beyond the control of the school board, as determined 
by the Secretary, including, but not limited to— 
"(I) a significant decline in financial resources; 
"(II) the poor condition of facilities, vehicles, 
or other property; and 
"(III) a natural disaster. 
"(C) DUTIES OF SECRETARY.—^After providing assistance 
to a school under paragraph (3), the Secretary shall— 
"(i) annually review the progress of the school 
under the applicable school plan to determine whether 
the school is meeting, or making adequate progress 
toward achieving the goals described in paragraph 
(7)(A)(v) with respect to reaccreditation or becoming 
a candidate for accreditation; 
"(ii) except as provided in subparagraph (B), con-
tinue to provide assistance while implementing the 
school's plan, and, if determined appropriate by the 
Secretary, take corrective action with respect to the 
school if it fails to be accredited at the end of the 
third full year immediately following the date that 
the school's plan was first in effect under paragraph 
(7); 
"(iii) provide all students enrolled in a school that 
is eligible for a corrective action determination by the 
Secretary under clause (ii) with the option to transfer 
to another public or Bureau-funded school, including 
a public charter school, that is accredited; 
"(iv) promptly notify the parents of children 
enrolled in a school that is eligible for a corrective 
action determination by the Secretary under clause 
(ii) of the option to transfer their child to another 
public or Bureau-funded school; and 
"(v) provide, or pay for the provision of, transpor-
tation for each student described in clause (iii) to the 
school described in clause (iii) to which the student 
elects to be transferred to the extent funds are avail-
able, as determined by the tribal governing body. 
"(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED 
SCHOOL.—^With respect to a Bureau-operated school that 
fails to be accredited at the end of the third full year 
immediately following the date that the school's plan was 
first in effect under paragraph (7), the Secretary may take 
one or more of the following corrective actions: 
"(i) Institute and fully implement actions suggested 
by the accrediting agency. 
115 STAT. 2012 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(ii) Consult with the tribe involved to determine 
the causes for the lack of accreditation including poten-
tial staffing and administrative changes that are or 
may be necessary. 
"(iii) Set aside a certain amount of funds that 
may only be used by the school to obtain accreditation. 
"(iv)(I) Provide the tribe with a 60-day period 
during which to determine whether the tribe desires 
to operate the school as a contract or grant school 
before meeting the accreditation requirements in sec-
tion 5207(c) of the Tribally Controlled Schools Act of 
1988 at the beginning of the next school year following 
the determination to take corrective action. If the tribe 
agrees to operate the school as a contract or grant 
school, the tribe shall prepare a plan, pursuant to 
paragraph (7), for approval by the Secretary in accord-
ance with paragraph (7), to achieve accreditation. 
"(II) If the tribe declines to assume control of the 
school, the Secretary, in consultation with the tribe, 
may contract with an outside entity, consistent with 
applicable law, or appoint a receiver or trustee to 
operate and administer the affairs of the school until 
the school is accredited. The outside entity, receiver, 
or trustee shall prepare a plan, pursuant to paragraph 
(7), for approval by the Secretary in accordance with 
paragraph (7). 
"(Ill) Upon accreditation of the school, the Sec-
retary shall allow the tribe to continue to operate the 
school as a grant or contract school, or if the school 
is being controlled by an outside entity, provide the 
tribe with the option to assume operation of the school 
as a contract school, in accordance with the Indian 
Self-Determination Act, or as a grant school in accord-
ance with the Tribally Controlled Schools Act of 1988, 
at the beginning of the school year following the school 
year in which the school obtains accreditation. If the 
tribe declines, the Secretary may allow the outside 
entity, receiver, or trustee to continue the operation 
of the school or reassume control of the school. 
"(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT 
SCHOOL.— 
"(i) CORRECTIVE ACTION.—With respect to a con-
tract or grant school that fails to be accredited at 
the end of the third full year immediately following 
the date that the school's plan was first in effect imder 
paragraph (7), the Secretary may take one or more 
of the corrective actions described in subparagraph 
(D)(i) and (D)(ii). The Secretary shall implement such 
corrective action for at least 1 year prior to taking 
any action described under clause (ii). 
"(ii) OUTSIDE ENTITY.—If the corrective action 
described in clause (i) does not result in accreditation 
of the school, the Secretary, in conjunction with the 
tribal governing body, may contract with an outside 
entity to operate the school in order to achieve accredi-
tation of the school within 2 school years. Prior to 
entering into such a contract, the Secretary shall 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2013 
develop a proposal for such operation which shall 
include, at a minimum, the following elements: 
"(I) The identification of one or more outside 
entities each of which has demonstrated to the 
Secretary its ability to develop a satisfactory plan 
for achieving accreditation and its willingness and 
availability to undertake such a plan. 
"(11) A plan for implementing operation of the 
school by such an outside entity, including the 
V 
methodology for oversight and evaluation of the 
performance of the outside entity by the Secretary 
and the tribe. 
"(iii) PROPOSAL AMENDMENTS.—The tribal gov-
erning body shall have 60 days to amend the plan 
developed pursuant to clause (ii), including identifying 
another outside entity to operate the school. The Sec- Deadline, 
retary shall reach agreement with the tribal governing 
body on the proposal and any such amendments to 
the plan not later than 30 days after the expiration 
of the 60-day period described in the preceding sen-
tence. After the approval of the proposal and any 
amendments, the Secretary, with continuing consulta-
tion with such tribal governing body, shall implement 
the proposal. 
"(iv) ACCREDITATION.—Upon accreditation of the 
school, the tribe shall have the option to assume the 
operation and administration of the school as a contract 
school after complying with the Indian Self-Determina-
tion Act, or as a grant school, after complying with 
the Tribally Controlled Schools Act of 1988, at the 
beginning of the school year following the year in which 
the school obtains accreditation. 
"(v) RETROCEDE.—Nothing in this subparagraph 
shall limit a tribe's right to retrocede operation of 
a school to the Secretary pursuant to section 105(e) 
of the Indian Self-Determination Act (with respect to 
a contract school) or section 5204(f) of the Tribally 
Controlled Schools Act of 1988 (with respect to a grant 
school). 
"(vi) CONSISTENT.—The provisions of this subpara-
graph shall be construed to be consistent with the 
provisions of the Tribally Controlled Schools Act of 
1988 and the Indian Self-Determination Act as in effect 
on the day before the date of enactment of the Native 
American Education Improvement Act of 2001, and 
shall not be construed as expanding the authority of 
the Secretary under any other law. 
"(F) HEARING.—^With respect to a school that is oper-
ated pursuant to a grant, or a school that is operated 
under a contract under the Indian Self-Determination Act, 
prior to implementing any corrective action under this 
paragraph, the Secretary shall provide notice and an oppor-
tunity for a hearing to the affected school pursuant to 
section 5207 of the Tribally Controlled Schools Act of 1988. 
"(9) STATUTORY CONSTRUCTION.—Nothing in this section 
shall be construed to alter or otherwise affect the rights, rem-
edies, and procedures afforded to school employees under 
115 STAT. 2014 
PUBLIC LAW 107-110—JAN. 8, 2002 
applicable law (including applicable regulations or court orders) 
or under the terms of any collective bargaining agreement, 
memorandum of understanding, or other agreement between 
such employees and their employers. 
"(10) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS.— 
The Bureau shall, either directly or through contract with 
an Indian organization, establish a consistent system of 
reporting standards for fiscal control and fund accounting for 
all contract and grant schools. Such standards shall provide 
data comparable to those used by Bureau-operated schools. 
"(c) ANNUAL PLAN.— 
"(1) IN GENERAL.—Except as provided in subsection (b), 
the Secretary shall implement the standards in effect under 
this section on the day before the date of enactment of the 
Native American Education Improvement Act of 2001. 
"(2) PLAN.—On an annual basis, the Secretary shall submit 
to the appropriate committees of Congress, all Bureau-funded 
schools, and the tribal governing bodies of such schools a 
detailed plan to ensure that all Bureau-funded schools are 
accredited, or if such schools are in the process of obtaining 
accreditation that such schools meet the Bureau standards 
in effect on the day before the date of enactment of the Native 
American Education Improvement Act of 2001 to the extent 
that such standards do not conflict with the standards of the 
accrediting agency. Such plan shall include detailed information 
on the status of each school's educational program in relation 
to the applicable standards, specific cost estimates for meeting 
such standards at each school, and specific timelines for 
bringing each school up to the level required by such standards. 
"(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.— 
"(1) IN GENERAL.—Except as specifically required by law— 
"(A) no Bureau-funded school or dormitory operated 
on or after January 1, 1992, may be closed, consolidated, 
or transferred to another authority; and 
"(B) no program of such a school may be substantially 
curtailed except in accordance with the requirements of 
this subsection. 
"(2) EXCEPTIONS.—This subsection (other than this para-
graph) shall not apply— 
"(A) in those cases in which the tribal governing body 
for a school, or the local school board concerned (if des-
ignated by the tribal governing body to act under this 
paragraph), requests the closure, consolidation, or substan-
tial curtailment; or 
"(B) if a temporary closure, consolidation, or substan-
tial curtailment is required by facility conditions that con-
stitute an immediate hazard to health and safety. 
"(3) REGULATIONS.—The Secretary shall, by regulation, 
promulgate standards and procedures for the closure, transfer 
to another authority, consolidation, or substantial curtailment 
of Bureau schools, in accordance with the requirements of this 
subsection. 
"(4) NOTICE.— 
"(A) IN GENERAL.—In a case in which closure, transfer 
to another authority, consolidation, or substantial curtail-
ment of a school is under active consideration or review 
by any division of the Bureau or the Department of the 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2015 
Interior, the affected tribe, tribal governing body, and des-
ignated local school board will be notified immediately in 
writing, kept fully and currently informed, and afforded 
an opportunity to comment with respect to such consider-
ation or review. 
"(B) DECISION TO CLOSE.—If a formal decision is made 
to close, transfer to another authority, consolidate, or 
substantially curtail a school, the affected tribe, tribal gov-
erning body, and designated school board shall be notified 
not later than 180 days before the end of the school year 
preceding the proposed closure date. 
"(C) COPIES.—Copies of any such notices and informa-
tion shall be— 
"(i) submitted promptly to the appropriate commit-
tees of Congress; and 
"(ii) published in the Federal Register. 
"(5) REPORT.—The Secretary shall submit to the appro-
priate committees of Congress, the affected tribe, and the des-
ignated school board, a report describing the process of the 
active consideration or review referred to in paragraph (4) 
that includes— 
"(A) a study of the impact of such action on the student 
population; 
"(B) a description of those students with particular 
educational and social needs; 
"(C) recommendations to ensure that alternative serv-
ices are available to such students; and 
"(D) a description of the consultation 
conducted 
between the potential service provider, current service pro-
vider, parents, tribal representatives and the tribe or tribes 
involved, and the Director of the Office of Indian Education 
Programs within the Bureau regarding such students. 
"(6) LIMITATION ON CERTAIN ACTIONS.—No irrevocable 
action may be taken in furtherance of any such proposed school 
closure, transfer to another authority, consolidation, or substan-
tial curtailment (including any action which would prejudice 
the personnel or programs of such school) prior to the end 
of the first full academic year after such report is made. 
"(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CER-
TAIN ACTIONS.—The Secretary may, with the approval of the 
tribal governing body, terminate, contract, transfer to any other 
authority, consolidate, or substantially curtail the operation 
or facilities of— 
"(A) any Bureau-funded school that is operated on or 
after January 1, 1999; 
"(B) any program of such a school that is operated 
on or after January 1, 1999; or 
"(C) any school board of a school operated under a 
grant under the Tribally Controlled Schools Act of 1988. 
"(e) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BUREAU-
FUNDED SCHOOLS OR EXPANSION OF BUREAU-FUNDED SCHOOLS.— 
"(1) REVIEW BY SECRETARY.— 
"(A) CONSIDERATION OF FACTORS.— 
"(i) IN GENERAL.—The Secretary shall consider only 
the 
factors 
described 
in 
subparagraph 
(B) 
in 
reviewing— 
Notification. 
Deadline. 
Federal Register, 
publication. 
115 STAT. 2016 
PUBLIC LAW 107-110—JAN. 8, 2002 
Deadline. 
"(I) applications from 
any tribe for 
the 
awarding of a contract or grant for a school that 
is not a Bureau-funded school; and 
"(II) applications from any tribe or school 
board of any Bureau-funded school for— 
"(aa) a school which is not a Bureau-
funded school; or 
"(bb) the expansion of a Bureau-funded 
school which would increase the amount of 
funds received by the Indian tribe or school 
board under section 1127. 
"(ii) No DENIAL BASED ON GEOGRAPHIC PROX-
IMITY.—^With respect to applications described in this 
subparagraph, the Secretary shall give consideration 
to all factors described in subparagraph (B), but no 
such application shall be denied based primarily upon 
the geographic proximity of comparable public edu-
cation. 
"(B) FACTORS.—^With respect to applications described 
in subparagraph (A), the Secretary shall consider the fol-
lowing factors relating to the program and services that 
are the subject of the application: 
"(i) The adequacy of the facilities or the potential 
to obtain or provide adequate facilities. 
"(ii) Geographic and demographic factors in the 
affected areas. 
"(iii) The adequacy of the applicant's program 
plans or, in the case of a Bureau-funded school, of 
projected needs analysis done either by the tribe or 
the Bureau. 
"(iv) Geographic proximity of comparable public 
education. 
"(v) The stated needs of all affected parties, 
including students, families, tribal governments at both 
the central and local levels, and school organizations. 
"(vi) Adequacy and comparability of programs 
already available. 
"(vii) Consistency of available programs with tribal 
educational codes or tribal legislation on education. 
"(viii) The history and success of those services 
for the proposed population to be served, as determined 
from all factors, including standardized examination 
performance. 
"(2) DETERMINATION ON APPLICATION.— 
"(A) IN GENERAL.—Not later than 180 days after the 
date on which an application described in paragraph (1)(A) 
is submitted to the Secretary, the Secretary shall make 
a determination of whether to approve the application. 
"(B) FAILURE TO MAKE DETERMINATION.—If the Sec-
retary fails to make a determination with respect to an 
application by the date described in subparagraph (A), 
the application shall be deemed to have been approved 
by the Secretary. 
"(3) REQUIREMENTS FOR APPLICATIONS.— 
"(A) IN GENERAL.—Notwithstanding paragraph (2)(B), 
an application described in paragraph (1)(A) may be 
approved by the Secretary only if— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2017 
"(i) the application has been approved by the tribal 
governing body of the students served by (or to be 
served by) the school or program that is the subject 
of the application; and 
"(ii) written evidence of such approval is submitted 
with the application. 
"(B) 
INCLUDED 
INFORMATION.—Each 
application 
described in paragraph (1)(A) shall include information 
concerning each of the factors described in paragraph 
(1)(B). 
"(4) DENIAL OF APPLICATIONS.—If the Secretary denies an 
application described in paragraph (1)(A), the Secretary shall— 
"(A) state the objections to the application in writing Deadline, 
to the applicant not later than 180 days after the date 
the application is submitted to the Secretary; 
"(B) provide assistance to the applicant to overcome 
the stated objections; 
"(C) provide to the applicant a hearing on the record 
regarding the denial, under the same rules and regulations 
as apply under the Indian Self-Determination and Edu-
cation Assistance Act; and 
"(D) provide to the applicant a notice of the applicant's 
appeals rights and an opportunity to appeal the decision 
resulting from the hearing under subparagraph (D). 
"(5) EFFECTIVE DATE OF A SUBJECT APPLICATION.— 
"(A) IN GENERAL.—Except as otherwise provided in 
this paragraph, an action that is the subject of any applica-
tion described in paragraph (1)(A) that is approved by 
the Secretary shall become effective— 
"(i) at the beginning of the academic year following 
the fiscal year in which the application is approved; 
or 
"(ii) at an earlier date determined by the Secretary. 
"(B) APPLICATIONS DEEMED APPROVED.—If an applica-
tion is deemed to have been approved by the Secretary 
under paragraph (2)(B), the action that is the subject of 
the application shall become effective— 
"(i) on the date that is 18 months after the date 
on which the application is submitted to the Secretary; 
or 
"(ii) at an earlier date determined by the Secretary. 
"(6) STATUTORY CONSTRUCTION.—Nothing in this section 
or any other provision of law, shall be construed to preclude 
the expansion of grades and related facilities at a Bureau-
funded school, if such expansion is paid for with non-Bureau 
funds. Subject to the availability of appropriated funds the 
Secretary is authorized to provide the necessary funds needed 
to supplement the cost of operations and maintenance of such 
expansion. 
"(f) JOINT ADMINISTRATION.—^Administrative, transportation, 
and program cost funds received by Bureau-funded schools, and 
any program from the Department of Education or any other Fed-
eral agency for the purpose of providing education or related serv-
ices, and other funds received for such education and related serv-
ices from nonfederally funded programs, shall be apportioned and 
the funds shall be retained at the school. 
115 STAT. 2018 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(g) GENERAL USE OF FUNDS.—Funds received by Bureau-
funded schools from the Bureau of Indian Affairs, and under any 
program from the Department of Education or any other Federal 
agency, for the purpose of providing education or related services 
may be used for schoolwide projects to improve the educational 
program for all Indian students. 
"(h) STUDY ON ADEQUACY OF FUNDS AND FORMULAS.— 
"(1) STUDY.—The Comptroller General of the United States 
shall conduct a study to determine the adequacy of funding, 
and formulas used by the Bureau to determine funding, for 
programs operated by Bureau-funded schools, taking into 
account unique circumstances applicable to Bureau-funded 
schools. The study shall analyze existing information gathered 
and contained in germane studies that have been conducted 
or are currently being conducted with regard to Bureau-funded 
schools. 
"(2) ACTION.—Upon completion of the study, the Secretary 
of the Interior shall take such action as necessary to ensure 
distribution of the findings of the study to all affected Indian 
tribes, local school boards, and associations of local school 
boards. 
25 use 2002. 
"SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS. 
"(a) REVISION OF STANDARDS.— 
"(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of Education, Indian organizations and tribes, and 
Bureau-funded schools, shall revise the national standards for 
home-living (dormitory) situations to include such factors as 
heating, lighting, cooling, adult-child ratios, needs for coun-
selors (including special needs related to off-reservation home-
living (dormitory) situations), therapeutic programs, space, and 
privacy. 
"(2) IMPLEMENTATION.—Such standards shall be imple-
mented in Bureau-operated schools, and shall serve as min-
imum standards for contract or grant schools. 
"(3) REVISION AFTER ESTABLISHMENT.—Once established, 
any revisions of such standards shall be developed according 
to the requirements established under section 1137. 
"(b) IMPLEMENTATION.—The Secretary shall implement the 
revised standards established under this section immediately upon 
completion of the standards. 
"(c) PLAN.— 
Federal Register, 
"(1) IN GENERAL.—The Secretary shall submit to the appro-
publication, 
priate committees of Congress, the tribes, and the affected 
schools, and publish in the Federal Register, a detailed plan 
to bring all Bureau-funded schools that provide home-living 
(dormitory) situations up to the standards established under 
this section. 
"(2) COMPONENTS OF PLAN.—^The plan described in para-
graph (1) shall include— 
"(A) a statement of the relative needs of each Bureau-
funded home-living (dormitory) school; 
"(B) projected future needs of each Bureau-funded 
home-living (dormitory) school; 
"(C) detailed information on the status of each school 
in relation to the standards established under this section; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2019 
"(D) specific cost estimates for meeting each standard 
for each such school; 
"(E) aggregate cost estimates for bringing all such 
schools into compliance with the criteria established under 
this section; and 
"(F) specific timelines for bringing each school into 
compliance with such standards. 
"(d) WAIVER.— 
"(1) IN GENERAL.—^A tribal governing body or local school 
board may, in accordance with this subsection, waive the stand-
ards established under this section for a school described in 
subsection (a). 
"(2) INAPPROPRIATE STANDARDS.— 
"(A) IN GENERAL.—^A tribal governing body, or the local 
school board so designated by the tribal governing body, 
may waive, in whole or in part, the standards established 
:.. 
-
under this section if such standards are determined by 
such body or board to be inappropriate for the needs of 
students from that tribe. 
"(B) ALTERNATIVE STANDARDS.—The tribal governing Deadline, 
body or school board involved shall, not later than 60 
days after providing a waiver under subparagraph (A) for 
a school, submit to the Director a proposal for alternative 
standards that take into account the specific needs of the 
tribe's children. Such alternative standards shall be estab-
lished by the Director for the school involved unless specifi-
cally rejected by the Director for good cause and in writing 
provided to the affected tribes or local school board. 
"(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED.— 
No school in operation on or before July 1, 1999 (regardless of 
compliance or noncompliance with the standards established under 
this section), may be closed, transferred to another authority, or 
consolidated, and no program of such a school may be substantially 
curtailed, because the school failed to meet such standards. 
"SEC. 1123. CODIFICATION OF REGULATIONS. 
25 USC 2003. 
"(a) PART 32 OF TITLE 25, CODE OF FEDERAL REGULATIONS.— 
The provisions of part 32 of title 25, Code of Federal Regulations, 
as in effect on January 1, 1987, are incorporated into this Act 
and shall be treated as though such provisions are set forth in 
this subsection. Such provisions may be altered only by means 
of an Act of Congress. To the extent that such provisions of part 
32 do not conform with this Act or any statutory provision of 
law enacted before November 1, 1978, the provisions of this Act 
and the provisions of such other statutory law shall govern. 
"(b) DEFINITION OF REGULATION.—In this section, the term 
'regulation' means any rule, regulation, guideline, interpretation, 
order, or requirement of general applicability prescribed by any 
officer or employee of the executive branch. 
"SEC. 1124. SCHOOL BOUNDARIES. 
25 USC 2004. 
"(a) ESTABLISHMENT BY SECRETARY.—^The Secretary shall estab- Regulations. 
lish, by regulation, separate geographical attendance areas for each 
Bureau-funded school. 
"(b) ESTABLISHMENT BY TRIBAL BODY.—In any case where there 
is more than one Bureau-funded school located on an Indian res-
ervation, at the direction of the tribal governing body, the relevant 
school boards of the Bureau-funded schools on the reservation may. 
115 STAT. 2020 
PUBLIC LAW 107-110-^AN. 8, 2002 
by mutual consent, establish the relevant attendance areas for 
such schools, subject to the approval of the tribal governing body. 
Any such boundaries so established shall be accepted by the Sec-
retary. 
"(c) BOUNDARY REVISIONS.— 
"(1) NOTICE.—On or after July 1, 2001, no geographical 
attendance area shall be revised or established with respect 
to any Bureau-funded school unless the tribal governing body 
or the local school board concerned (if so designated by the 
tribal governing body) has been afforded— 
"(A) at least 6 months notice of the intention of the 
Bureau to revise or establish such attendance area; and 
"(B) the opportunity to propose alternative boundaries. 
"(2) REVISION PROCESS.—^Any tribe may petition the Sec-
retary for revision of existing attendance area boundaries. The 
Secretary shall accept such proposed alternative or revised 
boundaries unless the Secretary finds, after consultation with 
the affected tribe or tribes, that such revised boundaries do 
not reflect the needs of the Indian students to be served or 
do not provide adequate stability to all of the affected programs. 
Federal Register, 
The Secretary shall cause such revisions to be published in 
publication. 
the Federal Register. 
"(3) TRIBAL RESOLUTION DETERMINATION.—Nothing in this 
section shall deny a tribal governing body the authority, on 
a continuing basis, to adopt a tribal resolution allowing parents 
the choice of the Bureau-funded school their children may 
attend, regardless of the attendance boundaries established 
under this section. 
"(d) FUNDING RESTRICTIONS.— 
"(1) IN GENERAL.—The Secretary shall not deny funding 
to a Bureau-funded school for any eligible Indian student 
attending the school solely because that student's home or 
domicile is outside of the geographical attendance area estab-
lished for that school under this section. 
"(2) TRANSPORTATION.—No funding shall be made available 
without tribal authorization to enable a school to provide 
transportation for any student to or from the school and a 
location outside the approved attendance area of the school. 
"(e) RESERVATION AS BOUNDARY.—^When there is only one 
Bureau-funded program located on an Indian reservation— 
"(1) the attendance area for the program shall be the bound-
aries (established by treaty, agreement, legislation, court 
decisions, or executive decisions and as accepted by the tribe) 
of the reservation served; and 
"(2) those students residing near the reservation shall also 
receive services from such program. 
"(D OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS.— 
"(1) IN GENERAL.—Notwithstanding 
any 
geographical 
attendance areas, attendance at off-reservation home-living 
(dormitory) schools shall include students requiring special 
emphasis programs to be implemented at each off-reservation 
home-living (dormitory) school. 
"(2) COORDINATION.—Such attendance shall be coordinated 
between education line officers, the family, and the referring 
and receiving programs. 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2021 
"SEC. 1125. FACILITIES CONSTRUCTION. 
25 USC 2005. 
"(a) NATIONAL SURVEY OF FACILITIES CONDITIONS.— 
"(1) IN GENERAL.—Not later than 12 months after the date Deadline, 
of enactment of the Native American Education Improvement 
Act of 2001, the General Accounting Office shall compile, collect, 
and secure the data that are needed to prepare a national 
survey of the physical conditions of all Bureau-funded school 
facilities. 
"(2) DATA AND METHODOLOGIES.—In preparing the national 
survey required under paragraph (1), the General Accounting 
Office shall use the following data and methodologies: 
"(A) The existing Department of Defense formula for 
determining the condition and adequacy of Department 
of Defense facilities. 
"(B) Data related to conditions of Bureau-funded 
schools that has previously been compiled, collected, or 
secured from whatever source derived so long as the data 
are accurate, relevant, timely, and necessary to the survey. 
"(C) The methodologies of the American Institute of 
Architects, or other accredited and reputable architecture 
or engineering associations. 
"(3) CONSULTATIONS.— 
"(A) IN GENERAL.—In carrying out the survey required 
under paragraph (1), the General Accounting Office shall, 
to the maximum extent practicable, consult (and if nec-
essary contract) with national, regional, and tribal Indian 
education organizations to ensure that a complete and 
accurate national survey is achieved. 
"(B) REQUESTS FOR INFORMATION.—^All Bureau-funded 
schools shall comply with reasonable requests for informa-
tion by the General Accounting Office and shall respond 
to such requests in a timely fashion. 
"(4) SUBMISSION.—Not later than 2 years after the date Deadline, 
of enactment of the Native American Education Improvement 
Act of 2001, the General Accounting Office shall submit the 
results of the national survey conducted under paragraph (1) 
to the Committee on Indian Affairs, the Committee on Health, 
Education, Labor, and Pensions, and the Committee on Appro-
priations of the Senate and the Committee on Resources, the 
Committee on Education and the Workforce, and the Committee 
on Appropriations of the House of Representatives and to the 
Secretary. The Secretary shall submit the results of the national 
survey to school boards of Bureau-funded schools and their 
respective tribes. 
"(5) NEGOTL^TED RULEMAKING COMMITTEE.— 
"(A) IN GENERAL.—Not later than 6 months after the Deadline, 
date on which the submission is made under paragraph 
(4), the Secretary shall establish a negotiated rulemaking 
committee pursuant to section 1138(bX3). The negotiated 
rulemaking committee shall prepare and submit to the 
Secretary the following: 
"(i) A catalog of the condition of school facilities 
at all Bureau-funded schools that— 
"(I) incorporates the findings from the General 
Accounting Office study evaluating and comparing 
school systems of the Department of Defense and 
the Bureau of Indian Affairs; 
115 STAT. 2022 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(11) rates such facilities with respect to the 
rate of deterioration and useful life of structures 
and major systems; 
"(III) 
establishes 
a 
routine 
maintenance 
schedule for each facility; 
"(IV) identifies the complementary educational 
facilities that do not exist but that are needed; 
and 
"(V) makes projections on the amount of funds 
needed to keep each school viable, consistent with 
the accreditation standards required pursuant to 
this Act. 
"(ii) A school replacement and new construction 
report that determines replacement and new construc-
tion need, and a formula for the equitable distribution 
of funds to address such need, for Bureau-funded 
schools. Such formula shall utilize necessary factors 
in determining an equitable distribution of funds, 
including— 
"(I) the size of school; 
"(II) school enrollment; 
"(III) the age of the school; 
"(IV) the condition of the school; 
"(V) environmental factors at the school; and 
"(VI) school isolation. 
"(iii) A renovation repairs report that determines 
renovation need (major and minor), £ind a formula 
for the equitable distribution of funds to address such 
need, for Bureau-funded schools. Such report shall 
identify needed repairs or renovations with respect 
to a facility, or a part of a facility, or the grounds 
of the facility, to remedy a need based on disabilities 
access or health and safety changes to a facility. The 
formula developed shall utilize necessary factors in 
determining 
an 
equitable 
distribution 
of 
funds, 
including the factors described in clause (ii). 
DeadUne. 
"(B) SUBMISSION OF REPORTS.—Not later than 24 
months after the negotiated rulemaking committee is estab-
lished under subparagraph (A), the reports described in 
clauses (ii) and (iii) of subparagraph (A) shall be submitted 
to the committees of Congress referred to in paragraph 
(4), the national and regional Indian education organiza-
tions, and to all school boards of Bureau-fiinded schools 
and their respective tribes. 
"(6) 
FACILITIES INFORMATION SYSTEMS SUPPORT DATA-
BASE.—The Secretary shall develop a Facilities Information 
Systems Support Database to maintain and update the informa-
tion contained in the reports under clauses (ii) and (iii) of 
paragraph (5)(A) and the information contained in the survey 
conducted under paragraph (1). The system shall be updated 
every 3 years by the Bureau of Indian Affairs and monitored 
by General Accounting Office, and shall be made available 
to school boards of Bureau-funded schools and their respective 
tribes, and Congress. 
"(b) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS.— 
"(1) IN GENERAL.—^The Secretary shall immediately begin 
to bring all schools, dormitories, and other Indian education-
••^•S^PK* 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2023 
related facilities operated by the Bureau or under contract 
or grant with the Bureau, into compliance with— 
"(A) all applicable tribal, Federal, or State health and 
safety steindards, whichever provides greater protection 
(except that the tribal standards to be applied shall be 
no greater than any otherwise applicable Federal or State 
sts.nos.i'QS 
V 
"(B) section 504 of the Rehabilitation Act of 1973; 
and 
"(C) the Americans with Disabilities Act of 1990. 
"(2) No TERMINATION REQUIRED.—Nothing in this sub-
section requires termination of the operations of any facility 
that— 
"(A) does not comply with the provisions and standards 
described in paragraph (1); and 
"(B) is in use on the date of enactment of the Native 
American Education Improvement Act of 2001. 
"(c) COMPLIANCE PLAN.—^At the time that the annual budget 
request for Bureau educational services is presented, the Secretary 
shall submit to the appropriate committees of Congress a detailed 
plan to bring all facilities covered under subsection (a) into compli-
ance with the standards referred to in that subsection that 
includes— 
"(1) detailed information on the status of each facility's 
compliance with such standards; 
"(2) specific cost estimates for meeting such standards at 
each school; and 
"(3) specific timelines for bringing each school into compli-
ance with such standards. 
"(d) CONSTRUCTION PRIORITIES.— 
"(1) SYSTEM TO ESTABLISH PRIORITIES.—On an annual basis, 
the Secretary shall submit to the appropriate committees of 
Congress and cause to be published in the Federal Register, 
the system used to establish priorities for replacement and 
construction projects for Bureau-funded schools and home-living 
schools, including boarding schools and dormitories. At the 
time any budget request for education is presented, the Sec-
retary shall publish in the Federal Register and submit with 
the budget request the current list of all Bureau-funded school 
construction priorities. 
"(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST.— 
In addition to the plan submitted under subsection (c), the 
Secretary shall— 
"(A) not later than 18 months after the date of enact-
ment of the Native American Education Improvement Act 
of 2001, establish a long-term construction and replacement 
list for all Bureau-funded schools; 
"(B) using the list prepared under subparagraph (A), 
propose a list for the orderly replacement of all Bureau-
funded education-related facilities over a period of 40 years 
to enable planning and scheduling of budget requests; 
"(C) cause the list prepared under subparagraph (B) 
to be published in the Federal Register and allow a period 
of not less than 120 days for public comment; 
"(D) make such revisions to the list prepared under 
subparagraph (B) as are appropriate based on the com-
ments received; and 
Federal Register, 
publication. 
Federal Register, 
publication. 
Federal Register, 
publication. 
115 STAT. 2024 
PUBLIC LAW 107-110-JAN. 8, 2002 
Federal Register, 
"(E) cause the final list to be published in the Federal 
pubUcation. 
Register. 
"(3) EFFECT ON OTHER LIST.—Nothing in this section shall 
interfere with or change in any way the construction priority 
list as it existed on the day before the date of enactment 
of the Native American Education Improvement Act of 2001. 
"(e) HAZARDOUS CONDITION AT BUREAU-FUNDED SCHOOL.— 
"(1) CLOSURE, CONSOLIDATION, OR CURTAILMENT.— 
"(A) IN GENERAL.—^A Bureau-funded school may be 
closed or consolidated, or the programs of a Bureau-funded 
school may be substantially curtailed, by reason of facility 
conditions that constitute an immediate hazard to health 
and safety only if a health and safety officer of the Bureau 
and an individual designated at the beginning of the school 
year by the tribe involved under subparagraph (B) deter-
mine that such conditions exist at a facility of the Bureau-
funded school. 
"(B) DESIGNATION OF INDIVIDUAL BY TRIBE.—^To be des-
ignated by a tribe for purposes of subparagraph (A), an 
individual shall— 
"(i) be a licensed or certified facilities safety 
inspector; 
"(ii) have demonstrated experience in the inspec-
tion of facilities for health and safety purposes with 
respect to occupancy; or 
"(iii) have a significant educational background in 
the health and safety of facilities with respect to occu-
pancy. 
"(C) 
INSPECTION.—^After 
making 
a 
determination 
described in subparagraph (A), the Bureau health and 
safety officer and the individual designated by the tribe 
shall conduct an inspection of the conditions of such facility 
in order to determine whether conditions at such facility 
Deadline. 
constitute an immediate hazard to health and safety. Such 
inspection shall be completed as expeditiously as prac-
ticable, but not later than 20 days after the date on which 
the action described in subparagraph (A) is taken. 
"(D) FAILURE TO CONCUR.—If the Bureau health and 
safety officer, and the individual designated by the tribe, 
conducting the inspection of a facility required under 
subparagraph (C) do not concur that conditions at the 
facility constitute an immediate hazard to health and 
safety, such of^cer and individual shall immediately notify 
the tribal governing body and provide written information 
related to their determinations. 
"(E) CONSIDERATION BY TRIBAL GOVERNING BODY.—Not 
later than 10 days after a tribal governing body receives 
notice under subparagraph (D), the tribal governing body 
shall consider all information relating to the determinations 
of the Bureau health and safety officer and the individual 
designated by the tribe and make a 
determination 
regarding 
the closure, 
consolidation, 
or 
curtailment 
involved. 
"(F) 
AGREEMENT TO CLOSE, CONSOLIDATE, OR CUR-
TAIL.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2025 
"(i) IN GENERAL.—If the Bureau health and safety 
officer and the individual designated by the tribe con-
ducting the inspection of a facility required under 
subparagraph (C), concur that conditions at the facility 
constitute an immediate hazard to health and safety, 
or if the tribal governing body makes such a determina-
tion under subparagraph (E), the facility involved shall 
be closed immediately. 
"(ii) REOPENING OF FACILITY IF NO IMMEDL\TE 
HAZARD FOUND TO EXIST.—If the Bureau health and 
safety officer or the individual designated by the tribe 
conducting the inspection of a facility required under 
subparagraph (C) determines that conditions at the 
facility do not constitute an immediate hazard to health 
and safety, any consolidation or curtailment that was 
made under this paragraph shall immediately cease 
and any school closed by reason of conditions at the 
facility shall be reopened immediately. 
"(G) GENERAL CLOSURE REPORT.—If a Bureau-funded 
Deadline, 
school is temporarily closed or consolidated or the programs 
of a Bureau-funded school are temporarily substantially 
curtailed under this subsection and the Secretary deter-
mines that the closure, consolidation, or curtailment will 
exceed 1 year, the Secretary shall submit to the appropriate 
committees of Congress, the affected tribe, and the local 
school board, not later than 90 days after the date on 
which the closure, consolidation, or curtailment was initi-
ated, a report that specifies— 
"(i) the reasons for such temporary action; 
"(ii) the actions the Secretary is taking to eliminate 
the conditions that constitute the hazard; 
"(iii) an estimated date by which the actions 
described in clause (ii) will be concluded; and 
"(iv) a plan for providing alternate education serv-
ices for students enrolled at the school that is to be 
closed. 
"(2) NONAPPLICATION OF CERTAIN STANDARDS FOR TEM-
PORARY FACILITY USE.— 
"(A) 
CLASSROOM ACTIVITIES.—The Secretary 
shall 
permit the local school board to temporarily utilize facilities 
adjacent to the school, or satellite facilities, if such facilities 
are suitable for conducting classroom activities. In permit-
ting the use of facilities under the preceding sentence, 
the Secretary may waive applicable minor standards under 
section 1121 relating to such facilities (such as the required 
number of exit lights or configuration of restrooms) so 
long as such waivers do not result in the creation of an 
environment that constitutes an immediate and substantial 
threat to the health, safety, and life of students and staff. 
"(B) ADMINISTRATIVE ACTIVITIES.—The provisions of 
subparagraph (A) shall apply with respect to administrative 
personnel if the facilities involved are suitable for activities 
performed by such personnel. 
"(C) TEMPORARY.—In this paragraph, the term 'tem-
porary' means— 
"(i) with respect to a school that is to be closed 
for not more than 1 year, 3 months or less; and 
115 STAT. 2026 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) with respect to a school that is to be closed 
for not less than 1 year, a time period determined 
appropriate by the Bureau. 
"(3) TREATMENT OF CLOSURE.—^Any closure of a Bureau-
funded school under this subsection for a period that exceeds 
30 days but is less than 1 year, shall be treated by the Bureau 
as an emergency facility improvement and repair project. 
"(4) USE OF FUNDS.—^With respect to a Bureau-funded 
school that is closed under this subsection, the tribal governing 
body, or the designated local school board of each Bureau-
funded school, involved may authorize the use of funds allocated 
pursuant to section 1127, to abate the hazardous conditions 
without further action by Congress. 
"(f) FUNDING REQUIREMENT.— 
"(1) DISTRIBUTION OF FUNDS.—Beginning with the first 
fiscal year following the date of enactment of the Native Amer-
ican Education Improvement Act of 2001, all funds appropriated 
to the budget accounts for the operations and maintenance 
of Bureau-funded schools shall be distributed by formula to 
the schools. No funds from these accounts may be retained 
or segregated by the Bureau to pay for administrative or other 
costs of any facilities branch or office, at any level of the 
Bureau. 
"(2) REQUIREMENTS FOR CERTAIN USES.—No funds shall 
be withheld from the distribution to the budget of any school 
operated under contract or grant by the Bureau for maintenance 
or any other facilities or road-related purpose, unless such 
school has consented, as a modification to the contract or in 
writing for grants schools, to the withholding of such funds, 
including the amount thereof, the purpose for which the funds 
will be used, and the timeline for the services to be provided. 
The school may, at the end of any fiscal year, cancel an agree-
ment under this paragraph upon giving the Bureau 30 days 
notice of its intent to do so. 
"(g) No REDUCTION IN FEDERAL FUNDING.—Nothing in this 
section shall diminish any Federal funding due to the receipt by 
the school of funding for facilities improvement or construction 
from a State or any other source. 
25 use 2006. 
"SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS. 
"(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCE-
DURE; SUPERVISION OF PROGRAMS AND EXPENDITURES.—The Sec-
retary shall vest in the Assistant Secretary for Indian Affairs all 
functions with respect to formulation and establishment of policy 
and procedure and supervision of programs and expenditures of 
Federal funds for the purpose of Indian education administered 
by the Bureau. The Assistant Secretary shall carry out such func-
tions through the Director of the Office of Indian Education Pro-
grams. 
"(b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS.— 
Deadline. 
"(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Native American Education Improvement 
Act of 2001, the Director of the Office shall direct and supervise 
the operations of all personnel directly and substantially 
involved in the provision of education program services by 
the Bureau, including school or institution custodial or mainte-
nance personnel, and personnel responsible for contracting, 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2027 
procurement, and finance functions connected with school oper-
ation programs. 
"(2) TRANSFERS.—The Assistant Secretary for Indian Deadline. 
Affairs shall, not later than 180 days after the date of enact-
ment of the Native American Education Improvement Act of 
2001, coordinate the transfer of functions relating to procure-
ments for, contracts of, operation of, and maintenance of schools 
and other support functions to the Director. 
"(c) INHERENT FEDERAL FUNCTION.—For purposes of this Act, 
all functions relating to education that are located at the Area 
or Agency level and performed by an education line officer shall 
be subject to contract under the Indian Self-Determination and 
Education Assistance Act, unless determined by the Secretary to 
be inherently Federal functions as defined in section 1141(12). 
"(d) EVALUATION OF PROGRAMS; SERVICES AND SUPPORT FUNC-
TIONS; TECHNICAL AND COORDINATING ASSISTANCE.—Education per-
sonnel who are under the direction and supervision of the Director 
of the Office of Indian Education Programs in accordance with 
subsection (b)(1) shall— 
"(1) monitor and evaluate Bureau education programs; 
"(2) provide all services and support functions for education 
programs with respect to personnel matters involving staffing 
actions and functions; and 
"(3) provide technical and coordinating assistance in areas 
such as procurement, contracting, budgeting, personnel, cur-
riculum, and operation and maintenance of school facilities. 
"(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND MAINTE-
NANCE OF FACILITIES.— 
"(1) PLAN FOR CONSTRUCTION.—^The Assistant Secretary 
shall submit as part of the annual budget a plan— 
"(A) for school facilities to be constructed under section 
1125(c); 
"(B) for establishing priorities among projects and for 
the improvement and repair of educational facilities, which 
together shall form the basis for the distribution of appro-
priated funds; and 
"(C) for capital improvements to be made over the 
5 succeeding years. 
"(2) PROGRAM FOR OPERATION AND MAINTENANCE.— 
"(A) ESTABLISHMENT.—^The Assistant Secretary shall 
establish a program, including the distribution of appro-
priated funds, for the operation and maintenance of edu-
cation facilities. Such program shall include— 
"(i) a method of computing the amount necessary 
for each educational facility; 
"(ii) similar 
treatment of all Bureau-funded 
schools; 
"(iii) a notice of an allocation of appropriated funds 
from the Director of the Office of Indian Education 
Programs directly to the education line officers and 
appropriate school officials; 
"(iv) a method for determining the need for, and 
priority of, facilities repair and maintenance projects, 
both major and minor (to be determined, through the 
conduct by the Assistant Secretary, of a series of 
meetings at the agency and area level with representa-
tives of the Bureau-funded schools in those areas and 
115 STAT. 2028 
PUBLIC LAW 107-110—JAN. 8, 2002 
agencies to receive 
comment on the lists and 
prioritization of such projects); and 
"(v) a system for the conduct of routine preventive 
maintenance. 
"(B) LOCAL SUPERVISORS.—^The appropriate education 
Une officers shall make arrangements for the maintenance 
of education facilities with the local supervisors of the 
Bureau maintenance personnel. The local supervisors of 
Bureau maintenance personnel shall take appropriate 
action to implement the decisions made by the appropriate 
education line officers, except that no funds under this 
chapter may be authorized for expenditure unless such 
appropriate education line officer is assured that the nec-
essary maintenance has been, or will be, provided in a 
reasonable manner. 
"(3) IMPLEMENTATION.—This subsection shall be imple-
mented as soon as practicable after the date of enactment 
of the Native American Education Improvement Act of 2001. 
"(f) ACCEPTANCE OF GIFTS AND BEQUESTS.— 
"(1) GUIDELINES.—Notwithstanding any other provision of 
law, the Director of the Office shall promulgate guidelines 
for the establishment and administration of mechanisms for 
the acceptance of gifts and bequests for the use and benefit 
of particular schools or designated Bureau-operated education 
programs, including, in appropriate cases, the establishment 
and administration of trust funds. 
"(2) MONITORING AND REPORTS.—^Except as provided in 
paragraph (3), in a case in which a Bureau-operated education 
program is the beneficiary of such a gift or bequest, the Director 
shall— 
"(A) make provisions for monitoring use of the gift 
or bequest; and 
"(B) submit a report to the appropriate committees 
of Congress that describes the amount and terms of such 
gift or bequest, the manner in which such gift or bequest 
shall be used, and any results achieved by such use. 
"(3) EXCEPTION.—The requirements of paragraph (2) shall 
not apply in the case of a gift or bequest that is valued at 
$5,000 or less. 
"(g) DEFINITION OF FUNCTIONS.—For the purpose of this section, 
the term 'functions' includes powers and duties. 
25 use 2007. 
"SEC. 1127. ALLOTMENT FORMULA, 
"(a) FACTORS CONSIDERED; REVISION TO REFLECT STANDARDS.— 
Regulations. 
"(1) FORMULA.—The Secretary shall establish, by regulation 
adopted in accordance with section 1137, a formula for deter-
mining the minimum annual amount of funds necessary to 
sustain each Bureau-funded school. In establishing such for-
mula, the Secretary shall consider— 
"(A) the number of eligible Indian students served 
and total student population of the school; 
"(B) special cost factors, such as— 
"(i) the isolation of the school; 
"(ii) the need for special staffing, transportation, 
or educational programs; 
"(iii) food and housing costs; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2029 
"(iv) maintenance and repair costs associated with 
the physical condition of the educational facilities; 
"(v) special transportation and other costs of iso-
lated and small schools; 
"(vi) the costs of home-living (dormitory) arrange-
ments, where determined necessary by a tribal gov-
erning body or designated school board; 
"(vii) costs associated with greater lengths of 
service by education personnel; 
"(viii) the costs of therapeutic programs for stu-
dents requiring such programs; and 
"(ix) special costs for gifted and talented students; 
"(C) the cost of providing academic services which are 
at least equivalent to those provided by public schools 
in the State in which the school is located; 
"(D) whether the available funding will enable the 
school involved to comply with the accreditation standards 
applicable to the school under section 1121; and 
"(E) such other relevant factors as the Secretary deter-
mines are appropriate. 
"(2) REVISION OF FORMULA.— 
"(A) IN GENERAL.—^Upon the establishment of the 
standards required in section 1122, the Secretary shall 
revise the formula established under this subsection to 
reflect the cost of funding such standards. 
"(B) REVIEW OF FORMULA.—^Not later than January Deadline. 
1, 2003, the Secretary shall review the formula established 
under this section and shall take such steps as are nec-
essary to increase the availability of counseling and thera-
peutic programs for students in off-reservation home-living 
(dormitory) schools and other Bureau-operated residential 
facilities. 
"(C) REVIEW OF STANDARDS.—Concurrent with such 
action, the Secretary shall review the standards established 
under section 1122 to be certain that adequate provision 
is made for parental notification regarding, and consent 
for, such counseling and therapeutic programs. 
"(b) PRO RATA ALLOTMENT.—Notwithstanding any other provi-
sion of law, Federal funds appropriated for the general local oper-
ation of Bureau-funded schools shall be allotted pro rata in accord-
ance with the formula established under subsection (a). 
"(c) ANNUAL 
ADJUSTMENT; 
RESERVATION OF AMOUNT FOR 
SCHOOL BOARD ACTIVITIES.— 
"(1) ANNUAL ADJUSTMENT.—For fiscal year 2003, and for 
each subsequent fiscal year, the Secretary shall adjust the 
formula established under subsection (a) to ensure that the 
formula does the following: 
"(A) Uses a weighted unit of 1.2 for each eligible Indian 
student enrolled in the seventh and eighth grades of the 
school in considering the number of eligible Indian students 
served by the school. 
"(B) Considers a school with an enrollment of less 
than 50 eligible Indian students as having an average 
daily attendance of 50 eligible Indian students for purposes 
of implementing the adjustment factor for small schools. 
"(C) Takes into account the provision of residential 
services on less than a 9-month basis at a school when 
115 STAT. 2030 
PUBLIC LAW 107-110—JAN. 8, 2002 
the school board and supervisor of the school determine 
that a less than 9-month basis will be implemented for 
the school year involved. 
"(D) Uses a weighted unit of 2.0 for each eligible Indian 
student that— 
"(i) is gifted and talented; and 
"(ii) is enrolled in the school on a full-time basis, 
in considering the number of eligible Indian students 
served by the school. 
"(E) Uses a weighted unit of 0.25 for each eligible 
Indian student who is enrolled in a year-long credit course 
in an Indian or Native language as part of the regular 
curriculum of a school, in considering the number of eligible 
Indian students served by such school. The adjustment 
required under this subparagraph shall be used for such 
school after— 
"(i) the certification of the Indian or Native lan-
guage curriculum by the school board of such school 
to the Secretary, together with an estimate of the 
number of full-time students expected to be enrolled 
in the curriculum in the second school year for which 
the certification is made; and 
(ii) the funds appropriated for allotment under 
this section are designated by the appropriations Act 
appropriating such funds as the amount necessary to 
implement such adjustment at such school without 
reducing allotments made under this section to any 
school by virtue of such adjustment. 
"(2) RESERVATION OF AMOUNT.— 
"(A) IN GENERAL.—From the funds allotted in accord-
ance with the formula established under subsection (a) 
for each Bureau school, the local school board of such 
school may reserve an amount which does not exceed the 
greater of— 
"(i) $8,000; or 
"(ii) the lesser of— 
"(I) $15,000; or 
"(II) 1 percent of such allotted funds, 
for school board activities for such school, including (not-
withstanding any other provision of law) meeting expenses 
and the cost of membership in, and support of, organiza-
tions engaged in activities on behalf of Indian education. 
"(B) TRAINING.— 
"(i) IN GENERAL.—Each local school board, and any 
agency school board that serves as a local school board 
for any grant or contract school, shall ensure that 
each individual who is a new member of the school 
board receives, within 1 year after the individual 
becomes a member of the school board, 40 hours of 
training relevant to that individual's service on the 
board. 
"(ii) 
TYPES 
OF TRAINING.—Such training 
may 
include training concerning legal issues pertaining to 
Bureau-funded 
schools, legal issues pertaining to 
school boards, ethics, and other topics determined to 
be appropriate by the school board. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2031 
"(iii) RECOMMENDATION.—The training described 
in this subparagraph shall not be required, but is 
recommended, for a tribal governing body that serves 
in the capacity of a school board. 
"(d) RESERVATION OF AMOUNT FOR EMERGENCIES.— 
"(1) IN GENERAL.—The Secretary shall reserve from the 
funds available for distribution for each fiscal year under this 
section an amount that, in the aggregate, equals 1 percent 
of the funds available for such purpose for that fiscal year, 
to be used, at the discretion of the Director of the Office 
of Indian Education Programs, to meet emergencies and unfore-
seen contingencies affecting the education programs funded 
under this section. 
"(2) USE OF FUNDS.—Funds reserved under this subsection 
may be expended only for education services or programs, 
including emergency repairs of educational facilities, at a 
schoolsite (as defined by section 5204(c)(2) of the Tribally Con-
trolled Schools Act of 1988). 
"(3) AVAILABILITY OF FUNDS.—Funds reserved under this 
subsection shall remain available without fiscal year limitation 
until expended. However, the aggregate amount available from 
all fiscal years may not exceed 1 percent of the current year 
funds. 
"(4) REPORT.—^When the Secretary makes funds available 
under this subsection, the Secretary shall report such action 
to the appropriate committees of Congress within the annual 
budget submission. 
"(e) SUPPLEMENTAL APPROPRIATIONS.—Supplemental appropria-
tions enacted to meet increased pay costs attributable to school 
level personnel shall be distributed under this section. 
"(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this section, the 
term 'eligible Indian student' means a student who— 
"(1) is a member of, or is at least one-fourth degree Indian 
blood descendant of a member of, a tribe that is eligible for 
the special programs and services provided by the United States 
through the Bureau to Indians because of their status as 
Indians; 
"(2) resides on or near a reservation or meets the criteria 
for attendance at a Bureau off-reservation home-living school; 
and 
"(3) is enrolled in a Bureau-funded school. 
"(g) TUITION.— 
"(1) IN GENERAL.—No eligible Indian student or a student 
attending a Bureau school under paragraph (2)(C) may be 
charged tuition for attendance at a Bureau school or contract 
or grant school. 
"(2) ATTENDANCE OF NON-iNDD^sr STUDENTS AT BUREAU 
SCHOOLS.—The Secretary may permit the attendance at a 
Bureau school of a student who is not an eligible Indian student 
if— 
"(A) the Secretary determines that the student's 
attendance will not adversely affect the school's program 
for eligible Indian students because of cost, overcrowding, 
or violation of standards or accreditation; 
"(B) the school board consents; 
115 STAT. 2032 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(C) the student is a dependent of a Bureau, Indian 
Health Service, or tribal government employee who lives 
on or near the school site; or 
"(D) tuition is paid for the student that is not more 
than the tuition charged by the nearest public school dis-
trict for out-of-district students and shall be in addition 
to the school's allocation under this section. 
"(3) ATTENDANCE OF NON-INDIAN STUDENTS AT CONTRACT 
AND GRANT SCHOOLS.—The school board of a contract or grant 
school may permit students who are not eligible Indian students 
under this subsection to attend its contract school or grant 
school. Any tuition collected for those students shall be in 
addition to funding received under this section. 
"(h) 
FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMITATION.— 
Notwithstanding any other provision of law, at the election of 
the school board of a Bureau school made at any time during 
the fiscal year, a portion equal to not more than 15 percent of 
the funds allocated with respect to a school under this section 
for any fiscal year shall remain available to the school for expendi-
ture without fiscal year limitation. The Assistant Secretary shall 
take such steps as are necessary to implement this subsection. 
"(i) STUDENTS AT RICHFIELD DORMITORY, RICHFIELD, UTAH.— 
"(1) IN GENERAL.—Tuition for the instruction of each out-
of-State Indian student in a home-living situation at the Rich-
field dormitory in Richfield, Utah, who attends Sevier County 
high schools in Richfield, Utah, for an academic year, shall 
be paid from Indian school equalization program funds author-
ized in this section and section 1129, at a rate not to exceed 
the weighted amount provided for under subsection (b) for 
a student for that year. 
"(2) No 
ADMINISTRATIVE 
COST 
FUNDS.—No 
additional 
administrative cost funds shall be provided under this part 
to pay for administrative costs relating to the instruction of 
the students. 
25 use 2008. 
"SEC. 1128. ADMINISTRATIVE COST GRANTS. 
"(a) DEFINITIONS.—In this section: 
"(1) ADMINISTRATIVE COST.— 
"(A) IN GENERAL.—The term 'administrative cost' 
means the cost of necessary administrative 
functions 
which— 
"(i) the tribe or tribal organization incurs as a 
result of operating a tribal elementary or secondary 
educational program; 
"(ii) are not customarily paid by comparable 
Bureau-operated programs out of direct program funds; 
and 
"(iii) are either— 
"(I) normally provided for comparable Bureau 
programs by Federal officials using resources other 
than Bureau direct program funds; or 
"(II) are otherwise required of tribal self-deter-
mination program operators by law or prudent 
management practice. 
"(B) INCLUSIONS.—The term 'administrative cost' may 
include— 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2033 
"(i) contract or grant (or other agreement) adminis-
tration; 
"(ii) executive, policy, and corporate leadership and 
decisionmaking; 
"(iii) program planning, development, and manage-
ment; 
"(iv) fiscal, personnel, property, and procurement 
management; 
"(v) related office services and record keeping; and 
"(vi) costs of necessary insurance, auditing, legal, 
safety and security services. 
"(2) BUREAU ELEMENTARY AND SECONDARY FUNCTIONS.— 
The term 'Bureau elementary and secondary functions' means— 
"(A) all functions funded at Bureau schools by the 
Office; 
"(B) all programs— 
"(i) funds for which are appropriated to other agen-
cies of the Federal Government; and 
"(ii) which are administered for the benefit of 
Indians through Bureau schools; and 
"(C) all operation, maintenance, and repair funds for 
facilities and Government quarters used in the operation 
or support of elementary and secondary education functions 
for the benefit of Indians, from whatever source derived. 
"(3) DIRECT COST BASE.— 
"(A) IN GENERAL.—Except as otherwise provided in 
subparagraph (B), the direct cost base of a tribe or tribal 
organization for the fiscal year is the aggregate direct 
cost program funding for all tribal elementary or secondary 
educational programs operated by the tribe or tribal 
organization during— 
"(i) the second fiscal year preceding such fiscal 
year; or 
"(ii) if such programs have not been operated by 
the tribe or tribal organization during the 2 preceding 
fiscal years, the first fiscal year preceding such fiscal 
year. 
"(B) FUNCTIONS NOT PREVIOUSLY OPERATED.—In the 
case of Bureau elementary or secondary education functions 
which have not previously been operated by a tribe or 
tribal organization under contract, grant, or agreement 
with the Bureau, the direct cost base for the initial year 
shall be the projected aggregate direct cost program funding 
for all Bureau elementary and secondary functions to be 
operated by the tribe or tribal organization during that 
fiscal year. 
"(4) MAXIMUM BASE RATE.—The term 'maximum base rate' 
means 50 percent. 
"(5) MINIMUM BASE RATE.—The term 'minimum base rate' 
means 11 percent. 
"(6) STANDARD DIRECT COST BASE.—The term 'standard 
direct cost base' means $600,000. 
"(7) TRIBAL ELEMENTARY OR SECONDARY EDUCATIONAL PRO-
GRAMS.—The term 'tribal elementary or secondary educational 
programs' means all Bureau elementary and secondary func-
tions, together with any other Bureau programs or portions 
89-194 0 -03- 34 QL 3 Part 2 
115 STAT. 2034 
PUBLIC LAW 107-110—JAN. 8, 2002 
of programs (excluding funds for social services that are appro-
priated to agencies other than the Bureau and are funded 
through the Bureau, funds for major subcontracts, construction, 
and other major capital expenditures, and unexpended funds 
carried over from prior years) which share common administra-
tive cost functions, that are operated directly by a tribe or 
tribal organization under a contract, grant, or agreement with 
the Bureau. 
"(b) GRANTS; EFFECT UPON APPROPRIATED AMOUNTS.— 
"(1) GRANTS.—Subject to the availability of funds, the Sec-
retary shall provide grants to each tribe or tribal organization 
operating a contract school or grant school in the amount 
determined under this section with respect to the tribe or 
tribal organization for the purpose of paying the administrative 
and indirect costs incurred in operating contract or grant 
schools, provided that no school operated as a stand-alone 
institution shall receive less than $200,000 per year for these 
purposes, in order to— 
"(A) enable tribes and tribal organizations operating 
such schools, without reducing direct program services to 
the beneficiaries of the program, to provide all related 
administrative overhead services and operations necessary 
to meet the requirements of law and prudent management 
practice; and 
"(B) carry out other necessary support functions which 
would otherwise be provided by the Secretary or other 
Federal officers or employees, from resources other than 
direct program funds, in support of comparable Bureau-
operated programs. 
"(2) 
EFFECT 
UPON 
APPROPRIATED AMOUNTS.—Amounts 
appropriated to fund the grants provided under this section 
shall be in addition to, and shall not reduce, the amounts 
appropriated for the program being administered by the con-
tract or grant school. 
"(c) DETERMINATION OF GRANT AMOUNT.— 
"(1) IN GENERAL.—The amount of the grant provided to 
each tribe or tribal organization under this section for each 
fiscal year shall be determined by applying the administrative 
cost percentage rate of the tribe or tribal organization to the 
aggregate of the Bureau elementary and secondary functions 
operated by the tribe or tribal organization for which funds 
are received from or through the Bureau. 
"(2) DIRECT COST BASE FUNDS.—The Secretary shall— 
"(A) reduce the amount of the grant determined under 
paragraph (1) to the extent that payments for administra-
tive costs are actually received by an Indian tribe or tribal 
organization 
under any Federal 
education 
program 
included in the direct cost base of the tribe or tribal 
organization; and 
"(B) take such actions as may be necessary to be 
reimbursed by any other department or agency of the Fed-
eral Government for the portion of grants made under 
this section for the costs of administering any program 
for Indians that is funded by appropriations made to such 
other department or agency. 
"(d) ADMINISTRATIVE COST PERCENTAGE RATE.— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2035 
"(1) IN GENERAL.—For purposes of this section, the adminis-
trative cost percentage rate for a contract or grant school for 
a fiscal year is equal to the percentage determined by dividing— 
"(A) the sum of— 
"(i) the amount equal to— 
"(I) the direct cost base of the tribe or tribal 
organization for the fiscal year, multiplied by 
"(II) the minimum base rate; plus 
"(ii) the amount equal to— 
"(I) the standard direct cost base; multiplied 
by 
"(II) the maximum base rate; by 
"(B) the sum of— 
"(i) the direct cost base of the tribe or tribal 
organization for the fiscal year; plus 
"(ii) the standard direct cost base. 
"(2) ROUNDING.—The administrative cost percentage rate 
shall be determined to the Vioo of a decimal point. 
"(3) APPLICABILITY.—The administrative cost percentage 
rate determined under this subsection shall not apply to other 
programs operated by the tribe or tribal organization. 
"(e) COMBINING FUNDS.— 
"(1) IN GENERAL.—Funds received by a tribe or contract 
or grant school as grants under this section for tribal 
elementary or secondary educational programs may be com-
bined by the tribe or contract or grant school into a single 
administrative 
cost 
account 
without 
the 
necessity 
of 
maintaining separate funding source accounting. 
"(2) INDIRECT COST FUNDS.—Indirect cost funds for pro-
grams at the school which share common administrative serv-
ices with tribal elementary or secondary educational programs 
may be included in the administrative cost account described 
in paragraph (1). 
"(f) AVAILABILITY OF FUNDS.—Funds received as grants under 
this section with respect to tribal elementary or secondary education 
programs shall remain available to the contract or grant school 
without fiscal year limitation and without diminishing the amount 
of any grants otherwise payable to the school under this section 
for any fiscal year beginning after the fiscal year for which the 
grant is provided. 
"(g) TREATMENT OF FUNDS.—Funds received as grants under 
this section for Bureau-funded programs operated by a tribe or 
tribal organization under a contract or agreement shall not be 
taken into consideration for purposes of indirect cost underrecovery 
and overrecovery determinations by any Federal agency for any 
other funds, from whatever source derived. 
"(h) TREATMENT OF ENTITY OPERATING OTHER PROGRAMS.— 
In applying this section and section 106 of the Indian Self-Deter-
mination and Education Assistance Act with respect to an Indian 
tribe or tribal organization that— 
"(1) receives funds under this section for administrative 
costs incurred in operating a contract or grant school or a 
school operated under the Tribally Controlled Schools Act of 
1988; and 
"(2) operates one or more other programs under a contract 
or grant provided under the Indian Self-Determination and 
Education Assistance Act, 
115 STAT. 2036 
PUBLIC LAW 107-llO^JAN. 8, 2002 
the Secretary shall ensure that the Indian tribe or tribal organiza-
tion is provided with the full amount of the administrative costs 
that are associated with operating the contract or grant school, 
and of the indirect costs, that are associated with all of such 
other programs, except that funds appropriated for implementation 
of this section shall be used only to supply the amount of the 
grant required to be provided by this section. 
"(i) 
STUDIES FOR DETERMINATION OF FACTORS AFFECTING 
COSTS; BASE RATES LIMITS; STANDARD DIRECT COST BASE; REPORT 
TO CONGRESS.— 
Deadline. 
"(1) STUDIES.—Not later than 120 days after the date of 
enactment of the Native American Education Improvement Act 
of 2001, the Director of the Office of Indian Education Programs 
shall— 
"(A) conduct such studies as may be needed to establish 
an empirical basis for determining relevant factors substan-
tially affecting required administrative costs of tribal 
elementary and secondary education programs, using the 
formula set forth in subsection (c); and 
"(B) conduct a study to determine— 
"(i) a maximum base rate which ensures that the 
amount of the grants provided under this section will pro-
vide adequate (but not excessive) funding of the administra-
tive costs of the smallest tribal elementary or secondary 
educational programs; 
"(ii) a minimum base rate which ensures that the 
amount of the grants provided under this section will pro-
vide adequate (but not excessive) funding of the administra-
tive costs of the largest tribal elementary or secondary 
educational programs; and 
"(iii) a standard direct cost base which is the aggregate 
direct cost funding level for which the percentage deter-
mined under subsection (d) will— 
"(I) be equal to the median between the maximum 
base rate and the minimum base rate; and 
"(II) ensure that the amount of the grants provided 
under this section will provide adequate (but not exces-
sive) funding of the administrative costs of tribal 
elementary or secondary educational programs closest 
to the size of the program. 
"(2) GUIDELINES.—The studies required under paragraph 
(1) shall— 
"(A) be conducted in full consultation (in accordance 
with section 1131) with— 
"(i) the tribes and tribal organizations that are 
affected by the application of the formula set forth 
in subsection (c); and 
"(ii) all national and regional Indian organizations 
of which such tribes and tribal organizations are typi-
cally members; 
"(B) be conducted onsite with a representative statis-
tical sample of the tribal elementary or secondary edu-
cational programs under a contract entered into with a 
nationally reputable public accounting and business con-
sulting firm; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2037 
"(C) take into account the availability of skilled labor 
commodities, business and automatic data processing serv-
ices, related Indian preference and Indian control of edu-
cation requirements, and any other market factors found 
to substantially affect the administrative costs and effi-
ciency of each such tribal elementary or secondary edu-
cational program studied in order to ensure that all 
required administrative activities can reasonably be deliv-
ered in a cost effective manner for each such program, 
given an administrative cost allowance generated by the 
values, percentages, or other factors found in the studies 
to be relevant in such formula; 
"(D) identify, and quantify in terms of percentages 
of direct program costs, any general factors arising from 
geographic isolation, or numbers of programs administered, 
independent of program size factors used to compute a 
base administrative cost percentage in such formula; and 
"(E) identify 
any other incremental cost 
factors 
substantially affecting the costs of required administrative 
cost functions at any of the tribal elementary or secondary 
educational programs studied and determine whether the 
factors are of general applicability to other such programs, 
and (if so) how the factors may effectively be incorporated 
into such formula. 
"(3) CONSULTATION WITH INSPECTOR GENERAL.—In carrying 
out the studies required under this subsection, the Director 
shall obtain the input of, and afford an opportunity to partici-
pate to, the Inspector General of the Department of the Interior. 
"(4) CONSIDERATION OF DELIVERY OF ADMINISTRATIVE SERV-
ICES.—Determinations described in paragraph (2)(C) shall be 
based on what is practicable at each location studied, given 
prudent management practice, irrespective of whether required 
administrative services were actually or fully delivered at these 
sites, or whether other services were delivered instead, during 
the period of the study. 
"(5) REPORT.—^Upon completion of the studies conducted 
under paragraph (1), the Director shall submit to Congress 
a report on the findings of the studies, together with determina-
tions based upon such studies that would affect the definitions 
set forth under subsection (e) that are used in the formula 
set forth in subsection (c). 
"(6) PROJECTION OF COSTS.—The Secretary shall include 
in the Bureau's justification for each appropriations request 
beginning in the first fiscal year after the completion of the 
studies conducted under paragraph (1), a projection of the 
overall costs associated with the formula set forth in subsection 
(c) for all tribal elementary or secondary education programs 
which the Secretary expects to be funded in the fiscal year 
for which the appropriations are sought. 
"(7) DETERMINATION OF PROGRAM SIZE.—^For purposes of 
this subsection, the size of tribal elementary or secondary edu-
cational programs is determined by the aggregate direct cost 
program funding level for all Bureau-funded programs which 
share common administrative cost functions, 
"(j) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section such sums as may be necessary. 
115 STAT. 2038 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(2) REDUCTIONS.—If the total amount of funds necessary 
to provide grants to tribes and tribal organizations in the 
amounts determined under subsection (c) for a fiscal year 
exceeds the amount of funds appropriated to carry out this 
section for such fiscal year, the Secretary shall reduce the 
amount of each grant determined under subsection (c) for such 
fiscal year by an amount that bears the same relationship 
to such excess as the amount of such grants determined under 
subsection (c) bears to the total of all grants determined under 
subsection (c) section for all tribes and tribal organizations 
for such fiscal year. 
"(k) APPLICABILITY TO SCHOOLS OPERATING UNDER TRIBALLY 
CONTROLLED SCHOOLS ACT OF 1988.—The provisions of this section 
shall apply to schools operating under the Tribally Controlled 
Schools Act of 1988. 
"(1) ADMINISTRATIVE COST GRANT BUDGET REQUESTS.— 
"(1) IN GENERAL.—Beginning with President's 
annual 
budget request under section 1105 of title 31, United States 
Code for fiscal year 2002, and with respect to each succeeding 
budget request, at the discretion of the Secretary, the Secretary 
shall submit to the appropriate committees of Congress 
information and funding requests for the full funding of 
administrative costs grants required to be paid under this 
section. 
"(2) REQUIREMENTS.— 
"(A) FUNDING FOR NEW CONVERSIONS TO CONTRACT OR 
GRANT SCHOOL OPERATIONS.—^With respect to a budget 
request under paragraph (1), the amount required to pro-
vide full funding for an administrative cost grant for each 
tribe or tribal organization expected to begin operation 
of a Bureau-funded school as contract or grant school in 
the academic year funded by such annual budget request, 
the amount so required shall not be less than 10 percent 
of the amount required for subparagraph (B). 
"(B) FUNDING FOR CONTINUING CONTRACT AND GRANT 
SCHOOL OPERATIONS.—With respect to a budget request 
under paragraph (1), the amount required to provide full 
funding for an administrative cost grant for each tribe 
or tribal organization operating a contract or grant school 
at the time the annual budget request is submitted, which 
amount shall include the amount of funds required to pro-
vide full funding for an administrative cost grant for each 
tribe or tribal organization which began operation of a 
contract or grant school with administrative cost grant 
funds supplied from the amount described in subparagraph 
(A). 
25 use 2009. 
"SEC. 1129. DIVISION OF BUDGET ANALYSIS. 
Deadline. 
"(a) ESTABLISHMENT.—Not later than 1 year after the date 
of enactment of the Native American Education Improvement Act 
of 2001, the Secretary shall establish within the Office of Indian 
Education Programs a Division of Budget Analysis (hereafter in 
this section referred to as the 'Division'). Such Division shall be 
under the direct supervision and control of the Director of the 
Office. 
"(b) FUNCTIONS.—In consultation with the tribal governing 
bodies and tribal school boards, the Director of the Office, through 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2039 
the Division, shall conduct studies, surveys, or other activities to 
gather demographic information on Bureau-funded schools and 
project the amount necessary to provide Indian students in such 
schools the educational program set forth in this part. 
"(c) ANNUAL REPORTS.—Not later than the date on which the Deadline. 
Assistant Secretary for Indian Affairs makes the annual budget 
submission, for each fiscal year after the date of enactment of 
the Native American Education Improvement Act of 2001, the 
Director of the Office shall submit to the appropriate committees 
of Congress (including the Appropriations committees), all Bureau-
funded schools, and the tribal governing bodies of such schools, 
a report that contains— 
"(1) projections, based upon the information gathered 
pursuant to subsection (b) and any other relevant information, 
of amounts necessary to provide Indian students in Bureau-
funded schools the educational program set forth in this part; 
"(2) a description of the methods and formulas used to 
calculate the amounts projected pursuant to paragraph (1); 
and 
"(3) such other information as the Director of the Ofdce 
considers appropriate. 
"(d) USE OF REPORTS.—The Director of the Office and the 
Assistant Secretary for Indian Affairs shall use the annual report 
required by subsection (c) when preparing annual budget submis-
sions. 
"SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT. 
25 USC 2010. 
"(a) ESTABLISHMENT OF SYSTEM AND FORWARD FUNDING.— 
"(1) IN GENERAL.—The Secretary shall establish, by regula- Regulations, 
tion adopted in accordance with section 1136, a system for 
the direct funding and support of all Bureau-funded schools. 
Such system shall allot funds in accordance with section 1127. 
All amounts appropriated for distribution in accordance with 
this section shall be made available in accordance with para-
graph (2). 
"(2) TIMING FOR USE OF FUNDS.— 
"(A) AVAILABILITY.—For the purposes of affording ade-
quate notice of funding available pursuant to the allotments 
made under section 1127 and the allotments of funds for 
operation and maintenance of facilities, amounts appro-
priated in an appropriations Act for any fiscal year for 
such allotments— 
"(i) shall become available for obligation by the 
affected schools on July 1 of the fiscal year for which 
such allotments are appropriated without 
further 
action by the Secretary; and 
"(ii) shall remain available for obligation through 
the succeeding fiscal year. 
"(B) PUBLICATIONS.—The Secretary shall, on the basis 
of the 
amounts 
appropriated 
as 
described 
in 
this 
paragraph— 
"(i) publish, not later than July 1 of the fiscal Deadline, 
year for which the amounts are appropriated, informa-
tion indicating the amount of the allotments to be 
made to each affected school under section 1127, of 
80 percent of such appropriated amounts; and 
115 STAT. 2040 
PUBLIC LAW 107-110-JAN. 8, 2002 
Deadline. 
Deadline. 
"(ii) publish, not later than September 30 of such 
fiscal year, information indicating the amount of the 
allotments to be made under section 1127, from the 
remaining 20 percent of such appropriated amounts, 
adjusted to reflect the actual student attendance. 
"(C) OVERPAYMENTS.—^Any overpayments made to 
tribal schools shall be returned to the Secretary not later 
than 30 days after the final determination that the school 
was overpaid pursuant to this section. 
"(3) LIMITATION.— 
"(A) EXPENDITURES.—Notwithstanding any other provi-
sion of law (including a regulation), the supervisor of a 
Bureau-operated school may expend an aggregate of not 
more than $50,000 of the amount allotted to the school 
under section 1127 to acquire materials, supplies, equip-
ment, operation services, maintenance services, and other 
services for the school, and amounts received as operations 
and maintenance funds, funds received from the Depart-
ment of Education, or funds received from other Federal 
sources, without competitive bidding i
f
— 
"(i) the cost for any single item acquired does 
not exceed $15,000; 
"(ii) the school board approves the acquisition; 
"(iii) the supervisor certifies that the cost is fair 
and reasonable; 
"(iv) the documents relating to the acquisition 
executed by the supervisor of the school or other school 
staff cite this paragraph as authority for the acquisi-
tion; and 
"(v) the acquisition transaction is documented in 
a journal maintained at the school that clearly identi-
fies when the transaction occurred, the item that was 
acquired and from whom, the price paid, the quantities 
acquired, and any other information the supervisor 
or the school board considers to be relevant. 
"(B) NOTICE.—Not later than 6 months after the date 
of enactment of the Native American Education Improve-
ment Act of 2001, the Secretary shall send notice of the 
provisions of this paragraph to each supervisor of a Bureau 
school and associated school board chairperson, the edu-
cation line officer of each agency and area, and the Bureau 
division in charge of procurement, at both the local and 
national levels. 
"(C) APPLICATION AND GUIDELINES.—The Director of 
the Office shall be responsible for— 
"(i) determining the application of this paragraph, 
including the authorization of specific individuals to 
carry out this paragraph; 
"(ii) ensuring that there is at least one such indi-
vidual at each Bureau facility; and 
"(iii) the provision of guidelines on the use of this 
paragraph and adequate training on such guidelines. 
"(4) EFFECT OF SEQUESTRATION ORDER.—If a sequestration 
order issued under the Balanced Budget and Emergency Deficit 
Control Act of 1985 reduces the amount of funds available 
for allotment under section 1127 for any fiscal year by more 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2041 
than 7 percent of the amount of funds available for allotment 
under such section during the preceding fiscal year— 
"(A) to fund allotments under section 1127, the Sec-
retary, notwithstanding any other law, may use— 
"(i) funds appropriated for the operation of any 
Bureau-funded school that is closed or consolidated; 
and 
"(ii) funds appropriated for any program that has 
been curtailed at any Bureau school; and 
"(B) the Secretary may waive the application of the 
provisions of section 1121(h) with respect to the closure 
or consolidation of a school, or the curtailment of a program 
at a school, during such fiscal year if the funds described 
in clauses (i) and (ii) of subparagraph (A) with respect 
to such school are used to fund allotments made under 
section 1127 for such fiscal year. 
"(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF FUNDS.— 
"(1) PLAN REQUIRED.—^Each Bureau-operated school that 
receives an allotment under section 1127 shall prepare a local 
financial plan that specifies the manner in which the school 
will expend the funds made available under the allotment 
and ensures that the school will meet the accreditation require-
ments or standards for the school pursuant to section 1121. 
"(2) REQUIREMENT.—^A local financial plan under paragraph 
(1) shall comply with all applicable Federal and tribal laws. 
"(3) PREPARATION AND REVISION.— 
"(A) IN GENERAL.—The financial plan for a school under 
subparagraph (A) shall be prepared by the supervisor of 
the school in active consultation with the local school board 
for the school. 
"(B) AUTHORITY OF SCHOOL BOARD.—The local school 
board for each school shall have the authority to ratify, 
reject, or amend such financial plan and, at the initiative 
of the local school board or in response to the supervisor 
of the school, to revise such financial plan to meet needs 
not foreseen at the time of preparation of the financial 
plan. 
"(4) ROLE OF SUPERVISOR.—The supervisor of the school— 
"(A) shall implement the decisions of the school board 
relating to the financial plan under paragraph (1); 
"(B) shall provide the appropriate local union rep-
resentative of the education employees of the school with 
copies of proposed financial plans relating to the school 
and all modifications and proposed modifications to the 
plans, and at the same time submit such copies to the 
local school board; and 
"(C) may appeal any such action of the local school 
board to the appropriate education line officer of the Bureau 
agency by filing a written statement describing the action 
and the reasons the supervisor believes such action should 
be overturned. 
"(5) STATEMENTS.— 
"(A) IN GENERAL.—^A copy of each statement filed under 
paragraph (4)(C) shall be submitted to the local school 
board and such board shall be afforded an opportunity 
to respond, in writing, to such appeal. 
115 STAT. 2042 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(B) OVERTURNED ACTIONS.—^After reviewing such writ-
ten appeal and response, the appropriate education Hne 
officer may, for good cause, overturn the action of the 
local school board. 
"(C) 
TRANSMISSION OF DETERMINATION.—The appro-
priate education line officer shall transmit the determina-
tion of such appeal in the form of a written opinion to 
such board and to such supervisor identifying the reasons 
for overturning such action. 
"(c) 
TRIBAL DIVISION OF EDUCATION, 
SELF-DETERMINATION 
GRANT AND CONTRACT FUNDS.—The Secretary may approve applica-
tions for funding tribal divisions of education and developing tribal 
codes of education, from funds made available pursuant to section 
103(a) of the Indian Self-Determination and Education Assistance 
Act. 
"(d) TECHNICAL ASSISTANCE AND TRAINING.—In carrying out 
this section, a local school board may request technical assistance 
and training from the Secretary, and the Secretary shall, to the 
maximum extent practicable, provide those services and make 
appropriate provisions in the budget of the Office for the provision 
of those services. 
"(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT SERVICES.— 
"(DPLAN.— 
"(A) IN GENERAL.—^A financial plan under subsection 
(b) for a school may include, at the discretion of the local 
administrator and the school board of such school, a provi-
sion for a summer program of academic and support serv-
ices for students of the school. 
"(B) PREVENTION ACTIVITIES.—^Any such program may 
include activities related to the prevention of alcohol and 
substance abuse. 
"(C) SUMMER USE.—The Assistant Secretary for Indian 
Affairs shall provide for the use of any such school facility 
during any summer in which such use is requested. 
"(2) USE OF OTHER FUNDS.—Notwithstanding any other 
provision of law, funds authorized under the Act of April 16, 
1934, and this Act may be used to augment the services pro-
vided in each summer program at the option, and under the 
control, of the tribe or Indian controlled school receiving such 
funds. 
"(3) TECHNICAL ASSISTANCE AND PROGRAM COORDINATION.— 
The Assistant Secretary for Indian Affairs, acting through the 
Director of the Office, shall— 
"(A) provide technical assistance and coordination for 
any program described in paragraph (1); and 
"(B) to the extent practicable, encourage the coordina-
tion of such programs with any other summer programs 
that might benefit Indian youth, regardless of the funding 
source or administrative entity of any such program. 
"(f) COOPERATIVE AGREEMENTS.— 
"(1) IMPLEMENTATION.— 
"(A) IN GENERAL.—From funds allotted to a Bureau 
school under section 1127, the Secretary shall, if specifically 
requested by the appropriate tribal governing body, imple-
ment a cooperative agreement that is entered into between 
the tribe, the Bureau, the local school board, and a local 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2043 
public school district that meets the requirements of para-
graph (2) and involves the school. 
"(B) TERMS.—The tribe, the Bureau, the school board, 
and the local public school district shall determine the 
terms of an agreement entered into under subparagraph 
(A). 
"(2) 
COORDINATION 
PROVISIONS.—^An agreement 
under 
paragraph (1) may, with respect to the Bureau school and 
schools in the school district involved, encompass coordination 
of all or any part of the following: 
"(A) The academic program and curriculum, unless 
the Bureau school is accredited by a State or regional 
accrediting entity and would not continue to be so accred-
ited if the agreement encompassed the program and cur-
riculum. 
"(B) Support services, including procurement and facili-
ties maintenance. 
"(C) Transportation. 
"(3) EQUAL BENEFIT AND BURDEN.— 
"(A) IN GENERAL.—Each agreement entered into under 
paragraph (1) shall confer a benefit upon the Bureau school 
commensurate with the burden assumed by the school. 
"(B) LIMITATION.—Subparagraph (A) shall not be con-
strued to require equal expenditures, or an exchange of 
similar services, by the Bureau school and schools in the 
school district. 
"(g) PRODUCT OR RESULT OF STUDENT PROJECTS.—Notwith-
standing any other provision of law, in a case in which there 
is agreement on action between the superintendent and the school 
board of a Bureau-funded school, the product or result of a project 
conducted in whole or in major part by a student may be given 
to that student upon the completion of such project. 
"(h) MATCHING FUND REQUIREMENTS.— 
"(1) NOT CONSIDERED FEDERAL FUNDS.—Notwithstanding 
any other provision of law, funds received by a Bureau-funded 
school under this title for education-related activities (not 
including funds for construction, maintenance, and facilities 
improvement or repair) shall not be considered Federal funds 
for the purposes of a matching funds requirement for any 
Federal program. 
"(2) LIMITATION.—In considering an application from a 
Bureau-funded school for participation in a program or project 
that requires matching funds, the entity administering such 
program or project or awarding such grant shall not give posi-
tive or negative weight to such application based solely on 
the provisions of paragraph (1). 
"SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION. 
25USC2011. 
"(a) FACILITATION OF INDIAN CONTROL.—It shall be the policy 
of the United States acting through the Secretary, in carrying 
out the functions of the Bureau, to facilitate Indian control of 
Indian affairs in all matters relating to education. 
"(b) CONSULTATION WITH TRIBES.— 
"(1) IN GENERAL.—^All actions under this Act shall be done 
with active consultation with tribes. The United States acting 
through the Secretary and tribes shall work in a government-
115 STAT. 2044 
PUBLIC LAW 107-110—JAN. 8, 2002 
to-government relationship to ensure quality education for all 
tribal members. 
"(2) REQUIREMENTS.— 
"(A) DEFINITION OF CONSULTATION.—In this subsection, 
the term 'consultation' means a process involving the open 
discussion and joint deliberation of all options with respect 
to potential issues or changes between the Bureau and 
all interested parties. 
"(B) 
DISCUSSION AND JOINT DELIBERATION.—During 
discussions and joint deliberations, interested 
parties 
(including tribes and school officials) shall be given an 
opportunity— 
"(i) to present issues (including proposals regarding 
changes in current practices or programs) that will 
be considered for future action by the Secretary; and 
"(ii) to participate and discuss the options pre-
sented, or to present alternatives, with the views and 
concerns of the interested parties given effect unless 
the Secretary determines, from information available 
from or presented by the interested parties during 
one or more of the discussions and deliberations, that 
there is a substantial reason for another course of 
action. 
"(C) EXPLANATION BY SECRETARY.—The Secretary shall 
submit to any Member of Congress, within 18 days of 
the receipt of a written request by such Member, a written 
explanation of any decision made by the Secretary which 
is not consistent with the views of the interested parties 
described in subparagraph (B). 
25 use 2012. 
"SEC. 1132. INDIAN EDUCATION PERSONNEL. 
"(a) IN GENERAL.—Chapter 51, subchapter III of chapter 53, 
and chapter 63 of title 5, United States Code, relating to classifica-
tion, pay and leave, respectively, and the sections of such title 
relating to the appointment, promotion, hours of work, and removal 
of civil service employees, shall not apply to educators or to edu-
cation positions (as defined in subsection (p)). 
DeadHne. 
"(b) REGULATIONS.—Not later than 60 days after the date of 
enactment of the Native American Education Improvement Act 
of 2001, the Secretary shall prescribe regulations to carry out this 
section. Such regulations shall provide for— 
"(1) the establishment of education positions; 
"(2) the establishment of qualifications for educators and 
education personnel; 
"(3) the fixing of basic compensation for educators and 
education positions; 
"(4) the appointment of educators; 
"(5) the discharge of educators; 
"(6) the entitlement of educators to compensation; 
"(7) the payment of compensation to educators; 
"(8) the conditions of employment of educators; 
"(9) the leave system for educators; 
"(10) the annual leave and sick leave for educators; 
"(11) the length of the school year applicable to education 
positions described in subsection (a); and 
"(12) such additional matters as may be appropriate. 
"(c) QUALIFICATIONS OF EDUCATORS.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2045 
"(1) REQUIREMENTS.—In prescribing regulations to govern 
the qualifications of educators, the Secretary shall require 
that— 
"(A) lists of qualified and interviewed applicants for 
education positions be maintained in each agency and area 
office of the Bureau from among individuals who have 
applied at the agency or area level for an education position 
or who have applied at the national level and have 
indicated in such application an interest in working in 
certain areas or agencies; 
"(B) a local school board shall have the authority to 
waive on a case-by-case basis, any formal education or 
degree qualifications established by regulation pursuant 
to subsection (b)(2), in order for a tribal member to be 
hired in an education position to teach courses on tribal 
culture and language and that subject to subsection (e)(2), 
a determination by a school board that such a person 
be hired shall be instituted by the supervisor of the school 
involved; and 
"(C) that it shall not be a prerequisite to the employ-
ment of an individual in an education position at the local 
level that— 
"(i) such individual's name appear on a list main-
tained pursuant to subparagraph (A); or 
"(ii) such individual have applied at the national 
level for an education position. 
"(2) EXCEPTION FOR CERTAIN TEMPORARY EMPLOYMENT.— 
The Secretary may authorize the temporary employment in 
an education position of an individual who has not met the 
certification standards established pursuant to regulations if 
the Secretary determines that failure to do so would result 
in that position remaining vacant. 
"(d) HIRING OF EDUCATORS.— 
"(1) REQUIREMENTS.—In prescribing regulations to govern 
the appointment of educators, the Secretary shall require— 
"(A)(i)(I) that educators employed in a Bureau school 
(other than the supervisor of the school) shall be hired 
by the supervisor of the school; and 
"(II) in a case in which there are no qualified applicants 
available to fill a vacancy at a Bureau school, the supervisor 
may consult a list maintained pursuant to subsection 
(c)(1)(A); 
"(ii) each supervisor of a Bureau school shall be hired 
by the education line officer of the agency office of the 
Bureau for the jurisdiction in which the school is located; 
"(iii) each educator employed in an agency office of 
the Bureau shall be hired by the superintendent for edu-
cation of the agency office; and 
"(iv) each education line officer and educator employed 
in the office of the Director of the Office shall be hired 
by the Director; 
"(B)(i) before an individual is employed in an education 
position in a Bureau school by the supervisor of the school 
(or, with respect to the position of supervisor, by the appro-
priate agency education line officer), the local school board 
for the school shall be consulted; and 
115 STAT. 2046 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(ii) that a determination by such school board, as 
evidenced by school board records, that such individual 
should or should not be so employed shall be instituted 
by the supervisor (or with respect to the position of super-
visor, by the superintendent for education of the agency 
office); 
"(C)(i) before an individual is employed in an education 
position in an agency or area office of the Bureau, the 
appropriate agency school board shall be consulted; and 
"(ii) a determination by such school board, as evidenced 
by school board records, that such individual should or 
should not be employed shall be instituted by the super-
intendent for education of the agency office; and 
"(D) all employment decisions or actions be in compli-
ance with all applicable Federal, State, and tribal laws. 
"(2) 
INFORMATION REGARDING APPLICATION AT NATIONAL 
LEVEL.— 
"(A) IN GENERAL.—^Any individual who applies at the 
local level for an education position shall state on such 
individual's application whether or not such individual has 
applied at the national level for an education position in 
the Bureau. 
"(B) DETERMINATION OF ACCURACY.—If such individual 
is employed at the local level, such individual's name shall 
be immediately forwarded to the Secretary, who shall, as 
soon as practicable but in no event in more than 30 days, 
ascertain the accuracy of the statement made by such 
individual pursuant to subparagraph (A). 
"(C) FALSE STATEMENTS.—Notwithstanding subsection 
(e), if the individual's statement is found to have been 
false, such individual, at the Secretary's discretion, may 
be disciplined or discharged. 
"(D) CONDITIONAL APPOINTMENT FOR NATIONAL PROVI-
SION.—If the individual has applied at the national level 
for an education position in the Bureau, the appointment 
of such individual at the local level shall be conditional 
for a period of 90 days, during which period the Secretary 
may appoint a more qualified individual (as determined 
by the Secretary) from the list maintained at the national 
level pursuant to subsection (c)(l)(A)(ii) to the position 
to which such individual was appointed. 
"(3) STATUTORY CONSTRUCTION.—Except as expressly pro-
vided, nothing in this section shall be construed as conferring 
upon local school boards authority over, or control of, educators 
at Bureau-funded schools or the authority to issue management 
decisions. 
"(4) APPEALS.— 
"(A) BY SUPERVISOR.— 
"(i) IN GENERAL.—The supervisor of a school may 
appeal to the appropriate agency education line officer 
any determination by the local school board for the 
school that an individual be employed, or not be 
employed, in an education position in the school (other 
than that of supervisor) by filing a written statement 
describing the determination and the reasons the 
supervisor believes such determination should be over-
turned. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2047 
"(ii) ACTION BY BOARD.—^A copy of such statement 
shall be submitted to the local school board and such 
board shall be afforded an opportunity to respond, 
in writing, to such appeal. 
"(iii) 
OVERTURNING 
OF DETERMINATION.—^After 
reviewing such written appeal and response, the edu-
cation line officer may, for good cause, overturn the 
determination of the local school board. 
"(iv) TRANSMISSION OF DETERMINATION.—The edu-
cation line officer shall transmit the determination of 
such appeal in the form of a written opinion to such 
board and to such supervisor identifying the reasons 
for overturning such determination. 
"(B) BY EDUCATION LINE OFFICER.— 
"(i) IN GENERAL.—The education line officer of an 
agency office of the Bureau may appeal to the Director 
of the Office any determination by the local school 
board for the school that an individual be employed, 
or not be employed, as the supervisor of a school by 
filing a written statement describing the determination 
and the reasons the supervisor believes such deter-
mination should be overturned. 
"(ii) ACTION BY BOARD.—^A copy of such statement 
shall be submitted to the local school board and such 
board shall be afforded an opportunity to respond, 
in writing, to such appeal. 
"(iii) 
OVERTURNING 
OF DETERMINATION.—^After 
reviewing such written appeal and response, the 
Director may, for good cause, overturn the determina-
tion of the local school board. 
"(iv) 
TRANSMISSION 
OF 
DETERMINATION.—The 
Director shall transmit the determination of such 
appeal in the form of a written opinion to such board 
and to such education line officer identifying the rea-
sons for overturning such determination. 
"(5) OTHER APPEALS.— 
"(A) IN GENERAL.—The education line officer of an 
agency office of the Bureau may appeal to the Director 
of the Office any determination by the agency school board 
that an individual be employed, or not be employed, in 
an education position in such agency office by filing a 
written statement describing the determination and the 
reasons the supervisor believes such determination should 
be overturned. 
"(B) ACTION BY BOARD.—^A copy of such statement shall 
be submitted to the agency school board and such board 
shall be afforded an opportunity to respond, in writing, 
to such appeal. 
"(C) 
OVERTURNING 
OF 
DETERMINATION.—^After 
reviewing such written appeal and response, the Director 
may, for good cause, overturn the determination of the 
agency school board. 
"(D) TRANSMISSION OF DETERMINATION.—The Director 
shall transmit the determination of such appeal in the 
form of a written opinion to such board and to such edu-
cation line officer identifying the reasons for overturning 
such determination. 
115 STAT. 2048 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF EDU-
CATORS.— 
"(1) REGULATIONS.—In promulgating regulations to govern 
the discharge and conditions of employment of educators, the 
Secretary shall require— 
"(A) that procedures shall be established for the rapid 
and equitable resolution of grievances of educators; 
"(B) that no educator may be discharged without notice 
of the reasons for the discharge and an opportunity for 
a hearing under procedures that comport with the require-
ments of due process; and 
Deadline. 
"(C) that each educator employed in a Bureau school 
shall be notified 30 days prior to the end of an academic 
year whether the employment contract of the individual 
will be renewed for the following year. 
"(2) PROCEDURES FOR DISCHARGE.— 
"(A) DETERMINATIONS.— 
"(i) IN GENERAL.—Except as provided in clause 
(iii), the supervisor of a Bureau school may discharge 
(subject to procedures established under paragraph 
(1)(B)) for cause (as determined under regulations pre-
scribed by the Secretary) any educator employed in 
such school. 
"(ii) NOTIFICATION OF BOARD.—On giving notice 
to an educator of the supervisor's intention to discharge 
the educator, the supervisor shall immediately notify 
the local school board of the proposed discharge. 
"(iii) DETERMINATION BY BOARD.—If the local school 
board determines that such educator shall not be dis-
charged, that determination shall be followed by the 
supervisor. 
"(B) APPEALS.— 
"(i) IN GENERAL.—The supervisor shall have the 
right to appeal to the education line officer of the 
appropriate agency office of the Bureau a determina-
tion by a local school board under subparagraph (A)(iii), 
as evidenced by school board records, not to discharge 
an educator. 
"(ii) 
DECISION 
OF AGENCY 
EDUCATION 
LINE 
OFFICER.—Upon hearing such an appeal, the agency 
education line officer may, for good cause, issue a deci-
sion overturning the determination of the local school 
board with respect to the employment of such indi-
vidual. 
"(iii) 
FORM OF DECISION.—The education line 
officer shall make the decision in writing and submit 
the decision to the local school board. 
"(3) 
RECOMMENDATIONS OF SCHOOL BOARDS FOR DIS-
CHARGE.—^Each local school board for a Bureau school shall 
have the right— 
"(A) to recommend to the supervisor that an educator 
employed in the school be discharged; and 
"(B) to recommend to the education line officer of the 
appropriate agency office of the Bureau and to the Director 
of the Office, that the supervisor of the school be dis-
charged. 
"(f) APPLICABILITY OF INDIAN PREFERENCE LAWS.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2049 
"(1) APPLICABILITY.— 
"(A) IN GENERAL.—Notwithstanding any provision of 
the Indian preference laws, such laws shall not apply in 
the case of any personnel action carried out under this 
section with respect to an applicant or employee not enti-
tled to an Indian preference if each tribal organization 
concerned— 
"(i) grants a written waiver of the application of 
those laws with respect to the personnel action; and 
"(ii) states that the waiver is necessary. 
"(B) No EFFECT ON RESPONSIBILITY OF BUREAU.—This 
paragraph shall not be construed to relieve the responsi-
bility of the Bureau to issue timely and adequate announce-
ments and advertisements concerning any such personnel 
action if such action is intended to fill a vacancy (no matter 
how such vacancy is created). 
"(2) DEFINITIONS.—In this subsection: 
"(A) INDIAN PREFERENCE LAWS.— 
"(i) IN GENERAL.—The term 'Indian preference 
laws' means section 12 of the Act of June 18, 1934 
(48 Stat. 986, chapter 576) or any other provision of 
law granting a preference to Indians in promotions 
and other personnel actions. 
"(ii) EXCLUSION.—The term 'Indian 
preference 
laws' does not include section 7(b) of the Indian Self-
Determination and Education Assistance Act. 
"(B) TRIBAL ORGANIZATION.—The term 'tribal organiza-
tion' means— 
"(i) the recognized governing body of any Indian 
tribe, band, nation, pueblo, or other organized commu-
nity, including a Native village (as defined in section 
3(c) of the Alaska Native Claims Settlement Act); or 
"(ii) in connection with any personnel action 
referred to in this subsection, any local school board 
to which the governing body has delegated the 
authority to grant a waiver under this subsection with 
respect to a personnel action. 
"(g) COMPENSATION OR ANNUAL SALARY.— 
"(1) IN GENERAL.— 
"(A) 
COMPENSATION FOR EDUCATORS AND EDUCATION 
POSITIONS.—Except as otherwise provided in this section, 
the Secretary shall establish the compensation or annual 
salary rate for educators and education positions— 
"(i) at rates in effect under the General Schedule 
for individuals with comparable qualifications, and 
holding comparable positions, to whom chapter 51 of 
title 5, United States Code, is applicable; or 
"(ii) on the basis of the Federal Wage System 
schedule in effect for the locality involved, and for 
the comparable positions, at the rates of compensation 
in effect for the senior executive service. 
"(B) 
COMPENSATION OR SALARY FOR TEACHERS AND 
COUNSELORS.— 
"(i) IN GENERAL.—The Secretary shall estabUsh the 
rate of compensation, or annual salary rate, for the 
positions of teachers and counselors (including dor-
mitory counselors and home-living counselors) at the 
115 STAT. 2050 
PUBLIC LAW 107-110—JAN. 8, 2002 
rate of compensation applicable (on the date of enact-
ment of the Native American Education Improvement 
Act of 2001 and thereafter) for comparable positions 
in the overseas schools under the Defense Department 
Overseas Teachers Pay and Personnel Practices Act. 
"(ii) ESSENTIAL PROVISIONS.—The Secretary shall 
allow the local school boards involved authority to 
implement only the aspects of the Defense Department 
Overseas Teachers Pay and Personnel Practices Act 
pay provisions that are considered essential for recruit-
ment and retention of teachers and counselors. 
Implementation of such provisions shall not be con-
strued to require the implementation of that entire 
Act. 
"(C) RATES FOR NEW HIRES.— 
"(i) IN GENERAL.—Beginning with the first fiscal 
year following the date of enactment of the Native 
American Education Improvement Act of 2001, each 
local school board of a Bureau school may establish 
a rate of compensation or annual salary rate described 
in clause (ii) for teachers and counselors (including 
academic counselors) who are new hires at the school 
and who had not worked at the school, as of the first 
day of such fiscal year. 
"(ii) CONSISTENT RATES.—The rates estabHshed 
under clause (i) shall be consistent with the rates 
paid for individuals in the same positions, with the 
same tenure and training, as the teachers and coun-
selors, in any other school within whose boundaries 
the Bureau school is located. 
"(iii) DECREASES.—In a case in which the establish-
ment of rates under clause (i) causes a reduction in 
compensation at a school from the rate of compensation 
that was in effect for the first fiscal year following 
the date of enactment of the Native American Edu-
cation Improvement Act of 2001, the new rates of com-
pensation may be applied to the compensation of 
employees of the school who worked at the school as 
of such date of enactment by applying those rates 
at each contract renewal for the employees so that 
the reduction takes effect in three equal installments. 
"(iv) INCREASES.—In a case in which adoption of 
rates under clause (i) leads to an increase in the pay-
ment of compensation from that which was in effect 
for the fiscal year following the date of enactment 
of the Native American Education Improvement Act 
of 2001, the school board may make such rates 
applicable at the next contract renewal such that— 
"(I) the increase occurs in its entirety; or 
"(II) the increase is applied in three equal 
installments. 
"(D) 
USE OF REGULATIONS; CONTINUED EMPLOYMENT 
OF CERTAIN EDUCATORS.—The establishment of rates of 
basic compensation and annual salary rates under subpara-
graphs (B) and (C) shall not— 
"(i) preclude the use of regulations and procedures 
used by the Bureau prior to April 28, 1988, in making 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2051 
determinations regarding promotions and advance-
ments through levels of pay that are based on the 
merit, education, experience, or tenure of the educator; 
or 
"(ii) affect the continued employment or compensa-
tion of an educator who was employed in an education 
position on October 31, 1979, and who did not make 
an election under subsection (p) as in effect on January 
1, 1990. 
"(2) POST DIFFERENTIAL RATES.— 
"(A) IN GENERAL.—The Secretary may pay a post dif-
ferential rate, not to exceed 25 percent of the rate of com-
pensation, for educators or education positions, on the basis 
of conditions of environment or work that warrant addi-
tional pay, as a recruitment and retention incentive. 
"(B) SUPERVISOR'S AUTHORITY.— 
"(i) IN GENERAL.—Except as provided in clause 
(ii), on the request of the supervisor and the local 
school board of a Bureau school, the Secretary shall 
grant the supervisor of the school authorization to 
provide one or more post differential rates under 
subparagraph (A). 
"(ii) EXCEPTION.—The Secretary shall disapprove, 
or approve with a modification, a request for authoriza-
tion to provide a post differential rate if the Secretary 
determines for clear and convincing reasons (and 
advises the board in writing of those reasons) that 
the rate should be disapproved or decreased because 
the disparity of compensation between the appropriate 
educators or positions in the Bureau school, and the 
comparable educators or positions at the nearest public 
school, is— 
"(I)(aa) at least 5 percent; or 
"(bb) less than 5 percent; and 
"(II) does not affect the recruitment or reten-
tion of employees at the school. 
"(iii) APPROVAL OF REQUESTS.—^A request made 
under clause (i) shall be considered to be approved 
at the end of the 60th day after the request is received 
in the Central Office of the Bureau unless before that 
time the request is approved, approved with a modifica-
tion, or disapproved by the Secretary. 
"(iv) 
DISCONTINUATION 
OF 
OR 
DECREASE 
IN 
RATES.—The Secretary or the supervisor of a Bureau 
school may discontinue or decrease a post differential 
rate provided for under this paragraph at the beginning 
of an academic year if— 
"(I) the local school board requests that such 
differential be discontinued or decreased; or 
"(II) the Secretary or the supervisor, respec-
tively, determines for clear and convincing reasons 
(and advises the board in writing of those reasons) 
that there is no disparity of compensation that 
would affect the recruitment or retention of 
employees at the school after the differential is 
discontinued or decreased. 
115 STAT. 2052 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(v) REPORTS.—On or before February 1 of each 
year, the Secretary shall submit to Congress a report 
describing the requests and approvals of authorization 
made under this paragraph during the previous year 
and listing the positions receiving post differential 
rates 
under 
contracts 
entered 
into under 
those 
authorizations. 
"(h) LIQUIDATION OF REMAINING LEAVE UPON TERMINATION.— 
Upon termination of employment with the Bureau, any annual 
leave remaining to the credit of an individual covered by this 
section shall be liquidated in accordance with sections 5551(a) and 
6306 of title 5, United States Code, except that leave earned or 
accrued under regulations promulgated pursuant to subsection 
(b)(10) shall not be so liquidated. 
"(i) TRANSFER OF REMAINING SICK LEAVE UPON TRANSFER, PRO-
MOTION, O
R REEMPLOYMENT.—In the case of any educator who 
is transferred, promoted, or reappointed, without break in service, 
to a position in the Federal Government under a different leave 
system, any remaining leave to the credit of such person earned 
or credited under the regulations promulgated pursuant to sub-
section (b)(10) shall be transferred to such person's credit in the 
employing agency on an adjusted basis in accordance with regula-
tions which shall be promulgated by the Office of Personnel Manage-
ment. 
"(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUNTARILY TERMI-
NATED 
EDUCATORS.—^An educator 
who voluntarily 
terminates 
employment with the Bureau before the expiration of the existing 
employment contract between such educator and the Bureau shall 
not be eligible to be employed in another education position in 
the Bureau during the remainder of the term of such contract. 
"(k) DUAL 
COMPENSATION.—In the case of any educator 
employed in an education position described in subsection (1)(1)(A) 
who— 
"(1) is employed at the close of a school year; 
"(2) agrees in writing to serve in such position for the 
next school year; and 
"(3) is employed in another position during the recess period 
immediately preceding such next school year, or during such 
recess period receives additional compensation referred to in 
section 5533 of title 5, United States Code, relating to dual 
compensation, 
shall not apply to such educator by reason of any such employment 
during a recess period for any receipt of additional compensation. 
"(1) VOLUNTARY SERVICES.— 
"(1) IN GENERAL.—Notwithstanding section 1342 of title 
31, United States Code, the Secretary may, subject to the 
approval of the local school board concerned, accept voluntary 
services on behalf of Bureau schools. 
"(2) FEDERAL EMPLOYEE PROTECTION.—Nothing in this part 
requires Federal employees to work without compensation or 
allows the use of volunteer services to displace or replace Fed-
eral employees. 
"(3) FEDERAL STATUS.—^An individual providing volunteer 
services under this section is a Federal employee only for pur-
poses of chapter 81 of title 5, United States Code, and chapter 
171 of title 28, United States Code. 
"(m) PRORATION OF PAY.— 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2053 
"(1) ELECTION OF EMPLOYEE.— 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, including laws relating to dual compensation, 
the Secretary, at the election of the employee, shall prorate 
the salary of an employee employed in an education position 
for the academic school year over the entire 12-month 
period. 
"(B) ELECTION.—Each educator employed for the aca-
demic school year shall annually elect to be paid on a 
12-month basis or for those months while school is in 
session. 
"(C) NO LOSS OF PAY OR BENEFITS.—No educator shall 
suffer a loss of pay or benefits, including benefits under 
unemployment or other Federal or federally assisted pro-
grams, because of such election. 
"(2) CHANGE OF ELECTION.—During the course of such year 
the employee may change election once. 
"(3) LUMP SUM PAYMENT.—That portion of the employee's 
pay which would be paid between academic school years may 
be paid in a lump sum at the election of the employee. 
"(4) NONAPPLICABILITY.—This subsection applies to those 
individuals employed under the provisions of section 1132 of 
this title or title 5, United States Code. 
"(5) DEFINITIONS.—For purposes of this subsection, the 
terms 'educator' and 'education position' have the meanings 
contained in paragraphs (1) and (2) of subsection (o). 
"(n) EXTRACURRICULAR ACTIVITIES.— 
"(1) STIPEND.— 
"(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary may provide, for each Bureau 
area, a stipend in lieu of overtime premium pay or compen-
satory time off. 
"(B) PROVISION TO EMPLOYEES.—^Any employee of the 
Bureau who performs additional activities to provide serv-
ices to students or otherwise support the school's academic 
and social programs may elect to be compensated for all 
such work on the basis of the stipend. 
"(C) NATURE OF STIPEND.—Such stipend shall be paid 
as a supplement to the employee's base pay. 
"(2) ELECTION NOT TO RECEIVE STIPEND.—If an employee 
elects not to be compensated through the stipend established 
by this subsection, the appropriate provisions of title 5, United 
States Code, shall apply. 
"(3) 
APPLICABILITY 
OF SUBSECTION.—^This 
subsection 
applies to all Bureau employees, regardless of whether the 
employee is employed under section 1132 of this title or title 
5, United States Code. 
"(o) DEFINITIONS.—In this section: 
"(1) EDUCATION POSITION.—The term 'education position' 
means a position in the Bureau the duties and responsibilities 
of which— 
"(A)(i) are performed on a school year basis principally 
in a Bureau school; and 
"(ii) involve— 
"(I) classroom or other instruction or the super-
vision or direction of classroom or other instruction; 
115 STAT. 2054 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(11) any activity (other than teaching) which 
requires academic credits in educational theory and 
practice equal to the academic credits in educational 
theory and practice required for a bachelor's degree 
in education from an accredited institution of higher 
education; 
"(III) any activity in or related to the field of 
education notwithstanding that academic credits in 
educational theory and practice are not a formal 
requirement for the conduct of such activity; or 
"(IV) support services at, or associated with, the 
site of the school; or 
"(B) are performed at the agency level of the Bureau 
and involve the implementation of education-related pro-
grams other than the position for agency superintendent 
for education. 
"(2) EDUCATOR.—The term 'educator' means an individual 
whose services are required, or who is employed, in an edu-
cation position. 
"(p) COVERED INDIVIDUALS; ELECTION.—This section shall apply 
with respect to any educator hired after November 1, 1979 (and 
to any educator who elected for coverage under that provision 
after November 1, 1979) and to the position in which such individual 
is employed. The enactment of this section shall not affect the 
continued employment of an individual employed on October 31, 
1979, in an education position, or such person's right to receive 
the compensation attached to such position. 
"(q) FURLOUGH WITHOUT CONSENT.— 
"(1) IN GENERAL.—^An educator who was employed in an 
education position on October 31, 1979, who was eligible to 
make an election under subsection (p) at that time, and who 
did not make the election under such subsection, may not 
be placed on furlough (within the meaning of section 7511(a)(5) 
of title 5, United States Code, without the consent of such 
educator for an aggregate of more than 4 weeks within the 
same calendar year, unless— 
"(A) the supervisor, with the approval of the local 
school board (or of the education line officer upon appeal 
under paragraph (2)), of the Bureau school at which such 
educator provides services determines that a longer period 
of furlough is necessary due to an insufficient amount 
of funds available for personnel compensation at such 
school, as determined under the financial plan process as 
determined under section 1129(b); and 
"(B) all educators (other than principals and clerical 
employees) providing services at such Bureau school are 
placed on furloughs of equal length, except that the super-
visor, with the approval of the local school board (or of 
the agency education line officer upon appeal under para-
graph (2)), may continue one or more educators in pay 
status if— 
"(i) such educators are needed to operate summer 
programs, attend summer training sessions, or partici-
pate in special activities including curriculum develop-
ment committees; and 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2055 
"(ii) such educators are selected based upon such 
educator's quaHfications after pubhc notice of the min-
imum qualifications reasonably necessary and without 
discrimination as to supervisory, nonsupervisory, or 
other status of the educators who apply. 
"(2) APPEALS.—The supervisor of a Bureau school may 
appeal to the appropriate agency education line officer any 
refusal by the local school board to approve any determination 
of the supervisor that is described in paragraph (1)(A) by filing 
a written statement describing the determination and the rea-
sons the supervisor believes such determination should be 
approved. A copy of such statement shall be submitted to the 
local school board and such board shall be afforded an oppor-
tunity to respond, in writing, to such appeal. After reviewing 
such written appeal and response, the education line officer 
may, for good cause, approve the determination of the super-
visor. The educational line officer shall transmit the determina-
tion of such appeal in the form of a written opinion to such 
local school board and to the supervisor identifying the reasons 
for approving such determination. 
"(r) STIPENDS.—The Secretary is authorized to provide annual 
stipends to teachers who become certified by the National Board 
of Professional Teaching Standards, the National Council on 
Teacher Quality, or other nationally recognized certification or 
credentialing organizations. 
"SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM. 
"(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of the Native American Education Improvement Act 
of 2001, the Secretary shall update the computerized management 
information system within the Office. The information to be updated 
shall include information regarding— 
"(1) student enrollment; 
"(2) curricula; 
"(3) staffmg; 
"(4) facilities; 
"(5) community demographics; 
"(6) student assessment information; 
"(7) information on the administrative and program costs 
attributable to each Bureau program, divided into discrete ele-
ments; 
"(8) relevant reports; 
"(9) personnel records; 
"(10) finance and payroll; and 
"(11) such other items as the Secretary determines to be 
appropriate. 
"(b) IMPLEMENTATION OF SYSTEM.—Not later than July 1, 2003, 
the Secretary shall complete the implementation of the updated 
computerized management information system at each Bureau field 
office and Bureau-funded school. 
25 use 2013. 
Deadline. 
Deadline. 
"SEC. 1134. RECRUITMENT OF INDIAN EDUCATORS. 
"The Secretary shall institute a policy for the recruitment of 
qualified Indian educators and a detailed plan to promote employees 
from within the Bureau. Such plan shall include opportunities 
for acquiring work experience prior to actual work assignment. 
25 use 2014. 
115 STAT. 2056 
PUBLIC LAW 107-110-^AN. 8, 2002 
25 use 2015. 
"SEC. 1135. ANNUAL REPORT; AUDITS. 
"(a) ANNUAL REPORTS.—The Secretary shall submit to each 
appropriate committee of Congress, all Bureau-funded schools, and 
the tribal governing bodies of such schools, a detailed annual report 
on the state of education within the Bureau, and any problems 
encountered in Indian education during the period covered by the 
report, that includes— 
"(1) suggestions for the improvement of the Bureau edu-
cational system and for increasing tribal or local Indian control 
of such system; and 
"(2) information on the status of tribally controlled commu-
nity colleges. 
"(b) BUDGET REQUEST.—The annual budget request for the 
education programs of the Bureau, as submitted as part of the 
President's next annual budget request under section 1105 of title 
31, United States Code, shall include the plans required by sections 
1121(c), 1122(c), and 1124(c). 
"(c) FINANCIAL AND COMPLIANCE AUDITS.—The Inspector Gen-
eral of the Department of the Interior shall establish a system 
to ensure that financial and compliance audits, based upon the 
extent to which a school described in subsection (a) has complied 
with the local financial plan under section 1130, are conducted 
of each Bureau-operated school at least once every 3 years. 
"(d) ADMINISTRATIVE EVALUATION OF SCHOOLS.—The Director 
shall, at least once every 3 to 5 years, conduct a comprehensive 
evaluation of Bureau-operated schools. Such evaluation shall be 
in addition to any other program review or evaluation that may 
be required under Federal law. 
25 use 2016. 
"SEC. 1136. RIGHTS OF INDIAN STUDENTS. 
Regulations. 
"The Secretary shall prescribe such rules and regulations as 
are necessary to ensure the constitutional and civil rights of Indian 
students attending Bureau-funded schools, including such students' 
rights to— 
"(1) privacy under the laws of the United States; 
"(2) freedom of religion and expression; and 
"(3) due process in connection with disciplinary actions, 
suspensions, and expulsions. 
25 use 2017. 
"SEC. 1137. REGULATIONS. 
"(a) PROMULGATION.— 
"(1) IN GENERAL.—The Secretary may promulgate only such 
regulations— 
"(A) as are necessary to ensure compliance with the 
specific provisions of this part; and 
"(B) as the Secretary is authorized to promulgate 
pursuant to section 5211 of the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2510). 
"(2) PUBLICATION.—In promulgating the regulations, the 
Secretary shall— 
Federal Register, 
"(A) publish proposed regulations in the Federal Reg-
pubUcation. 
ister; and 
Deadline. 
"(B) provide a period of not less than 120 days for 
public comment and consultation on the regulations. 
"(3) CITATION.—The regulations shall contain, immediately 
following each regulatory section, a citation to any statutory 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2057 
provision providing authority to promulgate such regulatory 
section. 
"(b) MISCELLANEOUS.—The provisions of this Act shall super-
sede any conflicting provisions of law (including any conflicting 
regulations) in effect on the day before the date of enactment 
of this Act and the Secretary is authorized to repeal any regulation 
inconsistent with the provisions of this Act. 
"SEC. 1138. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 
25 USC 2018. 
"(a) REGIONAL MEETINGS.—Prior to publishing any proposed 
regulations under subsection (b)(1), and prior to establishing the 
negotiated rulemaking committee under subsection (b)(3), the Sec-
retary shall convene regional meetings to consult with personnel 
of the Office of Indian Education Programs, educators at Bureau 
schools, and tribal officials, parents, teachers, administrators, and 
school board members of tribes served by Bureau-funded schools 
to provide guidance to the Secretary on the content of regulations 
authorized to be promulgated under this part and the Tribally 
Controlled Schools Act of 1988. 
"(b) NEGOTIATED RULEMAKING.— 
"(1) IN GENERAL.—Notwithstanding sections 563(a) and 
Federal Register, 
565(a) of title 5, United States Code, the Secretary shall promul- publication, 
gate regulations authorized under subsection (a) and under 
the Tribally Controlled Schools Act of 1988, in accordance with 
the negotiated rulemaking procedures provided for under sub-
chapter III of chapter 5 of title 5, United States Code, and 
shall publish final regulations in the Federal Register. 
"(2) 
NOTIFICATION 
TO CONGRESS.—If draft 
regulations 
implementing this part and the Tribally Controlled Schools 
Act of 1988 are not promulgated in final form within 18 months 
after the date of enactment of the Native American Education 
Improvement Act of 2001, the Secretary shall notify the appro-
priate committees of Congress of which draft regulations were 
not promulgated in final form by the deadline and the reason 
such final regulations were not promulgated. 
"(3) RULEMAKING COMMITTEE.—The Secretary shall estab-
lish a negotiated rulemaking committee to carry out this sub-
section. In establishing such committee, the Secretary shall— 
"(A) apply the procedures provided for under sub-
chapter III of chapter 5 of title 5, United States Code, 
in a manner that reflects the unique govemment-to-govern-
ment relationship between Indian tribes and the United 
States; 
"(B) ensure that the membership of the committee 
includes only representatives of the Federal Government 
and of tribes served by Bureau-funded schools; 
"(C) select the tribal representatives of the committee 
from among individuals nominated by the representatives 
of the tribal and tribally operated schools; 
"(D) ensure, to the maximum extent possible, tlmt the 
tribal representative membership on the committee^reflects 
the proportionate share of students from tribes ^rved by 
the Bureau-funded school system; and 
"(E) comply with the Federal Advisory Committee Act 
(5 U.S.C. App.). 
89-194 0 -03- 35 QL 3 Part 2 
115 STAT. 2058 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(4) SPECIAL RULE.—The Secretary shall carry out this 
section using the general administrative funds of the Depart-
ment of the Interior. In accordance with subchapter III of 
chapter 5 of title 5, United States Code, and section 7(d) of 
the Federal Advisory Committee Act, payment of costs associ-
ated with negotiated rulemaking shall include the reasonable 
expenses of committee members. 
"(c) APPLICATION OF SECTION.— 
'\1) SUPREMACY OF PROVISIONS.—The provisions of this 
section shall supersede any conflicting regulations in effect 
on the day before the date of enactment of this part, and 
the Secretary may repeal any regulation that is inconsistent 
with the provisions of this part. 
"(2) MODIFICATIONS.—^The Secretary may modify regula-
tions promulgated under this section or the Tribally Controlled 
Schools Act of 1988, only in accordance with this section. 
25 use 2019. 
"SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM. 
"(a) IN GENERAL.—The Secretary shall provide grants to tribes, 
tribal organizations, and consortia of tribes and tribal organizations 
to fund early childhood development programs that are operated 
by such tribes, organizations, or consortia. 
"(b) AMOUNT OF GRANTS.— 
"(1) IN GENERAL.—The total amount of the grants provided 
under subsection (a) with respect to each tribe, tribal organiza-
tion, or consortium of tribes or tribal organizations for each 
fiscal year shall be equal to the amount which bears the same 
relationship to the total amount appropriated under the 
authority of subsection (g) for such fiscal year (less amounts 
provided under subsection (f)) as— 
"(A) the total number of children under 6 years of age 
who are members of— 
"(i) such tribe; 
"(ii) the tribe that authorized such tribal organiza-
tion; or 
"(iii) any tribe that— 
"(I) is a member of such consortium; or 
"(II) authorizes any tribal organization that 
is a member of such consortium; bears to 
"(B) the total number of all children under 6 years 
of age who are members of any tribe that— 
"(i) is eligible to receive funds under subsection 
(a); 
"(ii) is a member of a consortium that is eligible 
to receive such funds; or 
"(iii) authorizes a tribal organization that is 
eligible to receive such funds. 
"(2) LIMITATION.—No grant may be provided under sub-
section (a)— 
"(A) to any tribe that has less than 500 members; 
"(B) to any tribal organization which is authorized— 
"(i) by only one tribe that has less than 500 mem-
bers; or 
"(ii) by one or more tribes that have a combined 
total membership of less than 500 members; or 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2059 
"(C) to any consortium composed of tribes, or tribal 
organizations authorized by tribes, that have a combined 
total tribal membership of less than 500 members. 
"(c) APPLICATION.— 
"(1) IN GENERAL.—A grant may be provided under sub-
section (a) to a tribe, tribal organization, or consortium of 
tribes and tribal organizations only if the tribe, organization, 
or consortium submits to the Secretary an application for the 
grant at such time and in such form as the Secretary shall 
prescribe. 
"(2) CONTENTS.—^Applications submitted under paragraph 
(1) shall set forth the early childhood development program 
that the applicant desires to operate. 
"(d) REQUIREMENT OF PROGRAMS FUNDED.—The early childhood 
development programs that are funded by grants provided under 
subsection (a)— 
"(1) shall coordinate existing programs and may provide 
services that meet identified needs of parents and children 
under 6 years of age which are not being met by existing 
programs, including— 
"(A) prenatal care; 
"(B) nutrition education; 
"(C) health education and screening; 
"(D) family literacy services; 
"(E) educational testing; and 
"(F) other educational services; 
"(2) may include instruction in the language, art, and cul-
ture of the tribe; and 
"(3) shall provide for periodic assessment of the program. 
"(e) COORDINATION OF FAMILY LITERACY PROGRAMS.—Family 
literacy programs operated under this section and other family 
literacy programs operated by the Bureau of Indian Affairs shall 
be coordinated with family literacy programs for Indian children 
under part B of title I of the Elementary and Secondary Education 
Act of 1965 in order to avoid duplication and to encourage the 
dissemination of information on quality family literacy programs 
serving Indians. 
"(f) ADMINISTRATIVE COSTS.—The Secretary shall, out of funds 
appropriated under subsection (g), include in the grants provided 
under subsection (a) amounts for administrative costs incurred by 
the tribe, tribal organization, or consortium of tribes in establishing 
and maintaining the early childhood development program. 
"(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary. 
"SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION. 
25 USC 2020. 
"(a) IN GENERAL.—Subject to the availability of appropriations, 
the Secretary shall make grants and provide technical assistance 
to tribes for the development and operation of tribal departments 
or divisions of education for the purpose of planning and coordi-
nating all educational programs of the tribe. 
"(b) APPLICATIONS.—For a tribe to be eligible to receive a grant 
under this section, the governing body of the tribe shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require. 
115 STAT. 2060 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(c) DIVERSITY.—^The Secretary shall award grants under this 
section in a manner that fosters geographic and population diver-
sity. 
"(d) USE.—Tribes that receive grants under this section shall 
use the funds made available through the grants— 
"(1) to facilitate tribal control in all matters relating to 
the education of Indian children on reservations (and on former 
Indian reservations in Oklahoma); 
"(2) to provide for the development of coordinated edu-
cational programs (including all preschool, elementary, sec-
ondary, and higher or vocational educational programs funded 
by tribal. Federal, or other sources) on reservations (and on 
former Indian reservations in Oklahoma) by encouraging tribal 
administrative support of all Bureau-funded educational pro-
grams as well as encouraging tribal cooperation and coordina-
tion with entities carrying out all educational programs 
receiving financial support from other Federal agencies, State 
agencies, or private entities; and 
"(3) to provide for the development and enforcement of 
tribal educational codes, including tribal educational policies 
and tribal standards applicable to curriculum, personnel, stu-
dents, facilities, and support programs. 
"(e) PRIORITIES.—In making grants under this section, the Sec-
retary shall give priority to any application that— 
"(1) includes— 
"(A) assurances that the applicant serves three or more 
separate Bureau-funded schools; and 
"(B) assurances from the applicant that the tribal 
department of education to be funded under this section 
will provide coordinating services and technical assistance 
to all of such schools; 
"(2) includes assurances that all education programs for 
which funds are provided by such a contract or grant will 
be monitored and audited, by or through the tribal department 
of education, to ensure that the programs meet the require-
ments of law; and 
"(3) provides a plan and schedule that— 
"(A) provides for— 
"(i) the assumption, by the tribal department of 
education, of all assets and functions of the Bureau 
agency office associated with the tribe, to the extent 
the assets and functions relate to education; and 
"(ii) the termination by the Bureau of such func-
tions and office at the time of such assumption; and 
"(B) provides that the assumption shall occur over 
the term of the grant made under this section, except 
that, when mutually agreeable to the tribal governing body 
and the Assistant Secretary, the period in which such 
assumption is to occur may be modified, reduced, or 
extended after the initial year of the grant. 
"(f) TIME PERIOD OF GRANT.—Subject to the availability of 
appropriated funds, a grant provided under this section shall be 
provided for a period of 3 years. If the performance of the grant 
recipient is satisfactory to the Secretary, the grant may be renewed 
for additional 3-year terms. 
"(g) TERMS, CONDITIONS, OR REQUIREMENTS.—^A tribe that 
receives a grant under this section shall comply with regulations 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2061 
relating to grants made under section 103(a) of the Indian Self-
Determination and Education Assistance Act that are in effect 
on the date that the tribal governing body submits the application 
for the grant under subsection (b). The Secretary shall not impose 
any terms, conditions, or requirements on the provision of grants 
under this section that are not specified in this section. 
"(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $2,000,000. 
"SEC. 1141. DEFINITIONS. 
25 USC 2021. 
"For the purposes of this part, unless otherwise specified: 
"(1) AGENCY SCHOOL BOARD.—The term 'agency school 
board' means a body— 
"(A) the members of which are appointed by all of 
the school boards of the schools located within an agency, 
including schools operated under contract or grant; and 
"(B) the number of such members is determined by 
the Secretary, in consultation with the affected tribes; 
except that, in agencies serving a single school, the school 
board of such school shall fulfill these duties, and in agencies 
having schools or a school operated under contract or grant, 
one such member at least shall be from such a school. 
"(2) BUREAU.—The term 'Bureau' means the Bureau of 
Indian Affairs of the Department of the Interior. 
"(3) BUREAU-FUNDED SCHOOL.—The term 'Bureau-funded 
school' means— 
"(A) a Bureau school; 
"(B) a contract or grant school; or 
"(C) a school for which assistance is provided under 
the Tribally Controlled Schools Act of 1988. 
"(4) BUREAU SCHOOL.—The term 'Bureau school' means 
a Bureau-operated elementary or secondary day or boarding 
school or a Bureau-operated dormitory for students attending 
a school other than a Bureau school. 
"(5) COMPLEMENTARY EDUCATIONAL FACILITIES.—The term 
'complementary educational facilities' means educational pro-
gram functional spaces such as libraries, gymnasiums, and 
cafeterias. 
"(6) CONTRACT OR GRANT SCHOOL.—The term 'contract or 
grant school' means an elementary school, secondary school, 
or dormitory that receives financial assistance for its operation 
under a contract, grant, or agreement with the Bureau under 
section 102, 103(a), or 208 of the Indian Self-Determination 
and Education Assistance Act, or under the Tribally Controlled 
Schools Act of 1988. 
"(7) DIRECTOR.—The term 'Director' means the Director 
of the Office of Indian Education Programs. 
"(8) EDUCATION LINE OFFICER.—The term 'education line 
officer' means a member of the education personnel under the 
supervision of the Director of the Office, whether located in 
a central, area, or agency office. 
"(9) FAMILY LITERACY SERVICES.—The term 'family literacy 
• services' has the meaning given that term in section 8101 
of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8801). 
"(10) FINANCIAL PLAN.—The term 'financial plan' means 
a plan of services provided by each Bureau school. 
115 STAT. 2062 
PUBLIC LAW 107-110-^AN. 8, 2002 
"(11) INDIAN ORGANIZATION.—The term 'Indian organiza-
tion' means any group, association, partnership, corporation, 
or other legal entity owned or controlled by a federally recog-
nized Indian tribe or tribes, or a majority of whose members 
are members of federally recognized tribes. 
"(12) INHERENTLY FEDERAL FUNCTIONS.—The term 'inher-
ently Federal functions' means functions and responsibilities 
which, under section 1126(c), are noncontractable, including— 
"(A) the allocation and obligation of Federal funds and 
determinations as to the amounts of expenditures; 
"(B) the administration of Federal personnel laws for 
Federal employees; 
"(C) the administration of Federal contracting and 
grant laws, including the monitoring and auditing of con-
tracts and grants in order to maintain the continuing trust, 
programmatic, and fiscal responsibilities of the Secretary; 
"(D) the conducting of administrative hearings and 
deciding of administrative appeals; 
"(E) the determination of the Secretary's views and 
recommendations concerning administrative appeals or 
litigation and the representation of the Secretary in 
administrative appeals and litigation; 
"(F) the issuance of Federal regulations and policies 
as well as any documents published in the Federal Register; 
"(G) reporting to Congress and the President; 
"(H) the formulation of the Secretary's and the Presi-
dent's policies and their budgetary and legislative rec-
ommendations and views; and 
"(I) the nondelegable statutory duties of the Secretary 
relating to trust resources. 
"(13) LOCAL EDUCATIONAL AGENCY.—The term 'local edu-
cational agency' means a board of education or other legally 
constituted local school authority having administrative control 
and direction of free public education in a county, township, 
or independent or other school district located within a State, 
and includes any State agency that directly operates and main-
tains facilities for providing free public education. 
"(14) LOCAL SCHOOL BOARD.—^The term 'local school board', 
when used with respect to a Bureau school, means a body 
chosen in accordance with the laws of the tribe to be served 
or, in the absence of such laws, elected by the parents of 
the Indian children attending the school, except that, for a 
school serving a substantial number of students from different 
tribes— 
"(A) the members of the body shall be appointed by 
the tribal governing bodies of the tribes affected; and 
"(B) the number of such members shall be determined 
by the Secretary in consultation with the affected tribes. 
"(15) OFFICE.—The term 'Office' means the Office of Indian 
Education Programs within the Bureau. 
"(16) REGULATION.— 
"(A) IN GENERAL.—The term 'regulation' means any 
part of a statement of general or particular applicability 
of the Secretary designed to carry out, interpret, or pre-
scribe law or policy in carrying out this Act. 
"(B) 
RULE OF CONSTRUCTION.—Nothing in subpara-
graph (A) or any other provision of this title shall be 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. .2063 
construed to prohibit the Secretary from issuing guidance, 
internal directives, or other documents similar to the docu-
ments found in the Indian Affairs Manual of the Bureau 
of Indian Affairs. 
"(17) SECRETARY.—The term 'Secretary' means the Sec-
retary of the Interior. 
"(18) SUPERVISOR.—The term 'supervisor' means the indi-
vidual in the position of ultimate authority at a Bureau school. 
"(19) TRIBAL GOVERNING BODY.—The term 'tribal governing 
body' means, with respect to any school, the tribal governing 
body, or tribal governing bodies, that represent at least 90 
percent of the students served by such school. 
"(20) TRIBE.—The term 'tribe' means any Indian tribe, 
band, nation, or other organized group or community, including 
an Alaska Native Regional Corporation or Village Corporation 
(as defined in or established pursuant to the Alaska Native 
Claims Settlement Act), which is recognized as eligible for 
the special programs and services provided by the United States 
to Indians because of their status as Indians.". 
SEC. 1043. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988. 
The Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 
et seq.) is amended by striking sections 5202 through 5212 and 
inserting the following new sections: 
"SEC. 5202. DECLARATION OF POLICY. 
25 USC 2501. 
"(a) RECOGNITION.—Congress recognizes that the Indian Self-
Determination and Education Assistance Act, which was a product 
of the legitimate aspirations and a recognition of the inherent 
authority of Indian nations, was and is a crucial positive step 
toward tribal and community control and that the United States 
has an obligation to assure maximum Indian participation in the 
direction of educational services so as to render the persons admin-
istering such services and the services themselves more responsive 
to the needs and desires of Indian communities. 
"(b) COMMITMENT.—Congress declares its commitment to the 
maintenance of the Federal Government's unique and continuing 
trust relationship with and responsibility to the Indian people for 
the education of Indian children through the establishment of a 
meaningful Indian self-determination policy for education that will 
deter further perpetuation of Federal bureaucratic domination of 
programs. 
"(c) NATIONAL GOAL.—Congress declares that a national goal 
of the United States is to provide the resources, processes, and 
structure that will enable tribes and local communities to obtain 
the quantity and quality of educational services and opportunities 
that will permit Indian children— 
"(1) to compete and excel in areas of their choice; and 
"(2) to achieve the measure of self-determination essential 
to their social and economic well-being. 
"(d) EDUCATIONAL NEEDS.—Congress affirms— 
"(1) true self-determination in any society of people is 
dependent upon an educational process that will ensure the 
development of qualified people to fulfill meaningful leadership 
roles; 
"(2) that Indian people have special and unique educational 
needs, including the need for programs to meet the linguistic 
and cultural aspirations of Indian tribes and communities; and 
115 STAT. 2064 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(3) that those needs may best be met through a grant 
process. 
"(e) FEDERAL RELATIONS.—Congress declares a commitment to 
the pohcies described in this section and support, to the full extent 
of congressional responsibility, for Federal relations with the Indian 
nations. 
"(f) TERMINATION.—Congress repudiates and rejects House 
Concurrent Resolution 108 of the 83d Congress and any policy 
of unilateral termination of Federal relations with any Indian 
nation. 
25 use 2502. 
"SEC. 5203. GRANTS AUTHORIZED. 
"(a) IN GENERAL.— 
"(1) ELIGIBILITY.—^The Secretary shall provide grants to 
Indian tribes, and tribal organizations that— 
"(A) operate contract schools under title XI of the Edu-
cation Amendments of 1978 and notify the Secretary of 
their election to operate the schools with assistance under 
this part rather than continuing the schools as contract 
schools; 
"(B) operate other tribally controlled schools eligible 
for assistance under this part and submit applications 
(which are approved by their tribal governing bodies) to 
the Secretary for such grants; or 
"(C) elect to assume operation of Bureau-funded schools 
with the assistance under this part and submit applications 
(which are approved by their tribal governing bodies) to 
the Secretary for such grants. 
"(2) DEPOSIT OF FUNDS.—Grants provided under this part 
shall be deposited into the general operating fund of the tribally 
controlled school with respect to which the grant is made. 
"(3) USE OF FUNDS.— 
"(A) IN GENERAL.—Except as otherwise provided in 
this paragraph, grants provided under this part shall be 
used to defray, at the discretion of the school board of 
the tribally controlled school with respect to which the 
grant is provided, any expenditures for education related 
activities for which any funds that compose the grant may 
be used under the laws described in section 5205(a), 
including expenditures for— 
"(i) school operations, academic, educational, resi-
dential, guidance and counseling, and administrative 
purposes; and 
"(ii) support services for the school, including 
transportation. 
"(B) EXCEPTION.—Grants provided under this part 
may, at the discretion of the school board of the tribally 
controlled school with respect to which such grant is pro-
vided, be used to defray operations and maintenance 
expenditures for the school if any funds for the operation 
and maintenance of the school are allocated to the school 
under the provisions of any of the laws described in section 
5205(a). 
"(b) LIMITATIONS.— 
"(1) ONE GRANT PER TRIBE OR ORGANIZATION PER FISCAL 
YEAR.—^Not more than one grant may be provided under this 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2065 
part with respect to any Indian tribe or tribal organization 
for any fiscal year. 
"(2) NONSECTARIAN USE.—Funds provided under any grant 
made under this part may not be used in connection with 
religious worship or sectarian instruction. 
"(3) ADMINISTRATIVE COSTS LIMITATION.—Funds provided 
under any grant under this part may not be expended for 
administrative costs (as defined in section 1128(h)(1) of the 
Education Amendments of 1978) in excess of the amount gen-
erated for such costs under section 1128 of such Act. 
"(c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOL 
SITES.— 
"(1) IN GENERAL.—In the case of a grantee that operates 
schools at more than one school site, the grantee may expend 
at any school site operated by the grantee not more than 
the lesser o
f
— 
"(A) 10 percent of the funds allocated for another school 
site under section 1128 of the Education Amendments of 
1978;or 
"(B) $400,000 of the funds allocated for another school 
site. 
"(2) DEFINITION OF SCHOOL SITE.—For purposes of this 
subsection, the term 'school site' means the physical location 
and the facilities of an elementary or secondary educational 
or residential program operated by, or under contract or grant 
with, the Bureau for which a discreet student count is identified 
under the funding formula established under section 1127 of 
the Education Amendments of 1978. 
"(d) No REQUIREMENT TO ACCEPT GRANTS.—Nothing in this 
part may be construed— 
"(1) to require a tribe or tribal organization to apply for 
or accept; or 
"(2) to allow any person to coerce any tribe or tribal 
organization to apply for, or accept, 
a grant under this part to plan, conduct, and administer all of, 
or any portion of, any Bureau program. Such applications and 
the timing of such applications shall be strictly voluntary. Nothing 
in this part may be construed as allowing or requiring any grant 
with any entity other than the entity to which the grant is provided. 
"(e) No EFFECT ON FEDERAL RESPONSIBILITY.—Grants provided 
under this part shall not terminate, modify, suspend, or reduce 
the responsibility of the Federal Government to provide a program. 
"(f) RETROCESSION.— 
"(1) IN GENERAL.—^Whenever a tribal governing body 
requests retrocession of any program for which assistance is 
provided under this part, such retrocession shall become effec-
tive upon a date specified by the Secretary that is not later 
than 120 days after the date on which the tribal governing 
body requests the retrocession. A later date may be specified 
if mutually agreed upon by the Secretary and the tribal gov-
erning body. If such a program is retroceded, the Secretary 
shall provide to any Indian tribe served by such program at 
least the same quantity and quality of services that would 
have been provided under such program at the level of funding 
provided under this part prior to the retrocession. 
"(2) STATUS AFTER RETROCESSION.—The tribe requesting 
retrocession shall specify whether the retrocession is to status 
115 STAT. 2066 
PUBLIC LAW 1 0 7 - l l O ^ J A N . 8, 2002 
as a Bureau-operated school or as a school operated under 
contract under the Indian Self-Determination and Education 
Assistance Act. 
"(3) TRANSFER OF EQUIPMENT AND MATERIALS.—Except as 
otherwise determined by the Secretary, the tribe or tribal 
organization operating the program to be retroceded must 
transfer to the Secretary (or to the tribe or tribal organization 
which will operate the program as a contract school) the 
existing equipment and materials which were acquired— 
"(A) with assistance under this part; or 
"(B) upon assumption of operation of the program 
under this part, if the school was a Bureau-funded school 
under title XI of the Education Amendments of 1978 before 
receiving assistance under this part. 
"(g) PROHIBITION OF TERMINATION FOR ADMINISTRATIVE CON-
VENIENCE.—Grants provided under this part may not be terminated, 
modified, suspended, or reduced solely for the convenience of the 
administering agency. 
25 use 2503. 
"SEC. 5204. COMPOSITION OF GRANTS. 
"(a) IN GENERAL.—The grant provided under this part to an 
Indian tribe or tribal organization for any fiscal year shall consist 
of— 
"(1) the total amount of funds allocated for such fiscal 
year under sections 1127 and 1128 of the Education Amend-
ments of 1978 with respect to the tribally controlled schools 
eligible for assistance under this part which are operated by 
such Indian tribe or tribal organization, including, but not 
limited to, funds provided under such sections, or under any 
other provision of law, for transportation costs; 
"(2) to the extent requested by such Indian tribe or tribal 
organization, the total amount of funds provided from oper-
ations and maintenance accounts and, notwithstanding section 
105 of the Indian Self-Determination Act, or any other provision 
of law, other facilities accounts for such schools for such fiscal 
year (including but not limited to those referenced under section 
1126(d) of the Education Amendments of 1978 or any other 
law); and 
"(3) the total amount of funds that are allocated to such 
schools for such fiscal year under— 
"(A) title I of the Elementary and Secondary Education 
Act of 1965; 
"(B) the Individuals with Disabilities Education Act; 
and 
"(C) any other Federal education law, that are allocated 
to such schools for such fiscal year. 
"(b) SPECIAL RULES.— 
"(1) IN GENERAL.— 
"(A) APPLICABILITY OF CERTAIN LAWS.—Funds allocated 
to a tribally controlled school by reason of paragraph (1) 
or (2) of subsection (a) shall be subject to the provisions 
of this part and shall not be subject to any additional 
restriction, priority, or limitation that is imposed by the 
Bureau with respect to funds provided under— 
"(i) title I of the Elementary and Secondary Edu-
cation Act of 1965; 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2067 
"(ii) the Individuals with DisabiUties Education 
Act; or 
"(iii) any Federal education law other than title 
XI of the Education Amendments of 1978. 
"(B) 
APPLICABILITY OF BUREAU PROVISIONS.—Indian 
tribes and tribal organizations to which grants are provided 
under this part, and tribally controlled schools for which 
such grants are provided, shall not be subject to any 
requirements, 
obligations, 
restrictions, 
or 
limitations 
imposed by the Bureau that would otherwise apply solely 
by reason of the receipt of funds provided under any law 
referred to in clause (i), (ii), or (iii) of subparagraph (A). 
"(2) 
SCHOOLS CONSIDERED CONTRACT SCHOOLS.—Tribally 
controlled schools for which grants are provided under this 
part shall be treated as contract schools for the purposes of 
allocation of funds under sections 1126(e), 1127, and 1128 of 
the Education Amendments of 1978. 
"(3) SCHOOLS CONSIDERED BUREAU SCHOOLS.—Tribally con-
trolled schools for which grants are provided under this chapter 
shall be treated as Bureau schools for the purposes of allocation 
of funds provided under— 
"(A) title I of the Elementary and Secondary Education 
Act of 1965; 
"(B) the Individuals with Disabilities Education Act; 
and 
"(C) any other Federal education law, that are distrib-
uted through the Bureau. 
"(4) ACCOUNTS; USE OF CERTAIN FUNDS.— 
"(A) SEPARATE ACCOUNT.— 
"(i) 
IN 
GENERAL.—Notwithstanding 
section 
5204(a)(2), with respect to funds 
from 
facilities 
improvement and repair, alteration and renovation 
(major or minor), health and safety, or new construc-
tion accounts included in the grant provided under 
section 5204(a), the grant recipient shall maintain a 
separate account for such funds. 
"(ii) SUBMISSION OF ACCOUNTING.—^At the end 
of 
the period designated for the work covered by the 
funds received, the grant recipient shall submit to 
the Secretary a separate accounting of the work done 
and the funds expended. 
"(iii) USE OF FUNDS.—Funds received from those 
accounts may only be used for the purpose for which 
the funds were appropriated and for the work encom-
passed by the application or submission for which the 
funds were received. 
"(iv) COMPLETION OF PROJECT.—Upon completion 
of a project for which a separate account is established 
under this paragraph, the portion of the grant related 
to such project may be closed out upon agreement 
by the grantee and the Secretary. 
"(B) REQUIREMENTS FOR PROJECTS.— 
"(i) REGULATORY REQUIREMENTS.—^With respect to 
a grant to a tribally controlled school under this part 
for new construction or facilities improvements and 
repair in excess of $100,000, such grant shall be subject 
to the Administrative and Audit Requirements and 
115 STAT. 2068 
PUBLIC LAW 107-110—JAN. 8, 2002 
Cost Principles for Assistance Programs contained in 
part 12 of title 43, Code of Federal Regulations. 
"(ii) 
EXCEPTION.—Notwithstanding 
clause 
(i), 
grants described in such clause shall not be subject 
to section 12.61 of title 43, Code of Federal Regulations. 
The Secretary and the grantee shall negotiate and 
determine a schedule of payments for the work to 
be performed. 
"(iii) APPLICATIONS.—In considering applications 
for a grant described in clause (i), the Secretary shall 
consider whether the Indian tribe or tribal organization 
involved would be deficient in ensuring that the 
construction projects under the proposed grant conform 
to applicable building standards and codes and Federal, 
tribal, or State health and safety standards as required 
under section 1124 of the Education Amendments of 
1978 (25 U.S.C. 2005(a)) with respect to organizational 
and financial management capabilities. 
"(iv) DISPUTES.—^Any disputes between the Sec-
retary and any grantee concerning a grant described 
in clause (i) shall be subject to the dispute provisions 
contained in section 5209(e). 
"(C) NEW CONSTRUCTION.—Notwithstanding subpara-
graph (A), a school receiving a grant under this part for 
facilities improvement and repair may use such grant funds 
for new construction if the tribal governing body or tribal 
organization that submits the application for the grant 
provides funding for the new construction equal to at least 
25 percent of the total cost of such new construction. 
"(D) PERIOD.—In a case in which the appropriations 
measure under which the funds described in subparagraph 
(A) are made available or the application submitted for 
the funds does not stipulate a period for the work covered 
by the funds, the Secretary and the grant recipient shall 
consult and determine such a period prior to the transfer 
of the funds. A period so determined may be extended 
upon mutual agreement of the Secretary and the grant 
recipient. 
"(5) ENFORCEMENT OF REQUEST TO INCLUDE FUNDS.— 
"(A) IN GENERAL.—If the Secretary fails to carry out 
a request filed by an Indian tribe or tribal organization 
to include in such tribe or organization's grant under this 
part the funds described in subsection (a)(2) within 180 
days after the filing of the request, the Secretary shall— 
"(i) be deemed to have approved such request; 
and 
"(ii) immediately upon the expiration of such 180-
day period amend the grant accordingly. 
"(B) RIGHTS.—^A tribe or organization described in 
subparagraph (A) may enforce its rights under subsection 
(a)(2) and this paragraph, including rights relating to any 
denial or failure to act on such tribe's or organization's 
request, pursuant to the dispute authority described in 
section 5209(e). 
25 use 2504. 
"SEC. 5205. ELIGIBILITY FOR GRANTS. 
"(a) RULES.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2069 
"(1) IN GENERAL.—^A tribally controlled school is eligible 
for assistance under this part if the school— 
"(A) on April 28, 1988, was a contract school under 
title XI of the Education Amendments of 1978 and the 
tribe or tribal organization operating the school submits 
to the Secretary a written notice of election to receive 
a grant under this part; 
"(B) was a Bureau-operated school under title XI of 
the Education Amendments of 1978 and has met the 
requirements of subsection (b); 
"(C) is a school for which the Bureau has not provided 
funds, but which has met the requirements of subsection 
(c); or 
"(D) is a school with respect to which an election has 
been made under paragraph (2) and which has met the 
requirements of subsection (b). 
"(2) NEW SCHOOLS.—^Any application which has been sub-
mitted under the Indian Self-Determination and Education 
Assistance Act by an Indian tribe for a school which is not 
in operation on the date of enactment of the Native American 
Education Improvement Act of 2001 shall be reviewed under 
the guidelines and regulations for applications submitted under 
the Indian Self-Determination and Education Assistance Act 
that were in effect at the time the application was submitted, 
unless the Indian tribe or tribal organization elects to have 
the application reviewed under the provisions of subsection 
(b). 
"(b) ADDITIONAL REQUIREMENTS FOR BUREAU-FUNDED SCHOOLS 
AND CERTAIN ELECTING SCHOOLS.— 
"(1) BUREAU-FUNDED SCHOOLS.—^A school that was a 
Bureau-funded school under title XI of the Education Amend-
ments of 1978 on the date of enactment of the Native American 
Education Improvement Act of 2001 and any school with respect 
to which an election is made under subsection (a)(2), meets 
the requirements of this subsection i
f
— 
"(A) the Indian tribe or tribal organization that oper-
ates, or desires to operate, the school submits to the Sec-
retary an application requesting that the Secretary— 
"(i) transfer operation of the school to the Indian 
tribe or tribal organization, if the Indian tribe or tribal 
organization is not already operating the school; and 
"(ii) make a determination as to whether the school 
, 
is eligible for assistance under this part; and 
"(B) the Secretary makes a determination that the 
school is eligible for assistance under this part. 
"(2) CERTAIN ELECTING SCHOOLS.— 
"(A) IN GENERAL.—By not later than the date that 
is 120 days after the date on which an application is 
submitted to the Secretary under paragraph (1)(A), the 
Secretary shall determine— 
"(i) in the case of a school which is not being 
operated by the Indian tribe or tribal organization, 
whether to transfer operation of the school to the 
Indian tribe or tribal organization; and 
, 
"(ii) whether the school is eligible for assistance 
under this part. 
115 STAT. 2070 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(B) OTHER DETERMINATIONS.—In considering applica-
tions submitted under paragraph (1)(A), the Secretary— 
"(i) shall transfer operation of the school to the 
Indian tribe or tribal organization, if the tribe or tribal 
organization is not already operating the school; and 
"(ii) shall determine that the school is eligible for 
assistance under this part, unless the Secretary finds 
by clear and convincing evidence that the services to 
be provided by the Indian tribe or tribal organization 
will be deleterious to the welfare of the Indians served 
by the school. 
"(C) 
CONSIDERATIONS.—In considering 
applications 
submitted under paragraph (1)(A), the Secretary shall con-
sider whether the Indian tribe or tribal organization would 
be deficient in operating the school with respect to— 
"(i) equipment; 
"(ii) bookkeeping and accounting procedures; 
"(iii) ability to adequately manage a school; or 
"(iv) adequately trained personnel. 
"(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT 
A BUREAU-FUNDED SCHOOL.— 
"(1) IN GENERAL.—^A school which is not a Bureau-funded 
school under title XI of the Education Amendments of 1978 
meets the requirements of this subsection if— 
"(A) the Indian tribe or tribal organization that oper-
ates, or desires to operate, the school submits to the Sec-
retary an application requesting a determination by the 
Secretary as to whether the school is eligible for assistance 
under this part; and 
"(B) the Secretary makes a determination that a school 
is eligible for assistance under this part. 
"(2) DEADLINE FOR DETERMINATION BY SECRETARY.— 
"(A) IN GENERAL.—By not later than the date that 
is 180 days after the date on which an application is 
submitted to the Secretary under paragraph (1)(A), the 
Secretary shall determine whether the school is eligible 
for assistance under this part. 
"(B) CONSIDERATIONS,—In making the determination 
under subparagraph (A), the Secretary shall give equal 
consideration to each of the following factors: 
"(i) With respect to the applicant's proposal— 
"(I) the adequacy of facilities or the potential 
to obtain or provide adequate facilities; 
"(II) geographic and demographic factors in 
the affected areas; 
"(III) adequacy of the applicant's program 
plans; 
"(IV) geographic proximity of comparable 
public education; and 
"(V) the needs as expressed by all affected 
parties, including but not limited to students, fami-
lies, tribal governments at both the central and 
local levels, and school organizations, 
"(ii) With respect to all education services already 
available— 
"(I) geographic and demographic factors in the 
affected areas; 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2071 
"(II) adequacy and comparability of programs 
already available; 
"(III) consistency of available programs with 
tribal education codes or tribal legislation on edu-
cation; and 
"(IV) the history and success of these services 
for the proposed population to be served, as deter-
mined from all factors including, if relevant, 
standardized examination performance. 
"(C) GEOGRAPHIC PROXIMITY.—The Secretary may not 
make a determination under this paragraph that is pri-
marily based upon the geographic proximity of comparable 
public education. 
"(D) 
OTHER 
INFORMATION.—^Applications 
submitted 
under paragraph (1)(A) shall include information on the 
factors described in subparagraph (B)(i), but the applicant 
may also provide the Secretary such information relative 
to the factors described in subparagraph (B)(ii) as the 
applicant considers appropriate. 
"(E) DEADLINE.—If the Secretary fails to make a deter-
mination under subparagraph (A) with respect to an 
application within 180 days after the date on which the 
Secretary received the application, the Secretary shall be 
treated as having made a determination that the tribally 
controlled school is eligible for assistance under the title 
and the grant shall become effective 18 months after the 
date on which the Secretary received the application, or 
on an earlier date, at the Secretary's discretion. 
"(d) FILING OF APPLICATIONS AND REPORTS.— 
"(1) IN GENERAL.—^All applications and reports submitted 
to the Secretary under this part, and any amendments to 
such applications or reports, shall be filed with the education 
line officer designated by the Director of the Office of Indian 
Education Programs of the Bureau of Indian Affairs. The date 
on which such filing occurs shall, for purposes of this part, 
be treated as the date on which the application or amendment 
was submitted to the Secretary. 
"(2) SUPPORTING DOCUMENTATION.—^Any application that 
is submitted under this chapter shall be accompanied by a 
document indicating the action taken by the tribal governing 
body in authorizing such application. 
"(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS.—Except as 
provided by subsection (c)(2)(E), a grant provided under this part, 
and any transfer of the operation of a Bureau school made under 
subsection (b), shall become effective beginning the academic year 
succeeding the fiscal year in which the application for the grant 
or transfer is made, or at an earlier date determined by the Sec-
retary. 
"(f) DENIAL OF APPLICATIONS.— 
"(1) IN GENERAL.—Whenever the Secretary refuses to 
approve a grant under this chapter, to transfer operation of 
a Bureau school under subsection (b), or determines that a 
school is not eligible for assistance under this part, the Sec-
retary shall— 
"(A) state the objections in writing to the tribe or 
tribal organization within the allotted time; 
115 STAT. 2072 
PUBLIC LAW 107-llO^JAN. 8, 2002 
"(B) provide assistance to the tribe or tribal organiza-
tion to overcome all stated objections; 
"(C) at the request of the tribe or tribal organization, 
provide the tribe or tribal organization a hearing on the 
record under the same rules and regulations that apply 
under the Indian Self-Determination and Education Assist-
ance Act; and 
"(D) provide an opportunity to appeal the objection 
raised. 
"(2) TIMELINE FOR RECONSIDERATION OF AMENDED APPLICA-
TIONS.—The Secretary shall reconsider any amended applica-
tion submitted under this part within 60 days after the 
amended application is submitted to the Secretary. 
"(g) REPORT.—The Bureau shall submit an annual report to 
the Congress on all applications received, and actions taken 
(including the costs associated with such actions), under this section 
at the same time that the President is required to submit to 
Congress the budget under section 1105 of title 31, United States 
Code. 
25 use 2505. 
"SEC. 5206. DURATION OF ELIGIBILITY DETERMINATION. 
"(a) IN GENERAL.—If the Secretary determines that a tribally 
controlled school is eligible for assistance under this part, the eligi-
bility determination shall remain in effect until the determination 
is revoked by the Secretary, and the requirements of subsection 
(b) or (c) of section 5205, if applicable, shall be considered to 
have been met with respect to such school until the eligibility 
determination is revoked by the Secretary. 
"(b) ANNUAL REPORTS.— 
"(1) IN GENERAL.—Each recipient of a grant provided under 
this part shall complete an annual report which shall be limited 
to— 
"(A) an Emnual financial statement reporting revenue 
and expenditures as defined by the cost accounting estab-
lished by the grantee; 
"(B) an annual financial audit conducted pursuant to 
the standards of the Single Audit Act of 1984; 
"(C) a biennial compliance audit of the procurement 
of personal property during the period for which the report 
is being prepared that shall be in compliance with written 
procurement standards that are developed by the local 
school board; 
"(D) an annual submission to the Secretary of the 
number of students served and a brief description of pro-
grams offered under the grant; and 
"(E) a program evaluation conducted by an impartial 
evaluation review team, to be based on the standards estab-
lished for purposes of subsection (c)(l)(A)(ii). 
"(2) EVALUATION REVIEW TEAMS.—Where appropriate, other 
tribally controlled schools and representatives of tribally con-
trolled community colleges shall make up members of the 
evaluation review teams. 
"(3) EVALUATIONS.—In the case of a school which is accred-
ited, evaluations will be conducted at intervals under the terms 
of accreditation. 
"(4) SUBMISSION OF REPORT.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2073 
"(A) To TRIBAL GOVERNING BODY.—Upon completion 
of the report required under paragraph (1), the recipient 
of the grant shall send (via first class mail, return receipt 
requested) a copy of such annual report to the tribal gov-
erning body (as defined in section 1132(f) of the Education 
Amendments of 1978) of the tribally controlled school. 
"(B) To SECRETARY.—Not later than 30 days after Deadline, 
receiving written confirmation that the tribal governing 
body has received the report sent pursuant to subparagraph 
(A), the recipient of the grant shall send a copy of the 
report to the Secretary. 
"(c) REVOCATION OF ELIGIBILITY.— 
"(1) DETERMINATION OF ELIGIBILITY FOR ASSISTANCE.—The 
Secretary shall not revoke a determination that a school is 
eligible for assistance under this part i
f
— 
"(A) the Indian tribe or tribal organization submits 
the reports required under subsection (b) with respect to 
the school; and 
"(B) at least one of the following clauses applies with 
respect to the school: 
"(i) The school is certified or accredited by a State 
or regional accrediting association or is a candidate 
in good standing for such accreditation under the rules 
of the State or regional accrediting association, showing 
that credits achieved by the students within the edu-
cation programs are, or will be, accepted at grade 
level by a State certified or regionally accredited 
institution. 
"(ii) The Secretary determines that there is a 
reasonable expectation that the certification or accredi-
tation described in clause (i), or candidacy in good 
standing for such certification or accreditation, will 
be achieved by the school within 3 years. The school 
seeking accreditation shall remain under the standards 
of the Bureau in effect on the date of enactment of 
the Native American Education Improvement Act of 
2001 until such time as the school is accredited, except 
that if the Bureau standards are in conflict with the 
standards of the accrediting agency, the standards of 
such agency shall apply in such case. 
"(iii) The school is accredited by a tribal depart-
ment of education if such accreditation is accepted 
by a generally recognized regional or State accredita-
tion agency. 
"(iv)(I) With respect to a school that lacks accredi-
tation, or that is not a candidate for accreditation, 
based on circumstances that are not beyond the control 
of the school board, every 3 years an impartial eval-
uator agreed upon by the Secretary and the grant 
recipient conducts evaluations of the school, and the 
school receives a positive assessment under such 
evaluations. The evaluations are conducted under 
standards adopted by a contractor under a contract 
for the school entered into under the Indian Self-Deter-
mination and Education Assistance Act (or revisions 
of such standards agreed to by the Secretary and the 
115 STAT. 2074 
PUBLIC LAW 107-110-^AN. 8, 2002 
grant recipient) prior to the date of enactment of the 
Native American Education Improvement Act of 2001. 
"(II) If the Secretary and a grant recipient other 
than a tribal governing body fail to agree on such 
an evaluator, the tribal governing body shall choose 
the evaluator or perform the evaluation. If the Sec-
retary and a grant recipient that is a tribal governing 
body fail to agree on such an evaluator, subclause 
(I) shall not apply. 
"(Ill) A positive assessment by an impartial eval-
uator under this clause shall not affect the revocation 
of a determination of eligibility by the Secretary where 
such revocation is based on circumstances that were 
within the control of the school board. 
"(2) NOTICE REQUIREMENTS FOR REVOCATION.—The Sec-
retary shall not revoke a determination that a school is eligible 
for assistance under this part, or reassume control of a school 
that was a Bureau school prior to approval of an application 
submitted under section 5206(b)(1)(A) until the Secretary— 
"(A) provides notice to the tribally controlled school 
and the tribal governing body (within the meaning of sec-
tion 1141 of the Education Amendments of 1978) of the 
tribally controlled school which states— 
"(i) the specific deficiencies that led to the revoca-
tion or resumption determination; and 
"(ii) the actions that are needed to remedy such 
deficiencies; and 
"(B) affords such authority an opportunity to effect 
the remedial actions. 
"(3) TECHNICAL ASSISTANCE.—The Secretary shall provide 
such technical assistance to enable the school and governing 
body to carry out such remedial actions. 
"(4) HEARING AND APPEAL.—In addition to notice and tech-
nical assistance under this subsection, the Secretary shall pro-
vide to the school and governing body— 
"(A) at the request of the school or governing body, 
a hearing on the record regarding the revocation or re-
assumption determination, to be conducted under the rules 
and regulations described in section 5206(f)(1)(C); and 
"(B) an opportunity to appeal the decision resulting 
from the hearing. 
"(d) APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER 
SECTION 5208(b).—With respect to a tribally controlled school that 
receives assistance under this part pursuant to an election made 
under section 5208(b)— 
"(1) subsection (b) of this section shall apply; and 
"(2) the Secretary may not revoke eligibility for assistance 
under this part except in conformance with subsection (c) of 
this section. 
25 use 2506. 
"SEC. 5207. PAYMENT OF GRANTS; INVESTMENT OF FUNDS. 
"(a) PAYMENTS.— 
"(1) IN GENERAL.—Except as otherwise provided in this 
subsection, the Secretary shall make payments to grantees 
under this part in two payments, of which— 
"(A) the first payment shall be made not later than 
July 1 of each year in an amount equal to 80 percent 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2075 
of the amount which the grantee was entitled to receive 
during the preceding academic year; and 
"(B) the second payment, consisting of the remainder 
to which the grantee is entitled for the academic year, 
shall be made not later than December 1 of each year. 
"(2) EXCESS FUNDING.—In a case in which the amount DeadUne. 
provided to a grant recipient under paragraph (1)(A) is in 
excess of the amount that the recipient is entitled to receive 
for the academic year involved, the recipient shall return to 
the Secretary such excess amount not later than 30 days after 
the final determination that the school was overpaid pursuant 
to this section. The amount returned to the Secretary under 
this paragraph shall be distributed equally to all schools in 
the system. 
"(3) NEWLY FUNDED SCHOOLS.—For any school for which 
no payment under this part was made from Bureau funds 
in the preceding academic year, full pa5anent of the amount 
computed for the first academic year of eligibility under this 
part shall be made not later than December 1 of the academic 
year. 
"(4) LATE FUNDING.—^With regard to funds for grantees 
that become available for obligation on October 1 of the fiscal 
year for which such funds are appropriated, the Secretary shall 
make payments to grantees not later than December 1 of the 
fiscal year. 
"(5) APPLICABILITY OF CERTAIN TITLE 3I PROVISIONS.—The 
provisions of chapter 39 of title 31, United States Code, shall 
apply to the payments required to be made by paragraphs 
(1), (3), and (4). 
"(6) RESTRICTIONS.—Paragraphs (1), (3), and (4) shall be 
subject to any restriction on amounts of payments under this 
part that are imposed by a continuing resolution or other Act 
appropriating the funds involved. 
"(b) INVESTMENT OF FUNDS.— 
"(1) TREATMENT OF INTEREST AND INVESTMENT INCOME.— 
Notwithstanding any other provision of law, any interest or 
investment income that accrues to any funds provided under 
this part after such funds are paid to the Indian tribe or 
tribal organization and before such funds are expended for 
the purpose for which such funds were provided under this 
part shall be the property of the Indian tribe or tribal organiza-
tion and shall not be taken into account by any officer or 
employee of the Federal Government in determining whether 
to provide assistance, or the amount of assistance, under any 
provision of Federal law. Such interest income shall be spent 
on behalf of the school. 
"(2) PERMISSIBLE INVESTMENTS.—Funds provided under 
this part may be invested by the Indian tribe or tribal organiza-
tion before such funds are expended for the purposes of this 
part so long as such funds are— 
"(A) invested by the Indian tribe or tribal organization 
only in obligations of the United States, or in obligations 
or securities that are guaranteed or insured by the United 
States, or mutual (or other) funds registered with the Secu-
rities and Exchange Commission and which only invest 
in obligations of the United States, or securities that are 
guaranteed or insured by the United States; or 
115 STAT. 2076 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(B) deposited only into accounts that are insure by 
and agency or instrumentality of the United States, or 
are fully collateralized to ensure protection of the funds, 
even in the event of a bank failure. 
"(c) RECOVERIES.—For the purposes of underrecovery and over-
recovery determinations by any Federal agency for any other funds, 
from whatever source derived, funds received under this part shall 
not be taken into consideration. 
25 use 2507. 
"SEC. 5208. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINA-
TION AND EDUCATION ASSISTANCE ACT. 
"(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—The following 
provisions of the Indian Self-Determination and Education Assist-
ance Act (and any subsequent revisions thereto or renumbering 
thereof), shall apply to grants provided under this part: 
"(1) Section 5(f) (relating to single agency audit). 
"(2) Section 6 (relating to criminal activities; penalties). 
"(3) Section 7 (relating to wage and labor standards). 
"(4) Section 104 (relating to retention of Federal employee 
coverage). 
"(5) Section 105(f) (relating to Federal property). 
"(6) Section 105(k) (relating to access to Federal sources 
of supply). 
"(7) Section 105(1) (relating to lease of facility used for 
administration and delivery of services). 
"(8) Section 106(f) (relating to limitation on remedies 
relating to cost allowances). 
"(9) Section 106(j) (relating to use of funds for matching 
or cost participation requirements). 
"(10) Section 106(k) (relating to allowable uses of funds). 
"(11) Section 108(c) (Model Agreements provisions (l)(a)(5) 
(relating to limitations of costs), (l)(a)(7) (relating to records 
and monitoring), (l)(a)(8) (relating to property), and (a)(l)(9) 
(relating to availability of funds). 
"(12) Section 109 (relating to reassumption). 
"(13) Section 111 (relating to sovereign immunity and 
trusteeship rights unaffected). 
"(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.— 
"(1) IN GENERAL.—Contractors for activities to which this 
part applies who have entered into a contract under the Indian 
Self-Determination and Education Assistance Act that is in 
effect on the date of enactment of the Native American Edu-
cation Improvement Act of 2001 may, by giving notice to the 
Secretary, elect to have the provisions of this part apply to 
such activity in lieu of such contract. 
"(2) EFFECTIVE DATE OF ELECTION.—^Any election made 
under paragraph (1) shall take effect on the first day of July 
immediately following the date of such election. 
"(3) EXCEPTION.—In any case in which the first day of 
July immediately following the date of an election under para-
graph (1) is less than 60 days after such election, such election 
shall not take effect until the first day of July of year following 
the year in which the election is made. 
"(c) No DUPLICATION.—No funds may be provided under any 
contract entered into under the Indian Self-Determination and Edu-
cation Assistance Act to pay any expenses incurred in providing 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2077 
any program or services if a grant has been made under this 
part to pay such expenses. 
"(d) 'KlANSFERS AND CARRYOVERS.— 
"(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATERIALS.—A tribe 
or tribal organization assuming the operation o
f
— 
"(A) a Bureau school with assistance under this part 
shall be entitled to the transfer or use of buildings, equip-
ment, supplies, and materials to the same extent as if 
it were contracting under the Indian Self-Determination 
and Education Assistance Act; or 
"(B) a contract school with assistance under this part 
shall be entitled to the transfer or use of buildings, equip-
ment, supplies, and materials that were used in the oper-
ation of the contract school to the same extent as if it 
were contracting under the Indian Self-Determination and 
Education Assistance Act. 
"(2) FUNDS.—^Any tribe or tribal organization 
which 
assumes operation of a Bureau school with assistance under 
this part and any tribe or tribal organization which elects 
to operate a school with assistance under this part rather 
that to continue as a contract school shall be entitled to any 
funds which would carryover from the previous fiscal year 
as if such school were operated as a contract school. 
"(3) FUNDING FOR SCHOOL IMPROVEMENT.—^Any tribe or 
tribal organization that assumes operation of a Bureau school 
or a contract school with assistance under this part shall be 
eligible for funding for the improvement, alteration, replace-
ment, and repair of facilities to the same extent as a Bureau 
school. 
"(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—^Any exception or 
problem cited in an audit conducted pursuant to section 5206(b)(1), 
any dispute regarding a grant authorized to be made pursuant 
to this part or any amendment to such grant, and any dispute 
involving an administrative cost grant under section 1128 of the 
Education Amendments of 1978 shall be administered under the 
provisions governing such exceptions, problems, or disputes in the 
case of contracts under the Indian Self-Determination and Edu-
cation Assistance Act. The Equal Access to Justice Act shall apply 
to administrative appeals filed after September 8, 1988, by grantees 
regarding a grant under this part, including an administrative 
cost grant. 
"SEC. 5209. ROLE OF THE DIRECTOR. 
25 USC 2508. 
"Applications for grants under this part, and all application 
modifications, shall be reviewed and approved by personnel under 
the direction and control of the Director of the Office of Indian 
Education Programs. Required reports shall be submitted to edu-
cation personnel under the direction and control of the Director 
of such Office. 
"SEC. 5210. REGULATIONS. 
25 USC 2509. 
"The Secretary is authorized to issue regulations relating to 
the discharge of duties specifically assigned to the Secretary in 
this part. For all other matters relating to the details of planning, 
developing, implementing, and evaluating grants under this part, 
the Secretary shall not issue regulations. 
115 STAT. 2078 
PUBLIC LAW 107-110-^AN. 8, 2002 
25 u s e 2510. 
"SEC. 5211. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT 
PROGRAM. 
"(a) IN GENERAL.— 
"(1) ESTABLISHMENT.—Each school receiving a grant under 
this part may estabUsh, at a federally insured financial institu-
tion, a trust fund for the purposes of this section. 
"(2) DEPOSITS AND USE.—The school may provide— 
"(A) for deposit into the trust fund, only funds from 
non-Federal sources, except that the interest on funds 
received from grants provided under this part may be used 
for that purpose; 
"(B) for deposit into the trust fund, any earnings on 
funds deposited in the fund; and 
"(C) for the sole use of the school any noncash, in-
kind contributions of real or personal property, which may 
at any time be used, sold, or otherwise disposed of 
"(b) INTEREST.—Interest from the fund established under sub-
section (a) may periodically be withdrawn and used, at the discre-
tion of the school, to defray any expenses associated with the 
operation of the school consistent with the purposes of this Act. 
25 u s e 2511. 
"SEC. 5212. DEFINITIONS. 
"In this part: 
"(1) BUREAU.—The term 'Bureau' means the Bureau of 
Indian Affairs of the Department of the Interior. 
"(2) ELIGIBLE INDIAN STUDENT.—The term 'eligible Indian 
student' has the meaning given such term in section 1127(f) 
of the Education Amendments of 1978. 
"(3) INDIAN.—The term 'Indian' means a member of an 
Indian tribe, and includes individuals who are eligible for mem-
bership in a tribe, and the child or grandchild of such an 
individual. 
"(4) INDIAN TRIBE.—The term 'Indian tribe' means any 
Indian tribe, band, nation, or other organized group or commu-
nity, including an Alaska Native Village Corporation or 
Regional Corporation (as defined in or established pursuant 
to the Alaska Native Claims Settlement Act), which is recog-
nized as eligible for the special programs and services provided 
by the United States to Indians because of their status as 
Indians. 
"(5) LOCAL EDUCATIONAL AGENCY.—The term 'local edu-
cational agency' means a public board of education or other 
public authority legally constituted within a State for either 
administrative control or direction of, or to perform a service 
function for, public elementary schools or secondary schools 
in a city, county, township, school district, or other political 
subdivision of a State or such combination of school districts 
or counties as are recognized in a State as an administrative 
agency for the State's public elementary schools or secondary 
schools. Such term includes any other public institution or 
agency having administrative control and direction of a public 
elementary school or secondary school. 
"(6) SECRETARY.—The term 'Secretary' means the Secretary 
of the Interior. 
"(7) TRIBAL GOVERNING BODY.—The term 'tribal governing 
body' means, with respect to any school that receives assistance 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2079 
under this Act, the recognized governing body of the Indian 
tribe involved. 
"(8) TRIBAL ORGANIZATION.— 
"(A) IN GENERAL.—The term 'tribal 
organization' 
means— 
"(i) the recognized governing body of any Indian 
tribe; or 
"(ii) any legally established organization of Indians 
that— 
"(I) is controlled, sanctioned, or chartered by 
such governing body or is democratically elected 
by the adult members of the Indian community 
to be served by such organization; and 
"(II) includes the maximum participation of 
Indians in all phases of the organization's activi-
ties. 
"(B) AUTHORIZATION.—In any case in which a grant 
is provided under this part to an organization to provide 
services through a tribally controlled school benefiting more 
than one Indian tribe, the approval of the governing bodies 
of Indian tribes representing 80 percent of the students 
attending the tribally controlled school shall be considered 
a sufficient tribal authorization for such grant. 
"(9) TRIBALLY CONTROLLED SCHOOL.—The term 'tribally 
controlled school' means a school that— 
"(A) is operated by an Indian tribe or a tribal organiza-
tion, enrolling students in kindergarten through grade 12, 
including a preschool; 
"(B) is not a local educational agency; and 
"(C) is not directly administered by the Bureau of 
Indian Affairs.". 
SEC. 1044. LEASE PAYMENTS BY THE O 
JIBWA INDIAN SCHOOL. 
(a) IN GENERAL.—Notwithstanding the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the regulations 
promulgated under such Act, the Ojibwa Indian School located 
in Belcourt, North Dakota, may use amounts received under such 
Act to enter into, and make payments under, a lease described 
in subsection (b). 
(b) LEASE.—^A lease described in this subsection is a lease 
that— 
(1) is entered into by the Ojibwa Indian School for the 
use of facilities owned by St. Ann's Catholic Church located 
in Belcourt, North Dakota; 
(2) is entered into in the 2001-2002 school year, or any 
other school year in which the Ojibwa Indian School will use 
such facilities for school purposes; 
(3) requires lease payments in an amount determined 
appropriate by an independent lease appraiser that is selected 
by the parties to the lease, except that such amount may 
not exceed the maximum amount per square foot that is being 
paid by the Bureau of Indian Affairs for other similarly situated 
Indian schools under the Indian Self-Determination and Edu-
cation Assistance Act (Public Law 93-638); and 
(4) contains a waiver of the right of St. Ann's Catholic 
Church to bring an action against the Ojibwa Indian School, 
115 STAT. 2080 
PUBLIC LAW 107-110-^AN. 8, 2002 
the Turtle Mountain Band of Chippewa, or the Federal Govern-
ment for the recovery of any amounts remaining unpaid under 
leases entered into prior to the date of enactment of this Act. 
(c) METHOD OF FUNDING.—^Amounts shall be made available 
by the Bureau of Indian Affairs to make lease payments under 
this section in the same manner as amounts are made available 
to make payments under leases entered into by Indian schools 
under the Indian Self-Determination and Education Assistance Act 
(Public Law 93-638). 
(d) OPERATION AND MAINTENANCE FUNDING.—The Bureau of 
Indian Affairs shall provide funding for the operation and mainte-
nance of the facilities and property used by the Ojibwa Indian 
School under the lease entered into under subsection (a) so long 
as such facilities and property are being used by the School for 
educational purposes. 
SEC. 1045. ENROLLMENT AND GENERAL ASSISTANCE PAYMENTS. 
Section 5404(a) of the Augustus F. Hawkins-Robert T. Stafford 
Elementary and Secondary School Improvement Amendments of 
1988 (25 U.S.C. 13d-2(a)) is amended— 
(1) by striking the matter preceding paragraph (1) and 
inserting the following: 
"(a) IN GENERAL.—The Secretary of the Interior shall not dis-
qualify from continued receipt of general assistance payments from 
the Bureau of Indian Affairs an otherwise eligible Indian for whom 
the Bureau is making or may make general assistance payments 
(or exclude such an individual from continued consideration in 
determining the amount of general assistance payments for a house-
hold) because the individual is enrolled (and is making satisfactory 
progress toward completion of a program or training that can 
reasonably be expected to lead to gainful employment) for at least 
half-time study or training in—"; and 
(2) by striking paragraph (4), and inserting the following: 
"(4) other programs or training approved by the Secretary 
or by tribal education, employment or training programs.". 
PART E—HIGHER EDUCATION ACT OF 1965 
SEC. 1051. PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY. 
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 
et seq.) is amended— 
(1) by striking the title heading and inserting the following: 
"TITLE II—TEACHER QUALITY 
ENHANCEMENT 
"PART A—TEACHER QUALITY ENHANCEMENT 
GRANTS FOR STATES AND PARTNERSHIPS"; 
20 use 1021- 
(2) by striking "this title" each place it appears and 
1030. 
inserting "this part"; and 
(3) by adding at the end the following: 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2081 
"PART B—PREPARING TOMORROWS 
TEACHERS TO USE TECHNOLOGY 
"SEC. 221. PURPOSE AND PROGRAM AUTHORITY. 
20USC1041. 
"(a) PURPOSE.—It is the purpose of this part to assist consortia 
of pubUc and private entities— 
"(1) to carry out programs that prepare prospective teachers 
to use advanced technology to prepare all students to meet 
challenging State and local academic content and student aca-
demic achievement standards; and 
"(2) to improve the ability of institutions of higher education 
to carry out such programs. 
"(b) PROGRAM AUTHORITY.— 
"(1) IN GENERAL.—The Secretary is authorized to award Grants, 
grants to eligible applicants, or enter into contracts or coopera- Contracts. 
tive agreements with eligible applicants, on a competitive basis 
in order to pay for the Federal share of the cost of projects 
to develop or redesign teacher preparation programs to enable 
prospective teachers to use advanced technology effectively in 
their classrooms. 
"(2) PERIOD OF AWARDS.—The Secretary may award grants, 
or enter into contracts or cooperative agreements, under this 
part for periods that are not more than 5 years in duration. 
"SEC. 222. ELIGIBILITY. 
20 USC 1042. 
"(a) ELIGIBLE APPLICANTS.—In order to receive a grant or enter 
into a contract or cooperative agreement under this part, an 
applicant shall be a consortium that includes the following: 
"(1) At least one institution of higher education that awards 
baccalaureate degrees and prepares teachers for their initial 
entry into teaching. 
"(2) At least one State educational agency or local edu-
cational agency. 
"(3) One or more of the following entities: 
"(A) An institution of higher education (other than 
the institution described in paragraph (1)). 
"(B) A school or department of education at an institu-
tion of higher education. 
"(C) A school or college of arts and sciences (as defined 
in section 201(b)) at an institution of higher education. 
"(D) A professional association, foundation, museum, 
library, for-profit business, public or private nonprofit 
organization, 
community-based 
organization, 
or 
other 
entity, with the capacity to contribute to the technology-
related reform of teacher preparation programs. 
"(b) APPLICATION REQUIREMENTS.—In order to receive a grant 
or enter into a contract or cooperative agreement under this part, 
an eligible applicant shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require. Such application shall include the 
following: 
"(1) A description of the proposed project, including how 
the project would— 
"(A) ensure that individuals participating in the project 
would be prepared to use advanced technology to prepare 
115 STAT. 2082 
PUBLIC LAW 107-110-^AN. 8, 2002 
all students, including groups of students who are under-
represented in technology-related fields and groups of stu-
dents who are economically disadvantaged, to meet chal-
lenging State and local academic content and student aca-
demic achievement standards; and 
"(B) improve the ability of at least one participating 
institution 
of higher 
education 
described in 
section 
222(a)(1) to ensure such preparation. 
"(2) A demonstration of— 
"(A) the commitment, including the financial commit-
ment, of each of the members of the consortium for the 
proposed project; and 
"(B) the active support of the leadership of each 
organization that is a member of the consortium for the 
proposed project. 
"(3) A description of how each member of the consortium 
will participate in project activities. 
"(4) A description of how the proposed project will be contin-
ued after Federal funds are no longer awarded under this 
part for the project. 
"(5) A plan for the evaluation of the project, which shall 
include benchmarks to monitor progress toward specific project 
objectives. 
"(c) MATCHING REQUIREMENTS.— 
"(1) IN GENERAL.—The Federal share of the cost of any 
project funded under this part shall not exceed 50 percent. 
Except as provided in paragraph (2), the non-Federal share 
of the cost of such project may be provided in cash or in 
kind, fairly evaluated, including services. 
"(2) ACQUISITION OF EQUIPMENT.—Not more than 10 per-
cent of the funds awarded for a project under this part may 
be used to acquire equipment, networking capabilities, or infra-
structure, and the non-Federal share of the cost of any such 
acquisition shall be provided in cash. 
20 use 1043. 
"SEC. 223. USE OF FUNDS. 
"(a) REQUIRED USES.—^A consortium that receives a grant or 
enters into a contract or cooperative agreement under this part 
shall use funds made available under this part for— 
"(1) a project creating one or more programs that prepare 
prospective teachers to use advanced technology to prepare 
all students, including groups of students who are underrep-
resented in technology-related fields and groups of students 
who are economically disadvantaged, to meet challenging State 
and local academic content and student academic achievement 
standards; and 
"(2) evaluating the effectiveness of the project. 
"(b) PERMISSIBLE USES.—The consortium may use funds made 
available under this part for a project, described in the application 
submitted by the consortium under this part, that carries out the 
purpose of this part, such as the following: 
"(1) Developing and implementing high-quality teacher 
preparation programs that enable educators— 
"(A) to learn the full range of resources that can be 
accessed through the use of technology; 
"(B) to integrate a variety of technologies into curricula 
and instruction in order to expand students' knowledge; 
PUBLIC LAW 107-110-JAN. 8, 2002 
115 STAT. 2083 
"(C) to evaluate educational technologies and their 
potential for use in instruction; 
"(D) to help students develop their technical skills; 
and 
"(E) to use technology to collect, manage, and analyze 
data to improve teaching and decisionmaking. 
"(2) Developing alternative teacher development paths that 
provide elementary schools and secondary schools with well-
prepared, technology-proficient educators. 
"(3) Developing achievement-based standards and assess-
ments aligned with the standards to measure the capacity 
of prospective teachers to use technology effectively in their 
classrooms. 
"(4) Providing technical assistance to entities carrying out 
other teacher preparation programs. 
"(5) Developing and disseminating resources and informa-
tion in order to assist institutions of higher education to prepare 
teachers to use technology effectively in their classrooms. 
"(6) Subject to section 222(c)(2), acquiring technology equip-
ment, networking capabilities, infrastructure, software, and dig-
ital curricula to carry out the project. 
"SEC. 224. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 1044. 
"There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 2002 
and 2003.". 
SEC. 1052. CONTINUATION OF AWARDS. 
20 USC 6301 
Notwithstanding any other provision of this Act or the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.), in the case of a person or entity that was awarded a 
grant, relating to preparing tomorrow's teachers to use technology, 
that was made pursuant to section 3122 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6832) prior to the 
date of enactment of this Act, the Secretary of Education shall 
continue to provide funds in accordance with the terms of such 
award until the date on which the award period terminates. 
PART F—GENERAL EDUCATION PROVISIONS 
ACT 
SEC. 1061. STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, 
AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINA-
TIONS TO MINORS. 
Section 445(b) of the General Education Provisions Act (20 
U.S.C. 1232h(b)) is amended— 
(1) by striking paragraphs (1) through (7) and inserting 
the following new paragraphs: 
"(1) political affiliations or beliefs of the student or the 
student's parent; 
"(2) mental or psychological problems of the student or 
the student's family; 
"(3) sex behavior or attitudes; 
"(4) illegal, anti-social, self-incriminating, or demeaning 
behavior; 
"(5) critical appraisals of other individuals with whom 
respondents have close family relationships; 
115 STAT. 2084 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(6) legally recognized privileged or analogous relationships, 
such as those of lawyers, physicians, and ministers; 
"(7) religious practices, affiliations, or beliefs of the student 
or student's parent; or 
"(8) income (other than that required by law to determine 
eligibility for participation in a program or for receiving finan-
cial assistance under such program),"; 
(2) by redesignating subsections (c) through (e) as sub-
sections (d) through (f), respectively; and 
(3) by inserting after subsection (b) the following new sub-
section: 
"(c) DEVELOPMENT OF LOCAL POLICIES CONCERNING STUDENT 
PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION 
OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.— 
"(1) DEVELOPMENT AND ADOPTION OF LOCAL POLICIES.— 
Except as provided in subsections (a) and (b), a local educational 
agency that receives funds under any applicable program shall 
develop and adopt policies, in consultation with parents, 
regarding the following: 
"(A)(i) The right of a parent of a student to inspect, 
upon the request of the parent, a survey created by a 
third party before the survey is administered or distributed 
by a school to a student; and 
"(ii) any applicable procedures for granting a request 
by a parent for reasonable access to such survey within 
a reasonable period of time after the request is received. 
"(B) Arrangements to protect student privacy that are 
provided by the agency in the event of the administration 
or distribution of a survey to a student containing one 
or more of the following items (including the right of a 
parent of a student to inspect, upon the request of the 
parent, any survey containing one or more of such items): 
"(i) Political affiliations or beliefs of the student 
or the student's parent. 
"(ii) Mental or psychological problems of the stu-
dent or the student's family. 
"(iii) Sex behavior or attitudes. 
"(iv) Illegal, 
anti-social, 
self-incriminating, 
or 
demeaning behavior. 
"(v) Critical appraisals of other individuals with 
whom respondents have close family relationships. 
"(vi) Legally recognized privileged or analogous 
relationships, such as those of lawyers, physicians, and 
ministers. 
"(vii) Religious practices, affiliations, or beliefs of 
the student or the student's parent. 
"(viii) Income (other than that required by law 
to determine eligibility for participation in a program 
or for receiving financial assistance under such pro-
gram). 
"(C)(i) The right of a parent of a student to inspect, 
upon the request of the parent, any instructional material 
used as part of the educational curriculum for the student; 
and 
"(ii) any applicable procedures for granting a request 
by a parent for reasonable access to instructional material 
PUBLIC LAW 107-110—JAN. 8, 2002 
115 STAT. 2085 
within a reasonable period of time after the request is 
received. 
"(D) The administration of physical examinations or 
screenings that the school or agency may administer to 
a student. 
"(E) The collection, disclosure, or use of personal 
information collected from students for the purpose of mar-
keting or for selling that information (or otherwise pro-
viding that information to others for that purpose), 
including arrangements to protect student privacy that 
are provided by the agency in the event of such collection, 
disclosure, or use. 
"(F)(i) The right of a parent of a student to inspect, 
upon the request of the parent, any instrument used in 
the collection of personal information under subparagraph 
(E) before the instrument is administered or distributed 
to a student; and 
"(ii) any applicable procedures for granting a request 
by a parent for reasonable access to such instrument within 
a reasonable period of time after the request is received. 
"(2) PARENTAL NOTIFICATION.— 
"(A) NOTIFICATION OF POLICIES.—The policies devel-
oped by a local educational agency under paragraph (1) 
shall provide for reasonable notice of the adoption or contin-
ued use of such policies directly to the parents of students 
enrolled in schools served by that agency. At a minimum, 
the agency shall— 
"(i) provide such notice at least annually, at the 
beginning of the school year, and within a reasonable 
period of time after any substantive change in such 
policies; and 
"(ii) offer an opportunity for the parent (and for 
purposes of an activity described in subparagraph 
(C)(i), in the case of a student of an appropriate age, 
the student) to opt the student out of participation 
in an activity described in subparagraph (C). 
"(B) NOTIFICATION OF SPECIFIC EVENTS.—The local edu-
cational agency shall directly notify the parent of a student, 
at least annually at the beginning of the school year, of 
the specific or approximate dates during the school year 
when activities described in subparagraph (C) are sched-
uled, or expected to be scheduled. 
"(C) ACTIVITIES REQUIRING NOTIFICATION.—The fol-
lowing activities require notification under this paragraph: 
"(i) Activities involving the collection, disclosure, 
or use of personal information collected from students 
for the purpose of marketing or for selling that informa-
tion (or otherwise providing that information to others 
for that purpose). 
"(ii) The administration of any survey containing 
one or more items described in clauses (i) through 
(viii) of paragraph (1)(B). 
"(iii) Any nonemergency, invasive physical exam-
ination or screening that is— 
"(I) required as a condition of attendance; 
"(II) administered by the school £ind scheduled 
by the school in advance; and 
115 STAT. 2086 
PUBLIC LAW 107-110—JAN. 8, 2002 
"(III) not necessary to protect the immediate 
health and safety of the student, or of other stu-
dents. 
"(3) EXISTING POLICIES.—^A local educational agency need 
not develop and adopt new policies if the State educational 
agency or local educational agency has in place, on the date 
of enactment of the No Child Left Behind Act of 2001, policies 
covering the requirements of paragraph (1). The agency shall 
provide reasonable notice of such existing policies to parents 
and guardians of students, in accordance with paragraph (2). 
"(4) EXCEPTIONS.— 
"(A) EDUCATIONAL PRODUCTS OR SERVICES.—Paragraph 
(1)(E) does not apply to the collection, disclosure, or use 
of personal information collected from students for the 
exclusive purpose of developing, evaluating, or providing 
educational products or services for, or to, students or 
educational institutions, such as the following: 
"(i) College or other postsecondary 
education 
recruitment, or military recruitment. 
"(ii) Book clubs, magazines, and programs pro-
viding access to low-cost literary products. 
"(iii) Curriculum and instructional materials used 
by elementary schools and secondary schools. 
"(iv) Tests and assessments used by elementary 
schools and secondary schools to provide cognitive, 
evaluative, diagnostic, clinical, aptitude, or achieve-
ment information about students (or to generate other 
statistically useful data for the purpose of securing 
such tests and assessments) and the subsequent anal-
ysis and public release of the aggregate data from 
such tests and assessments. 
"(v) The sale by students of products or services 
to raise funds for school-related or education-related 
activities. 
"(vi) Student recognition programs. 
"(B) STATE LAW EXCEPTION.—The provisions of this 
subsection— 
"(i) shall not be construed to preempt applicable 
provisions of State law that require parental notifica-
tion; and 
"(ii) do not apply to any physical examination or 
screening that is permitted or required by an applicable 
State 
law, 
including 
physical 
examinations 
or 
screenings 
that 
are 
permitted 
without 
parental 
notification. 
"(5) GENERAL PROVISIONS.— 
"(A) RULES OF CONSTRUCTION.— 
"(i) This section does not supersede section 444. 
"(ii) Paragraph (1)(D) does not apply to a survey 
administered to a student in accordance with the 
Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.). 
"(B) STUDENT RIGHTS.—The rights provided to parents 
under this section transfer to the student when the student 
turns 18 years old, or is an emancipated minor (under 
an applicable State law) at any age. 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2087 
"(C) INFORMATION ACTIVITIES.—The Secretary shall 
annually inform each State educational agency and each 
local educational agency of the educational agency's obliga-
tions under this section and section 444. 
"(D) FUNDING.—^A State educational agency or local 
educational agency may use funds provided under part 
A of title V of the Elementary and Secondary Education 
Act of 1965 to enhance parental involvement in areas 
affecting the in-school privacy of students. 
"(6) DEFINITIONS.—^As used in this subsection: 
"(A) INSTRUCTIONAL MATERIAL.—The term 'instruc-
tional material' means instructional content that is pro-
vided to a student, regardless of its format, including 
printed or representational materials, audio-visual mate-
rials, and materials in electronic or digital formats (such 
as materials accessible through the Internet). The term 
does not include academic tests or academic assessments. 
"(B) 
INVASIVE 
PHYSICAL 
EXAMINATION.—The 
term 
'invasive physical examination' means any medical exam-
ination that involves the exposure of private body parts, 
or any act during such examination that includes incision, 
insertion, or injection into the body, but does not include 
a hearing, vision, or scoliosis screening. 
"(C) LOCAL EDUCATIONAL AGENCY.—The term 'local 
educational agency' means an elementary school, secondary 
school, school district, or local board of education that 
is the recipient of funds under an applicable program, 
but does not include a postsecondary institution. 
"(D) PARENT.—The term 'parent' includes a legal 
guardian or other person standing in loco parentis (such 
as a grandparent or stepparent with whom the child lives, 
or a person who is legally responsible for the welfare of 
the child). 
"(E) 
PERSONAL 
INFORMATION.—The term 
'personal 
information' means individually identifiable information 
including— 
"(i) a student or parent's first and last name; 
"(ii) a home or other physical address (including 
street name and the name of the city or town); 
"(iii) a telephone number; or 
"(iv) a Social Security identification number. 
"(F) 
STUDENT.—The 
term 
'student' 
means 
any 
elementary school or secondary school student. 
"(G) SURVEY.—The term 'survey' includes an evalua-
tion.". 
SEC. 1062. TECHNICAL CORRECTIONS. 
The General Education Provisions Act (20 U.S.C. 1221 et seq.) 
is amended as follows: 
(1) SECTION 431.—Section 422 (the second place it appears) 
(20 U.S.C. 1231a), relating to collection and dissemination of 
information, is redesignated as section 431. 
(2) SECTION 441.—Section 3501(c) of the Augustus F. Haw- 20USC I232d. 
kins-Robert T. Stafford Elementary and Secondary School 
Improvement Amendments of 1988 (102 Stat. 357) is amended 
by striking "through 'such Act)'" and inserting "through 'Act 
of 1965'", effective as of the date of enactment of that law. 
115 STAT. 2088 
PUBLIC LAW 107-110-^AN. 8, 2002 
(3) 
SECTION 444.—Section 444 (20 U.S.C. 1232g) is 
amended— 
(A) in subsection (a)(1), by moving subparagraph (B) 
four ems to the left; 
(B) in subsection (b)(l)(J), by moving subparagraph 
(J)(i) and clause (ii) of subparagraph (J) each two ems 
to the left; 
(C) in the undesignated text following subsection 
(b)(l)(J)(ii), by striking "clause (E)" and inserting "subpara-
graph (E)"; and 
(D) in subsection (b), by moving paragraph (7)(A) and 
subparagraph (B) of paragraph (7) each two ems to the 
left. 
(4) SECTION 447.—Section 447(b) (20 U.S.C. 1232jXb)) is 
amended by striking "et seq.". 
(5) SECTION 475.—Section 475(b)(2) (20 U.S.C. 1235d) is 
amended by striking "section 4703(3)" and inserting "section 
473(3)". 
(6) SECTION 477.—Section 477 (20 U.S.C. 1235f) is amended 
by striking "section 4702" and inserting "472". 
PART G—MISCELLANEOUS OTHER STATUTES 
SEC. 1071. TITLE 5 OF THE UNITED STATES CODE. 
(a) COMPENSATION.—Section 5314 of title 5, United States Code, 
is amended by adding at the end the following: 
"Under Secretary of Education". 
5 use 5314 note. 
(b) EFFECTIVE DATE.—This section shall take effect on the 
first day of the first pay period on or after the date of enactment 
of this Act. 
SEC. 1072. DEPARTMENT OF EDUCATION ORGANIZATION ACT. 
(a) COORDINATOR FOR THE OUTLYING AREAS.—Title II of the 
Department of Education Organization Act (20 U.S.C. 3411 et seq.) 
is amended by adding at the end the following new section: 
"COORDINATOR FOR THE OUTLYING AREAS 
20 use 3427. 
"SEC. 220. (a) ESTABLISHMENT.—The Secretary shall designate 
an office of the Department to coordinate the activities of the 
Department as they relate to the outlying areas. 
"(b) APPOINTMENT.—Not later than 90 days after the date of 
enactment of the No Child Left Behind Act of 2001, the head 
of the office designated under subsection (a) shall appoint a coordi-
nator for the outlying areas, who shall be a person with substantial 
experience in the operation of Federal programs in the outlying 
areas. 
"(c) DUTIES.—The coordinator for the outlying areas shall— 
"(1) serve as the principal advisor to the Department on 
Federal matters affecting the outlying areas; 
"(2) evaluate, on a periodic basis, the needs of education 
programs in the outlying areas; 
"(3) assist with the coordination of programs that serve 
the outlying areas; and 
"(4) provide guidance to programs within the Department 
that serve the outlying areas. 
"(d) OUTLYING AREAS DEFINED.—^As used in this section, the 
term 'outlying areas' includes Guam, the Virgin Islands, American 
PUBLIC LAW 107-llO^JAN. 8, 2002 
115 STAT. 2089 
Samoa, and the Commonwealth of the Northern Marianas Islands, 
but does not include the freely associated states of the Republic 
of the Marshall Islands, the Federated States of Micronesia, and 
the Republic of Palau.". 
(b) RENAMING OF OFFICE.—The Department of Education 
Organization Act (20 U.S.C. 3401 et seq.) is amended by striking 20USC3420, 
"Office of Bilingual Education and Minority Languages Affairs" 
3423d, 3473. 
and "Office of Bilingual Education" each place either such term 
appears and inserting "Office of English Language Acquisition, 
Language Enhancement, and Academic Achievement for Limited 
English Proficient Students". 
(c) CLERICAL AMENDMENTS.—The Department of Education 
Organization Act (20 U.S.C. 3401 et seq.) is amended as follows: 
(1) TABLE OF CONTENTS.—The table of contents in section 
1 (20 U.S.C. 3401 note) is amended— 
(A) by amending the item relating to section 209 to 
read as follows: 
"Sec. 209. Office of English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students."; 
(B) by amending the item relating to section 216 to 
read as follows: 
"Sec. 216. Office of English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students."; and 
(C) by inserting after the item relating to section 217 
the following new items: 
"Sec. 218. Office of Educational Technology. 
"Sec. 219. Liaison for Proprietary Institutions of Higher Education. 
"Sec. 220. Coordinator for the Outlying Areas.". 
(2) SECTION HEADINGS.— 
(A) SECTION 209.—The section heading for section 209 
of the Department of Education Organization Act (20 U.S.C. 
3420) is amended to read as follows: 
"OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCE-
MENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PRO-
FICIENT STUDENTS". 
(B) SECTION 216.—The section heading for section 216 
of the Department of Education Organization Act (20 U.S.C. 
3423d) is amended to read as follows: 
"SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE 
ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIM-
ITED ENGLISH PROFICIENT STUDENTS.". 
(d) CONFORMING AMENDMENTS.—Sections 209 and 216 of the 
Department of Education Organization Act (20 U.S.C. 3420, 3423d) 
are amended by striking "Director of Bilingual Education and 
Minority Languages Affairs" each place such term appears and 
inserting "Director of English Language Acquisition, Language 
Enhancement, and Academic Achievement for Limited English Pro-
ficient Students". 
(e) TECHNICAL CORRECTIONS.— 
(2) SECTION 202.—Paragraph (3) of section 202(b) (20 U.S.C. 
3412(b)(3)), relating to the Assistant Secretary for Educational 
Research and Improvement (as added by section 913(2) of the 
Goals 2000: Educate America Act (108 Stat. 223)), is redesig-
nated as paragraph (4). 
89-194 0 -03- 36 QL3 Part 2 
115 STAT. 2090 
PUBLIC LAW 107-110-^AN. 8, 2002 
(3) SECTION 218.—Section 216 (the second place it appears) 
(20 U.S.C. 3425), relating to the Office of Educational Tech-
nology (as added by section 233(a) of the Goals 2000: Educate 
America Act (108 Stat. 154), is redesignated as section 218. 
SEC. 1073. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999. 
Section 4(b) of the Education Flexibility Partnership Act of 
1999 (20 U.S.C. 5891b(b)) is amended to read as follows: 
"(b) INCLUDED PROGRAMS.—The statutory or regulatory require-
ments referred to in subsection (a)(1)(A) are any such requirements 
for programs that are authorized under the following provisions 
and under which the Secretary provides funds to State educational 
agencies on the basis of a formula: 
"(1) The following provisions of the Elementary and Sec-
ondary Education Act of 1965: 
"(A) Part A (other than sections 1111 and 1116), sub-
part 3 of part B, and parts C, D, and F of title I. 
"(B) Subparts 2 and 3 of part A of title II. 
"(C) Subpart 1 of part D of title II. 
"(D) Subpart 4 of part B of title III, if the funding 
trigger in section 3001 of such Act is not reached. 
"(E) Subpart 1 of part A of title IV. 
"(F) Part A of title V. 
"(2) The Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998 (20 U.S.C. 2301 et seq.).". 
SEC. 1074. EDUCATIONAL RESEARCH, DEVELOPMENT, DISSEMINATION, 
AND IMPROVEMENT ACT OF 1994. 
The Educational Research, Development, Dissemination, and 
Improvement Act of 1994 (20 U.S.C. 6001 et seq.) is amended 
by adding after part I the following new part: 
"PART J—CERTAIN MULTIYEAR GRANTS AND 
CONTRACTS 
20 u s e 6052. 
"SEC. 995. CONTINUATION OF AWARDS. 
"(a) IN GENERAL.—Notwithstanding any other provision of law, 
from funds appropriated under subsection (b), the Secretary— 
"(1) shall continue to fund any multiyear grant or contract 
awarded under section 3141 and parts A and C of title XIII 
of the Elementary and Secondary Education Act of 1965 (as 
such provisions were in effect on the day preceding the date 
of enactment of the No Child Left Behind Act of 2001), for 
the duration of that multiyear award in accordance with its 
terms; and 
"(2) may extend, on a year-to-year basis, any multiyear 
grant or contract awarded under an authority described in 
paragraph (1) that expires after the enactment of the No Child 
Left Behind Act of 2001, but before the enactment of successor 
authority to this Act. 
"(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year such sums as may be nec-
essary to carry out subsection (a).". 
SEC. 1075. NATIONAL CHILD PROTECTION ACT OF 1993. 
Section 5(9) of the National Child Protection Act of 1993 (42 
U.S.C. 5119c(9)) is amended— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2091 
(1) in subparagraph (A)(i), by inserting "(including an indi-
vidual who is employed by a school in any capacity, including 
as a child care provider, a teacher, or another member of 
school personnel)" before the semicolon at the end; and 
(2) in subparagraph (B)(i), by inserting "(including an indi-
vidual who seeks to be employed by a school in any capacity, 
including as a child care provider, a teacher, or another member 
of school personnel)" before the semicolon at the end. 
SEC. 1076. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1997.—Section 
5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 
117b-2(d)(l)) is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(b) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1987.—Section 
104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 
(as incorporated by reference in section 101(j) of Public Law 99-
500 and Public Law 99-591) (2 U.S.C. 117e(3)(B)(ii)) is amended 
by striking "14101" and inserting "9101". 
(c) 
NATIONAL 
AGRICULTURAL 
RESEARCH, 
EXTENSION, AND 
TEACHING 
POLICY ACT OF 1977.—Section 1417(j)(l)(B) of the 
National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3152(j)(l)(B)) is amended— 
(1) by striking "14101(25)" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801(25))". 
(d) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section 
101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 
1522 note) is amended by striking "14101" and inserting "9101". 
(e) TITLE 10, UNITED STATES CODE.—Section 2194(e)(2) of title 
10, United States Code, is amended— 
(1) by striking " 14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(f) TOXIC SUBSTANCES CONTROL ACT.— 
(1) ASBESTOS.—Paragraphs (7), (9) and (12) of section 202 
of the Toxic Substances Control Act (15 U.S.C. 2642) are 
amended by striking "14101" and inserting "9101". 
(2) RADON.—Section 302(1)(A) of the Toxic Substances Con-
trol Act (15 U.S.C. 2662(1)(A)) is amended by striking "14101" 
and inserting "9101". 
(g) HIGHER EDUCATION ACT OF 1965.—Paragraphs (4), (5), (6), 
(10), and (14) of section 103 of the Higher Education Act of 1965 
(20 U.S.C. 1003) are amended by striking "14101" and inserting 
"9101". 
(h) GENERAL EDUCATION PROVISIONS ACT.—Section 425(6) of 
the General Education Provisions Act (20 U.S.C. 1226c(6)) is 
amended by striking "14701" and inserting "9601". 
(i) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Section 
613(f) of the Individuals with Disabilities Education Act (20 U.S.C. 
1413(f)) is amended by striking paragraph (3). 
(j) EDUCATION AMENDMENTS OF 1972.—Section 908(2)(B) of the 
Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended 
by striking "14101" and inserting "9101". 
(k) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION 
ACT OF 1998.—Section 3 of the Carl D. Perkins Vocational and 
Technical Education Act of 1998 (20 U.S.C. 2302) is amended— 
(1) in paragraph (5)— 
115 STAT. 2092 
PUBLIC LAW 107-110-JAN. 8, 2002 
(A) by striking "10306" and inserting "5206"; and 
(B) by striking "(20 U.S.C. 8066)"; 
(2) in paragraph (8), by striking "14101" and inserting 
"9101"; and 
(3) in paragraphs (16) and (21)— 
(A) by striking "14101" and inserting "9101"; and 
(B) by striking "(20 U.S.C. 8801)". 
(1) EDUCATION FOR ECONOMIC SECURITY ACT.— 
(1) ECONOMIC SECURITY.—Section 3(3) of the Education 
for Economic Security Act (20 U.S.C. 3902) is amended— 
(A) in paragraph (3), by striking "198(a)(7)" and 
inserting "9101"; 
(B) in paragraph (7), by striking "198(a)(10)" and 
inserting "9101"; and 
(C) in paragraph (12), by striking "198(a)(17)" and 
inserting "9101". 
(2) ASBESTOS.—Section 511 of the Education for Economic 
Security Act (20 U.S.C. 4020) is amended— 
(A) in paragraph (4)(A), by striking "198(a)(10)" and 
inserting "9101"; and 
(B) in paragraph (5)(A), by striking "198(a)(7)" and 
inserting "9101". 
(m) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—Section 
815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 
4514(4)) is amended by striking "14101" and inserting "9101". 
(n) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Section 3(5) 
of the National Environmental Education Act (20 U.S.C. 5502(5)) 
is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 3381)". 
(o) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section 
3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 
5891a(l)) is amended by striking "14101" and inserting "9101". 
(p) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999.— 
Section 3(c)(5) of the District of Columbia College Access Act of 
1999 (Pubhc Law 106-98; 113 Stat. 1323) is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(q) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Paragraph 
(5) of section 502(b) of the School-to-Work Opportunities Act of 
1994 (20 U.S.C. 6212(b)(5)) is amended to read as follows: 
"(5) parts K through N of the Educational Research, 
Development, Dissemination, and Improvement Act of 1994; 
and". 
(r) NATIONAL EDUCATION STATISTICS ACT OF 1994.—Paragraphs 
(4) and (6) of section 402(c) of the National Education Statistics 
Act of 1994 (20 U.S.C. 9001(c)) are amended by striking "14101" 
and inserting "9101". 
(s) ADULT EDUCATION AND FAMILY LITERACY ACT.—Section 
203(13) of the Adult Education and Family Literacy Act (20 U.S.C. 
9202(13)) is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
26 use 1397E. 
(t) INTERNAL REVENUE CODE OF 1986.—Section 1397E(d)(4)(B) 
of the Internal Revenue Code of 1986 is amended by striking 
"14101" and inserting "9101". 
(u) REHABILITATION ACT OF 1973.— 
PUBLIC LAW 107-110-^AN. 8, 2002 
115 STAT. 2093 
(1) RESEARCH.—Section 202(b)(4)(A)(i) of the Rehabilitation 
Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking 
"14101" and inserting "9101". 
(2) 
NONDISCRIMINATION.—Section 
504(b)(2)(B) 
of the 
Rehabihtation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended 
by striking "14101" and inserting "9101". 
(v) 
FAMILY AND MEDICAL 
LEAVE ACT OF 1993.—Section 
108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2618(a)(1)(A)) is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 2891(12))". 
(w) WORKFORCE INVESTMENT ACT OF 1998.—Paragraphs (23) 
and (40) of section 101 of the Workforce Investment Act of 1998 
(29 U.S.C. 2801) are amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(x) SAFE DRINKING WATER ACT.—Paragraphs (3)(A) and (6) 
of section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j-
21) are amended by striking "14101" and inserting "9101". 
(y) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended by 
striking "14101" and inserting "9101". 
(z) AGE DISCRIMINATION ACT OF 1975.—Section 309(4)(B)(ii) 
of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) 
is amended by striking "14101" and inserting "9101". 
(aa) HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1989.— 
Section 221(f)(3)(B)(i) of the Hazardous and Solid Waste Amend-
ments of 1984 (42 U.S.C. 6921 note) is amended by striking 
"198(a)(7)" and inserting "9101". 
(bb) ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP 
ACT OF 1994.—Paragraphs (1), (2), and (3) of section 514 of the 
Albert Einstein Distinguished Educator Fellowship Act of 1994 
(42 U.S.C. 7382b) are amended by striking "14101" and inserting 
"9101". 
(cc) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of the Act enti-
tled "An Act to authorize appropriations for carrying out the Earth-
quake Hazards Reduction Act of 1977 for fiscal years 1998 and 
1999, and for other purposes", approved October 1, 1997 (42 U.S.C. 
7704 note) is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(dd) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.— 
Paragraphs (6) and (11) of section 670G of the State Dependent 
Care Development Grants Act (42 U.S.C. 9877) are amended by 
striking "14101" and inserting "9101". 
(ee) 
COMMUNITY 
SERVICES 
BLOCK 
GRANT 
ACT.—Section 
682(b)(4) of the Community Services Block Grant Act (42 U.S.C. 
9923(b)(4)) is amended— 
(1) by striking "14101" and inserting "9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(ff) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Para-
graphs (8), (14), (22), and (28) of section 101 of the National and 
Community Service Act of 1990 (42 U.S.C. 12511) are amended 
by striking "14101" and inserting "9101". 
(gg) TELECOMMUNICATIONS ACT OF 1996.—Section 706(c)(2) of 
the Telecommunications Act of 1996 (47 U.S.C. 157 note) is 
amended— 
115 STAT. 2094 
PUBLIC LAW 107-110-^AN. 8, 2002 
(1) by striking "paragraphs (14) and (25), respectively, of 
section 14101" and inserting "section 9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(hh) COMMUNICATIONS ACT OF 1934.—Section 254(h)(7)(A) of 
the Communications Act of 1934 (47 U.S.C. 254(h)(7)(A)) is 
amended— 
(1) by striking "paragraphs (14) and (25), respectively, of 
section 14101" and inserting "section 9101"; and 
(2) by striking "(20 U.S.C. 8801)". 
(ii) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.— 
Section 4024 of the Transportation Equity Act for the 21st Century 
(49 U.S.C. 31136 note) is amended by striking "14101" and inserting 
"9101". 
Approved January 8, 2002. 
L E G I S L A T I V E H I S T O R Y — H . R . 1 (S. 1): 
HOUSE REPORTS: Nos. 107-63, Pt. 1 (Comm. on Education and the Workforce) 
and 107-334 (Comm. of Conference). 
SENATE REPORTS: No. 107-7 accompanying S. 1 (Comm. on Health, Education, 
Labor, and Pensions). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
May 17, 22, 23, considered and passed House. 
June 14, considered and passed Senate, amended, in lieu of S. 1. 
Dec. 13, House agreed to conference report. 
Dec. 17, 18, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Jan. 8, Presidential remarks.