Tag Archives: Secondary Education

Subpart 1 – Small, Rural School Achievement Program

 

SEC. 6211. USE OF APPLICABLE FUNDING.

    (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.
      • (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 subsection (a) if —
      • (A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational 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 (1)(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).

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 I.
    • (2) Part A or D of title II.
    • (3) Title III.
    • (4) Part A or B of title IV.
    • (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 determined 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.

    (a) ACADEMIC ACHIEVEMENT ASSESSMENT- Each local educational 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 participated 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.

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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.


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Subpart 4 – State Accountability for Adequate Yearly Progress

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 1111(b)(2)(C)(v); and

      (2) met its annual measurable achievement objectives under section 3122(a).

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.

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 technical assistance to a State that has failed to make adequate yearly progress, as defined in section 1111(b)(2), 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.

      (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 section 3122(a).

SEC. 6164. REPORT TO CONGRESS.

    Beginning with the school year that begins in 2005, the Secretary shall submit an annual report 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 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 measurable 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.


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Chapter B – Local Flexibility Demonstration

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 —

      (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 demonstrate, 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 student 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 and other educators in the development of the proposed local flexibility 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 agencies 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 agencies 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 FLEXIBILITY 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 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 flexibility 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 agreement 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 agreement 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 authorized 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 demonstration 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 consolidating 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 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 thereafter 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 agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, curriculum, instruction and staff development, and other diverse educational 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 DEMONSTRATION 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 DEMONSTRATION 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 accountable.

      (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 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 proposed amendment, that the proposed amendment is not in compliance with this chapter.

        (B) DISAPPROVAL- The Secretary shall not finally disapprove 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 Secretary shall approve or disapprove such proposed amendment prior to the later of —

          (i) the expiration of the 45-day period beginning on the date on which the proposed amendment is resubmitted; 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.

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 provided 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.

    (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 II.

      (2) Subpart 1 of part D of title II.

      (3) Subpart 1 of part A of title IV.

      (4) Subpart 1 of part A of title V.

SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

    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.

    (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 opportunity 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 demonstration agreement.

SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION 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 flexibility demonstration agreement under this chapter unless, not less than 6 months before the end of the original term of the agreement, the local educational agency seeking the renewal notifies the Secretary 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.

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).


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Chapter A – State Flexibility Authority

SEC. 6141. STATE FLEXIBILITY.

    (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 educational 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 subsection (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 educational 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 performance agreements with the State educational agency under paragraph (2) in making such adequate yearly progress;

        (B) the performance agreements that the State educational agency proposes to enter into with eligible local educational agencies under paragraph (2);

        (C) information demonstrating that the State educational 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;

        (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 programs 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 educational 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 opportunity 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 accounting 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 provide 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 thereafter during the term of the grant of authority, disseminate widely to parents and the general public, transmit to the 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 educational 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.

    (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 educational agencies, and local educational agencies; and

        (B) familiar with educational standards, assessments, accountability, curricula, instruction, and staff development, 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 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 PERFORMANCE 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 agencies, 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 educational 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 Secretary received the proposed amendment, that the proposed amendment is not in compliance with this chapter.

        (B) DISAPPROVAL- The Secretary shall not finally disapprove 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 Secretary shall approve or disapprove such proposed amendment prior to the later of —

          (i) the expiration of the 45-day period beginning on the date on which the proposed amendment is resubmitted; or

          (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.

    (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 provided 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 Governor), (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.

    (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 make adequate yearly progress for 2 consecutive years, the Secretary shall, after providing notice and an opportunity for a hearing, terminate the grant of authority promptly.

      (2) NONCOMPLIANCE- The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate 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 subsection.

    (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 educational 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.

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 flexibility 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).


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Part D – Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk

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 children and youth so that such children and youth have the opportunity to meet the same challenging State academic content standards and challenging State student academic achievement 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 delinquent 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 education for neglected, delinquent, or at-risk children and youth.

SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

    (a) AGENCY SUBGRANTS- Based on the allocation amount computed 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 purpose 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.


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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 implement education reforms in their schools;

      (5) to eliminate barriers to implementing effective State and local education reform, while preserving the goals of opportunity for all students and accountability for student progress;

      (6) to hold participating State educational agencies and local educational agencies accountable for increasing the academic 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.

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.


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Subpart 2 – Funding Transferability for State and Local Educational Agencies

SEC. 6121. SHORT TITLE.

    This subpart may be cited as the ‘State and Local Transferability Act’.

SEC. 6122. PURPOSE.

    The purpose of this subpart is to allow States and local educational 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.

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 Governor) 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 allotment 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)) may transfer not more than 50 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 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 educational 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 educational 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; NOTIFICATION-

      (1) STATE TRANSFERS- Each State that makes a transfer 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;

        (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 transferred.

      (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.


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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 Amendments of 1972, women and girls have made strides in educational achievement and in their ability to avail themselves of educational opportunities;

      (2) because of funding provided under the Women’s Educational 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 materials do not sufficiently reflect the experiences, achievements, 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

        (D) pregnant and parenting teenagers are at high risk for dropping out of school and existing dropout prevention 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 equitable 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.

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.

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 education 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 Educational 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 individuals, for a period not to exceed 4 years, to —

        (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, administrators, 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 particular, to enter highly skilled, high paying careers in which women and girls have been underrepresented;

          (v) enhancing educational and career opportunities 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 educational 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 eliminate biased assessment instruments from use;

          (xi) programs to increase educational opportunities, 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

          (xiii) planning, development, and initial implementation of —

            (I) comprehensive institutionwide or districtwide evaluation to assess the presence or absence of gender equity in educational settings;

            (II) 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-community 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 communities, gender equitable, including —

          (i) research and development of innovative strategies and model training programs for teachers and other education personnel;

          (ii) the development of high-quality and challenging assessment instruments that are nondiscriminatory;

          (iii) the development and evaluation of model curricula, textbooks, software, and other educational materials to ensure the absence of gender stereotyping and bias;

          (iv) the development of instruments and procedures 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 promising 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 programs 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.

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 agencies, 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 institution; 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 assistance under this subpart or this subpart’s predecessor authorities;

      (2) for projects that will contribute significantly to directly improving teaching and learning practices in the local community; 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 education, 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 qualifications and experience in the field of gender equity education.

SEC. 5618. AMOUNT.

    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.

    (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.


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Subpart 19 – Grants for Capital Expenses of Providing Equitable Services for Private School Students

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.

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 this subpart, the agency does not have a military 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 subsection (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).


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