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NOTES:


SUBCHAPTER I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 6301. Statement of purpose. 6302. Authorization of appropriations. (a) Local educational agency grants. (b) Reading first. (c) Education of migratory children. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk. (e) Federal activities. (f) Comprehensive school reform. (g) Advanced placement. (h) School dropout prevention. (i) School improvement. 6303. School improvement. (a) State reservations. (b) Uses. (c) Priority. (d) Unused funds. (e) Special rule. (f) Reporting. (g) Assistance for local school improvement. 6304. State administration. (a) In general. (b) Exception.

Part A—Improving Basic Programs Operated by Local Educational Agencies

subpart 1—basic program requirements

6311. State plans. (a) Plans required. (b) Academic standards, academic assessments, and accountability. (c) Other provisions to support teaching and learning. (d) Parental involvement. (e) Peer review and Secretarial approval. (f) Duration of the plan. (g) Penalties. (h) Reports. (i) Privacy. (j) Technical assistance. (k) Voluntary partnerships. (l) Construction. (m) Special rule with respect to Bureau-funded schools. 6312. Local educational agency plans. (a) Plans required. (b) Plan provisions. (c) Assurances. (d) Plan development and duration. (e) State approval. (f) Program responsibility. (g) Parental notification. 6313. Eligible school attendance areas. (a) Determination. (b) Local educational agency discretion. (c) Allocations. 6314. Schoolwide programs. (a) Use of funds for schoolwide programs. (b) Components of a schoolwide program. (c) Prekindergarten program. 6315. Targeted assistance schools. (a) In general. (b) Eligible children. (c) Components of a targeted assistance school program. (d) Integration of professional development. (e) Special rules. 6316. Academic assessment and local educational agency and school improvement. (a) Local review. (b) School improvement. (c) State review and local educational agency improvement. (d) Construction. (e) Supplemental educational services. (f) Schools and LEAs previously identified for improvement or corrective action. (g) Schools funded by the Bureau of Indian Affairs. (h) Other agencies. 6317. School support and recognition. (a) System for support. (b) State recognition. (c) Funding. 6318. Parental involvement. (a) Local educational agency policy. (b) School parental involvement policy. (c) Policy involvement. (d) Shared responsibilities for high student academic achievement. (e) Building capacity for involvement. (f) Accessibility. (g) Information from parental information and resource centers. (h) Review. 6319. Qualifications for teachers and paraprofessionals. (a) Teacher qualifications and measurable objectives. (b) Reports. (c) New paraprofessionals. (d) Existing paraprofessionals. (e) Exceptions for translation and parental involvement activities. (f) General requirement for all paraprofessionals. (g) Duties of paraprofessionals. (h) Use of funds. (i) Verification of compliance. (j) Combinations of funds. (k) Special rule. (l) Minimum expenditures. 6320. Participation of children enrolled in private schools. (a) General requirement. (b) Consultation. (c) Allocation for equitable service to private school students. (d) Public control of funds. (e) Standards for a bypass. 6321. Fiscal requirements. (a) Maintenance of effort. (b) Federal funds to supplement, not supplant, non-Federal funds. (c) Comparability of services. (d) Exclusion of funds. 6322. Coordination requirements. (a) In general. (b) Activities. (c) Coordination of regulations.

subpart 2—allocations

6331. Grants for the outlying areas and the Secretary of the Interior. (a) Reservation of funds. (b) Assistance to outlying areas. (c) Definitions. (d) Allotment to the Secretary of the Interior. 6332. Allocations to States. (a) Allocation formula. (b) Adjustments where necessitated by appropriations. (c) Hold-harmless amounts. (d) Ratable reductions. (e) Definition. 6333. Basic grants to local educational agencies. (a) Amount of grants. (b) Minimum number of children to qualify. (c) Children to be counted. (d) State minimum. 6334. Concentration grants to local educational agencies. (a) Eligibility for and amount of grants. (b) Small States. 6335. Targeted grants to local educational agencies. (a) Eligibility of local educational agencies. (b) Grants for local educational agencies, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Weighted child count. (d) Calculation of grant amounts. (e) State minimum. 6336. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. (a) Findings. (b) Limitation on allocation of subchapter I funds contingent on adequate funding of targeted grants. 6337. Education finance incentive grant program. (a) Grants. (b) Distribution based upon fiscal effort and equity. (c) Use of funds; eligibility of local educational agencies. (d) Allocation of funds to eligible local educational agencies. (e) Maintenance of effort. (f) Authorization of appropriations. (g) Adjustments where necessitated by appropriations. 6338. Special allocation procedures. (a) Allocations for neglected children. (b) Allocations among local educational agencies. (c) Reallocation. 6339. Carryover and waiver. (a) Limitation on carryover. (b) Waiver. (c) Exclusion.

Part B—Student Reading Skills Improvement Grants

subpart 1—reading first

6361. Purposes. 6362. Formula grants to State educational agencies. (a) In general. (b) Determination of amount of allotments. (c) Subgrants to local educational agencies. (d) State uses of funds. (e) Review. (f) Funds not used for State level activities. (g) Supplement, not supplant. 6363. State formula grant applications. (a) Applications. (b) Contents. (c) Approval of applications. (d) Reading and literacy partnerships. 6364. Targeted assistance grants. (a) Eligibility criteria for awarding targeted assistance grants to States. (b) Continuation of performance awards. (c) Distribution of targeted assistance grants. (d) Subgrants to eligible local educational agencies. 6365. External evaluation. (a) In general. (b) Process. (c) Analysis. (d) Program improvement. 6366. National activities. 6367. Information dissemination. (a) In general. (b) Dissemination and coordination. (c) Use of existing networks. (d) National Institute for Literacy. 6368. Definitions.

subpart 2—early reading first

6371. Purposes; definitions. (a) Purposes. (b) Definitions. 6372. Local Early Reading First grants. (a) Program authorized. (b) Applications. (c) Approval of local applications. (d) Authorized activities. (e) Award amounts. 6373. Federal administration. 6374. Information dissemination. 6375. Reporting requirements. 6376. Evaluation. (a) In general. (b) Reports. (c) Contents.

subpart 3—william f. goodling even start family literacy programs

6381. Statement of purpose. 6381a. Program authorized. (a) Reservation for migrant programs, outlying areas, and Indian tribes. (b) Reservation for Federal activities. (c) Reservation for grants. (d) State educational agency allocation. (e) Definitions. 6381b. State educational agency programs. (a) State educational agency level activities. (b) Subgrants for local programs. 6381c. Uses of funds. (a) In general. (b) Federal share limitation. (c) Use of funds for family literacy services. 6381d. Program elements. 6381e. Eligible participants. (a) In general. (b) Eligibility for certain other participants. 6381f. Applications. (a) Submission. (b) Required documentation. (c) Plan. (d) Consolidated application. 6381g. Award of subgrants. (a) Selection process. (b) Duration. 6381h. Evaluation. 6381i. Indicators of program quality. 6381j. Research. (a) In general. (b) Scientifically based research on family literacy. (c) Dissemination. 6381k. Construction.

subpart 4—improving literacy through school libraries

6383. Improving literacy through school libraries. (a) Purposes. (b) Reservation. (c) Grants. (d) State grants. (e) Direct competitive grants to eligible local educational agencies. (f) Applications. (g) Local activities. (h) Accountability and reporting. (i) Supplement, not supplant. (j) National activities.

Part C—Education of Migratory Children

6391. Program purpose. 6392. Program authorized. 6393. State allocations. (a) State allocations. (b) Allocation to Puerto Rico. (c) Ratable reductions; reallocations. (d) Consortium arrangements. (e) Determining numbers of eligible children. 6394. State applications; services. (a) Application required. (b) Program information. (c) Assurances. (d) Priority for services. (e) Continuation of services. 6395. Secretarial approval; peer review. (a) Secretarial approval. (b) Peer review. 6396. Comprehensive needs assessment and service-delivery plan; authorized activities. (a) Comprehensive plan. (b) Authorized activities. 6397. Bypass. 6398. Coordination of migrant education activities. (a) Improvement of coordination. (b) Student records. (c) Availability of funds. (d) Incentive grants. (e) Data collection. 6399. Definitions.

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

6421. Purpose and program authorization. (a) Purpose. (b) Program authorized. 6422. Payments for programs under this part. (a) Agency subgrants. (b) Local subgrants.

subpart 1—state agency programs

6431. Eligibility. 6432. Allocation of funds. (a) Subgrants to State agencies. (b) Subgrants to State agencies in Puerto Rico. (c) Ratable reductions in case of insufficient appropriations. 6433. State reallocation of funds. 6434. State plan and State agency applications. (a) State plan. (b) Secretarial approval and peer review. (c) State agency applications. 6435. Use of funds. (a) Uses. (b) Supplement, not supplant. 6436. Institution-wide projects. 6437. Three-year programs or projects. 6438. Transition services. (a) Transition services. (b) Conduct of projects. (c) Rule of construction. 6439. Evaluation; technical assistance; annual model program.

subpart 2—local agency programs

6451. Purpose. 6452. Programs operated by local educational agencies. (a) Local subgrants. (b) Special rule. (c) Notification. (d) Transitional and academic services. 6453. Local educational agency applications. 6454. Uses of funds. 6455. Program requirements for correctional facilities receiving funds under this section. 6456. Accountability.

subpart 3—general provisions

6471. Program evaluations. (a) Scope of evaluation. (b) Exception. (c) Evaluation measures. (d) Evaluation results. 6472. Definitions.

Part E—National Assessment of Subchapter I

6491. Evaluations. (a) National assessment of subchapter I. (b) Studies and data collection. (c) National longitudinal study. (d) Independent Review Panel. 6492. Demonstrations of innovative practices. (a) In general. (b) Evaluation. (c) Partnerships. 6493. Assessment evaluation. (a) In general. (b) Contract authorized. (c) Study. (d) Components of the research program. (e) Reporting. (f) Reservation of funds. 6494. Close Up fellowship program. (a) Program for middle school and secondary school students. (b) Program for middle school and secondary school teachers. (c) Programs for new Americans. (d) General provisions.

Part F—Comprehensive School Reform

6511. Purpose. 6512. Program authorization. (a) Program authorized. 6513. State applications. (a) In general. (b) Contents. 6514. State use of funds. (a) In general. (b) Subgrant requirements. (c) Priority. (d) Grant consideration. (e) Administrative costs. (f) Supplement. (g) Reporting. 6515. Local applications. (a) In general. (b) Contents. 6516. Local use of funds. (a) Uses of funds. (b) Special rule. 6517. Evaluation and reports. (a) In general. (b) Evaluation. (c) Reports. 6518. Quality initiatives.

Part G—Advanced Placement Programs

6531. Short title. 6532. Purposes. 6533. Funding distribution rule. 6534. Advanced placement test fee program. (a) Grants authorized. (b) Award basis. (c) Information dissemination. (d) Applications. (e) Regulations. (f) Report. (g) BIA as SEA. 6535. Advanced placement incentive program grants. (a) Grants authorized. (b) Application. (c) Priority. (d) Authorized activities. (e) Contracts. (f) Data collection and reporting. 6536. Supplement, not supplant. 6537. Definitions.

Part H—School Dropout Prevention

6551. Short title. 6552. Purpose. 6553. Authorization of appropriations.

subpart 1—coordinated national strategy

6555. National activities. (a) In general. (b) Recognition program. (c) Capacity building. (d) Support for existing reform networks.

subpart 2—school dropout prevention initiative

6561. Definitions. 6561a. Program authorized. (a) Grants to State educational agencies and local educational agencies. (b) Subgrants to local educational agencies. 6561b. Applications. (a) In general. (b) Contents. 6561c. State reservation. 6561d. Strategies and capacity building. 6561e. Selection of local educational agencies for subgrants. (a) State educational agency review and award. (b) Eligibility. 6561f. Community based organizations. 6561g. Technical assistance. 6561h. School dropout rate calculation. 6561i. Reporting and accountability. (a) Local educational agency reports. (b) State report on program activities. (c) Accountability.

Part I—General Provisions

6571. Federal regulations. (a) In general. (b) Negotiated rulemaking process. (c) Limitation. 6572. Agreements and records. (a) Agreements. (b) Records. 6573. State administration. (a) Rulemaking. (b) Committee of practitioners. 6574. Local educational agency spending audits. (a) Audits. (b) Report. 6575. Prohibition against Federal mandates, direction, or control. 6576. Rule of construction on equalized spending. 6577. State report on dropout data. 6578. Regulations for sections 6311 and 6316. SUBCHAPTER II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

Part A—Teacher and Principal Training and Recruiting Fund

6601. Purpose. 6602. Definitions. 6603. Authorizations of appropriations. (a) Grants to States, local educational agencies, and eligible partnerships. (b) National programs.

subpart 1—grants to states

6611. Allotments to States. (a) In general. (b) Determination of allotments. 6612. State applications. (a) In general. (b) Contents. (c) Deemed approval. (d) Disapproval. (e) Notification. (f) Response. (g) Failure to respond. 6613. State use of funds. (a) In general. (b) Special rule. (c) State activities. (d) Administrative costs. (e) Coordination. (f) Supplement, not supplant.

subpart 2—subgrants to local educational agencies

6621. Allocations to local educational agencies. (a) Subgrants to local educational agencies. 6622. Local applications and needs assessment. (a) In general. (b) Contents. (c) Needs assessment. 6623. Local use of funds. (a) In general. (b) Supplement, not supplant.

subpart 3—subgrants to eligible partnerships

6631. Definitions. 6632. Subgrants. (a) In general. (b) Distribution. (c) Special rule. 6633. Applications. 6634. Use of funds. (a) In general. (b) Coordination.

subpart 4—accountability

6641. Technical assistance and accountability. (a) Improvement plan. (b) Technical assistance. (c) Accountability. (d) Special rule.

subpart 5—national activities

6651. National activities of demonstrated effectiveness. (a) National teacher recruitment campaign. (b) School leadership. (c) Advanced certification or advanced credentialing. (d) Special education teacher training. (e) Early childhood educator professional development. (f) Teacher mobility.

Part B—Mathematics and Science Partnerships

6661. Purpose; definitions. (a) Purpose. (b) Definitions. 6662. Grants for mathematics and science partnerships. (a) Grants authorized. (b) Application requirements. (c) Authorized activities. (d) Coordination and consultation. (e) Evaluation and accountability plan. (f) Report. 6663. Authorization of appropriations.

Part C—Innovation for Teacher Quality

subpart 1—transitions to teaching

Division A—Troops-to-Teachers Program 6671. Definitions. 6672. Authorization of Troops-to-Teachers Program. (a) Purpose. (b) Program authorized. (c) Administration of Program. (d) Information regarding Program. (e) Placement assistance and referral services. 6673. Recruitment and selection of program participants. (a) Eligible members. (b) Submission of applications. (c) Selection criteria. (d) Selection priorities. (e) Other conditions on selection. 6674. Participation agreement and financial assistance. (a) Participation agreement. (b) Violation of participation agreement; exceptions. (c) Stipend for participants. (d) Bonus for participants. (e) Treatment of stipend and bonus. (f) Reimbursement under certain circumstances. (g) Relationship to educational assistance under Montgomery GI Bill. 6675. Participation by States. (a) Discharge of State activities through consortia of States. (b) Assistance to States. 6676. Support of innovative preretirement teacher certification programs. (a) Purpose. (b) Development, implementation and demonstration. (c) Program elements. (d) Application procedures. (e) Continuation of programs. (f) Funding limitation. 6677. Reporting requirements. (a) Report required. (b) Elements of report. Division B—Transition to Teaching Program 6681. Purposes. 6682. Definitions. 6683. Grant program. (a) In general. (b) Eligible entity. (c) Priority. (d) Application. (e) Duration of grants. (f) Equitable distribution. (g) Uses of funds. (h) Requirements. (i) Period of service. (j) Repayment (k) Administrative funds. 6684. Evaluation and accountability for recruiting and retaining teachers. (a) Evaluation. (b) Contents. (c) Reports. (d) Revocation. Division C—General Provisions 6691. Authorization of appropriations. (a) In general. (b) Reservation.

subpart 2—national writing project

6701. Purposes. 6702. National Writing Project. (a) Authorization. (b) Requirements of grant. (c) Teacher training programs. (d) Federal share. (e) National Advisory Board. (f) Evaluation. (g) Application review. (h) Authorization of appropriations.

subpart 3—civic education

6711. Short title. 6712. Purpose. 6713. General authority. (a) Authority. (b) Distribution for cooperative civic education and economic education exchange programs. 6714. We the People program. (a) The Citizen and the Constitution. (b) Project Citizen. (c) Bureau-funded school defined. 6715. Cooperative civic education and economic education exchange programs. (a) Cooperative education exchange programs. (b) Purpose. (c) Activities. (d) Participants. (e) Consultation. (f) Avoidance of duplication. (g) Eligible country defined. 6716. Authorization of appropriations.

subpart 4—teaching of traditional american history

6721. Establishment of program. (a) In general. (b) Required partnership. (c) Application. 6722. Authorization of appropriations.

subpart 5—teacher liability protection

6731. Short title. 6732. Purpose. 6733. Definitions. 6734. Applicability. 6735. Preemption and election of State nonapplicability. (a) Preemption. (b) Election of State regarding nonapplicability. 6736. Limitation on liability for teachers. (a) Liability protection for teachers. (b) Exceptions to teacher liability protection. (c) Limitation on punitive damages based on the actions of teachers. (d) Exceptions to limitations on liability. (e) Rules of construction. 6737. Allocation of responsibility for noneconomic loss. (a) General rule. (b) Amount of liability. (c) Rule of construction. 6738. Effective date. (a) In general. (b) Application.

Part D—Enhancing Education Through Technology

6751. Short title. 6752. Purposes and goals. (a) Purposes. (b) Goals. 6753. Definitions. 6754. Authorization of appropriations. (a) In general. (b) Allocation of funds between State and local and national initiatives. (c) Allocation of funds for study. (d) Limitation.

subpart 1—state and local technology grants

6761. Allotment and reallotment. (a) Reservations and allotment. (b) Minimum allotment. (c) Reallotment of unused funds. (d) State educational agency defined. 6762. Use of allotment by State. (a) In general. (b) Sufficient amounts. (c) Fiscal agent. (d) Technical assistance. 6763. State applications. (a) In general. (b) Contents. (c) Deemed approval. (d) Disapproval. (e) Notification. (f) Response. (g) Failure to respond. 6764. Local applications. (a) In general. (b) Contents. (c) Combined applications. (d) Special rule. 6765. State activities. 6766. Local activities. (a) Professional development. (b) Other activities.

subpart 2—national technology activities

6771. National activities. (a) Study. (b) Dissemination. (c) Technical assistance. 6772. National education technology plan. (a) In general. (b) Contents.

subpart 3—ready-to-learn television

6775. Ready-to-Learn Television. (a) Program authorized. (b) Applications. (c) Reports and evaluations. (d) Administrative costs. (e) Authorization of appropriations.

subpart 4—limitation on availability of certain funds for schools

6777. Internet safety. (a) In general. (b) Timing and applicability of implementation. (c) Disabling during certain use. (d) Noncompliance. (e) Definitions. (f) Severability. SUBCHAPTER III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS 6801. Authorizations of appropriations; condition on effectiveness of parts. (a) Authorizations of appropriations. (b) Conditions on effectiveness of parts A and B. (c) References.

Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act

6811. Short title. 6812. Purposes.

subpart 1—grants and subgrants for english language acquisition and language enhancement

6821. Formula grants to States. (a) In general. (b) Use of funds. (c) Reservations and allotments. 6822. Native American and Alaska Native children in school. (a) Eligible entities. (b) Submission of applications for assistance. (c) Special rule. 6823. State and specially qualified agency plans. (a) Plan required. (b) Contents. (c) Approval. (d) Duration of plan. (e) Consolidated plan. (f) Secretary assistance. 6824. Within-State allocations. (a) In general. (b) Limitation. (c) Reallocation. (d) Required reservation. 6825. Subgrants to eligible entities. (a) Purposes of subgrants. (b) Administrative expenses. (c) Required subgrantee activities. (d) Authorized subgrantee activities. (e) Activities by agencies experiencing substantial increases in immigrant children and youth. (f) Selection of method of instruction. (g) Supplement, not supplant. 6826. Local plans. (a) Plan required. (b) Contents. (c) Teacher English fluency. (d) Other requirements for approval.

subpart 2—accountability and administration

6841. Evaluations. (a) In general. (b) Use of evaluation. (c) Evaluation components. (d) Evaluation measures. (e) Special rule for specially qualified agencies. 6842. Achievement objectives and accountability. (a) Achievement objectives. (b) Accountability. (c) Special rule for specially qualified agencies. 6843. Reporting requirements. (a) States. (b) Secretary. 6844. Coordination with related programs. 6845. Rules of construction. 6846. Legal authority under State law. 6847. Civil rights. 6848. Programs for Native Americans and Puerto Rico. 6849. Prohibition.

subpart 3—national activities

6861. National professional development project.

subpart 4—definitions

6871. Eligible entity.

Part B—Improving Language Instruction Educational Programs

6891. Short title. 6892. Purpose. 6893. Native American children in school. (a) Eligible entities. (b) Application. 6894. Residents of the territories and freely associated states

subpart 1—program development and enhancement

6911. Financial assistance for language instruction educational programs. 6912. Program enhancement activities. (a) Program authorized. (b) Priority. (c) Eligible entity. 6913. Comprehensive school and systemwide improvement activities. (a) Program authorized. (b) Availability of appropriations. (c) Priority. (d) Eligible entities. 6914. Applications. (a) In general. (b) State review and comments. (c) Eligible entity comments. (d) Comment consideration. (e) Waiver. (f) Required documentation. (g) Contents. (h) Approval of applications. (i) Consideration. 6915. Capacity building. 6916. Programs for Native Americans and Puerto Rico. 6917. Evaluations. (a) Evaluation. (b) Use of evaluation. (c) Evaluation report components. 6918. Construction.

subpart 2—research, evaluation, and dissemination

6931. Authority. (a) In general. (b) Competitive awards. (c) Administration. 6932. Research. (a) Administration. (b) Requirements. (c) Field-initiated research. (d) Consultation. (e) Data collection. 6933. Academic excellence awards. (a) Authority. (b) Applications. 6934. State grant program. (a) State grant program. (b) Payments. (c) Use of funds. (d) State consultation. (e) Applications. (f) Supplement, not supplant. (g) Report to the Secretary. 6935. Instruction materials development. (a) In general. (b) Priority.

subpart 3—professional development

6951. Professional development grants. (a) Purpose. (b) Authorization. (c) Authorized activities. (d) Application. (e) Priorities in awarding grants. (f) Program evaluations.

subpart 4—emergency immigrant education program

6961. Purpose. 6962. State administrative costs. 6963. Withholding. 6964. State allotments. (a) Payments. (b) Allotments. (c) Determinations of number of children and youth. (d) Reallotment. (e) Reservation of funds. 6965. State applications. (a) Submission. (b) Application review. 6966. Administrative provisions. (a) Notification of amount. (b) Services to immigrant children and youth enrolled in nonpublic schools. 6967. Uses of funds. (a) Use of funds. (b) Consortia. (c) Subgrants. (d) Construction. 6968. Reports. (a) Biennial report. (b) Report to Congress.

subpart 5—administration

6981. Release time. 6982. Notification. 6983. Coordination and reporting requirements. (a) Coordination with related programs. (b) Data. (c) Publication of proposals. (d) Report.

Part C—General Provisions

7011. Definitions. 7012. Parental notification. (a) In general. (b) Separate notification. (c) Receipt of information. (d) Special rule applicable during school year. (e) Parental participation. (f) Basis for admission or exclusion. 7013. National clearinghouse. 7014. Regulations. SUBCHAPTER IV—21ST CENTURY SCHOOLS

Part A—Safe and Drug-Free Schools and Communities

7101. Short title. 7102. Purpose. 7103. Authorization of appropriations.

subpart 1—state grants

7111. Reservations and allotments. (a) Reservations. (b) State allotments. (c) Limitation. 7112. Reservation of State funds for safe and drug-free schools. (a) State reservation for the chief executive officer of a State. (b) In State distribution. (c) State activities. 7113. State application. (a) In general. (b) Interim application. (c) Approval process. 7114. Local educational agency program. (a) In general. (b) Eligibility. (c) Development. (d) Contents of applications. (e) Review of application. (f) Approval process. 7115. Authorized activities. (a) Principles of effectiveness. (b) Local educational agency activities. (c) Limitation. (d) Rule of construction. 7116. Reporting. (a) State report. (b) Local educational agency report. 7117. Programs for Native Hawaiians. (a) General authority. (b) Definition of Native Hawaiian.

subpart 2—national programs

7131. Federal activities. (a) Program authorized. (b) Peer review. 7132. Impact evaluation. (a) Biennial evaluation. (b) Data collection. (c) Biennial report. 7133. Hate crime prevention. (a) Grant authorization. (b) Use of funds. (c) Award of grants. (d) Reports. 7134. Safe and Drug-Free Schools and Communities Advisory Committee. (a) Establishment. (b) Programs. 7135. National Coordinator Program. (a) In general. (b) Use of funds. 7136. Community service grant program. (a) In general. (b) Allocation. (c) Minimum. (d) Reallotment. (e) Definition. 7137. School Security Technology and Resource Center. (a) Center. (b) Administration. (c) Functions. 7138. National Center for School and Youth Safety. (a) Establishment. (b) Duties. 7139. Grants to reduce alcohol abuse. (a) In general. (b) Eligibility. (c) Streamlining of process for low-income and rural LEAs. (d) Reservations. 7140. Mentoring programs. (a) Purpose; definitions. (b) Grant program.

subpart 3—gun possession

7151. Gun-free requirements. (a) Short title. (b) Requirements. (c) Special rule. (d) Report to State. (e) Reporting. (f) Definition. (g) Exception. (h) Policy regarding criminal justice system referral.

subpart 4—general provisions

7161. Definitions. 7162. Message and materials. (a) “Wrong and harmful” message. (b) Curriculum. 7163. Parental consent. 7164. Prohibited uses of funds. 7165. Transfer of school disciplinary records. (a) Nonapplication of provisions. (b) Disciplinary records.

Part B—21st Century Community Learning Centers

7171. Purpose; definitions. (a) Purpose. (b) Definitions. 7172. Allotments to States. (a) Reservation. (b) State allotments. (c) State use of funds. 7173. State application. (a) In general. (b) Deemed approval. (c) Disapproval. (d) Notification. (e) Response. (f) Failure to respond. 7174. Local competitive grant program. (a) In general. (b) Application. (c) Approval of certain applications. (d) Permissive local match. (e) Peer review. (f) Geographic diversity. (g) Duration of awards. (h) Amount of awards. (i) Priority. 7175. Local activities. (a) Authorized activities. (b) Principles of effectiveness. 7176. Authorization of appropriations.

Part C—Environmental Tobacco Smoke

7181. Short title. 7182. Definitions. 7183. Nonsmoking policy for children’s services. (a) Prohibition. (b) Additional prohibition. (c) Federal agencies. (d) Notice. (e) Civil penalties. 7184. Preemption. SUBCHAPTER V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

Part A—Innovative Programs

7201. Purposes, State and local responsibility. (a) Purposes. (b) State and local responsibility.

subpart 1—state and local programs

7211. Allotment to States. (a) In general. (b) Reservation. 7211a. Allocation to local educational agencies. (a) Distribution rule. (b) Limitations and requirements. (c) Calculation of enrollments. (d) Payment of allocations.

subpart 2—state programs

7213. State uses of funds. 7213a. State applications. (a) Application requirements. (b) Statewide summary. (c) Period of application. (d) Audit rule.

subpart 3—local innovative education programs

7215. Local uses of funds. (a) Innovative assistance programs. (b) Requirements. (c) Guidelines. 7215a. Administrative authority. 7215b. Local applications. (a) Submission of application. (b) Certification and contents of application. (c) Period of application. (d) Local educational agency discretion.

subpart 4—general provisions

7217. Maintenance of effort. (a) In general. (b) Reduction of funds. (c) Waiver. 7217a. Participation of children enrolled in private schools. (a) Participation on equitable basis. (b) Equal expenditures. (c) Administrative requirements. (d) Waiver. (e) Withholding of allotment or allocation. (f) Duration of determination. (g) Payment from State allotment. (h) Review of determination. (i) Prior determination. 7217b. Federal administration. (a) Technical assistance. (b) Rulemaking. (c) Availability of appropriations. 7217c. Supplement, not supplant. 7217d. Definitions. 7217e. Authorization of appropriations.

Part B—Public Charter Schools

subpart 1—charter school programs

7221. Purpose. 7221a. Program authorized. (a) In general. (b) Special rule. (c) Program periods. (d) Limitation. (e) Priority treatment. (f) Amount criteria. 7221b. Applications. (a) Applications from State agencies. (b) Contents of a State educational agency application. (c) Eligible applicant application. (d) Contents of eligible applicant application. 7221c. Administration. (a) Selection criteria for State educational agencies. (b) Selection criteria for eligible applicants. (c) Peer review. (d) Diversity of projects. (e) Waivers. (f) Use of funds. (g) Tribally controlled schools. 7221d. National activities. (a) In general. (b) Per-pupil facilities aid programs. (c) Rule of construction. 7221e. Federal formula allocation during first year and for successive enrollment expansions. (a) In general. (b) Adjustment and late openings. 7221f. Solicitation of input from charter school operators. 7221g. Records transfer. 7221h. Paperwork reduction. 7221i. Definitions. 7221j. Authorization of appropriations. (a) In general. (b) Reservation.

subpart 2—credit enhancement initiatives to assist charter school facility acquisition, construction, and renovation

7223. Purpose. 7223a. Grants to eligible entities. (a) Grants. (b) Grantee selection. (c) Grant characteristics. (d) Special rule. 7223b. Applications. (a) In general. (b) Contents. 7223c. Charter school objectives. 7223d. Reserve account. (a) Use of funds. (b) Investment. (c) Reinvestment of earnings. 7223e. Limitation on administrative costs. 7223f. Audits and reports. (a) Financial record maintenance and audit. (b) Reports. 7223g. No full faith and credit for grantee obligations. 7223h. Recovery of funds. (a) In general. (b) Exercise of authority. (c) Procedures. (d) Construction. 7223i. Definitions. 7223j. Authorization of appropriations.

subpart 3—voluntary public school choice programs

7225. Grants. (a) Authorization. (b) Duration. 7225a. Uses of funds. (a) Required use of funds. (b) Permissible uses of funds. (c) Nonpermissible uses of funds. (d) Administrative expenses. 7225b. Applications. (a) Submission. (b) Contents. 7225c. Priorities. 7225d. Requirements and voluntary participation. (a) Parent and community involvement and notice. (b) Selection of students. (c) Voluntary participation. 7225e. Evaluations. (a) In general. (b) Evaluations. 7225f. Definitions. 7225g. Authorization of appropriations.

Part C—Magnet Schools Assistance

7231. Findings and purpose. (a) Findings. (b) Purpose. 7231a. Definition. 7231b. Program authorized. 7231c. Eligibility. 7231d. Applications and requirements. (a) Applications. (b) Information and assurances. (c) Special rule. 7231e. Priority. 7231f. Use of funds. (a) In general. (b) Special rule. 7231g. Prohibition. 7231h. Limitations. (a) Duration of awards. (b) Limitation on planning funds. (c) Amount. (d) Timing. 7231i. Evaluations. (a) Reservation. (b) Contents. (c) Dissemination. 7231j. Authorization of appropriations; reservation. (a) Authorization. (b) Availability of funds for grants to agencies not previously assisted.

Part D—Fund for the Improvement of Education

7241. Authorization of appropriations.

subpart 1—fund for the improvement of education

7243. Programs authorized. (a) Authorization. (b) Uses of funds. (c) Basis of awards. (d) Effectiveness of programs. 7243a. Applications. (a) Submission. (b) Contents. (c) Peer review. 7243b. Program requirements. (a) Evaluations. (b) Dissemination of evaluation results. (c) Matching funds. (d) Special rule for recognition programs. 7243c. Studies of national significance. (a) Studies. (b) Completion date. (c) Public dissemination.

subpart 2—elementary and secondary school counseling programs

7245. Elementary and secondary school counseling programs. (a) Grants authorized. (b) Applications. (c) Use of funds. (d) Limitation on administrative costs. (e) Definitions. (f) Report. (g) Special rule.

subpart 3—partnerships in character education

7247. Partnerships in character education program. (a) Program authorized. (b) Contracts under program. (c) Elements of character. (d) Use of funds by State educational agency recipients. (e) Application. (f) Selection of recipients. (g) Participation by private school children and teachers. (h) Evaluation and program development. (i) Permissive match.

subpart 4—smaller learning communities

7249. Smaller learning communities. (a) Grant authority. (b) Application. (c) Authorized activities.

subpart 5—reading is fundamental—inexpensive book distribution program

7251. Inexpensive book distribution program for reading motivation. (a) Purpose. (b) Authorization. (c) Requirements of contract. (d) Restriction on payments. (e) Special rules for certain subcontractors. (f) Multi-year contracts. (g) Federal share defined.

subpart 6—gifted and talented students

7253. Short title. 7253a. Purpose. 7253b. Rule of construction. 7253c. Authorized programs. (a) Establishment of program. (b) Use of funds. (c) Special rule. (d) Center for research and development. (e) Coordination. 7253d. Program priorities. (a) General priority. (b) Service priority. 7253e. General provisions. (a) Participation of private school children and teachers. (b) Review, dissemination, and evaluation. (c) Program operations.

subpart 7—star schools program

7255. Short title. 7255a. Purposes. 7255b. Grant program authorized. (a) Authorization. (b) Duration and amount. (c) Renewal. (d) Reservations. (e) Federal share. (f) Required local educational agency participation. (g) Assistance obtaining satellite time. 7255c. Applications. (a) Submission. (b) Contents. (c) Approval. 7255d. Other grant assistance. (a) Special statewide network. (b) Special local network. (c) Telecommunications programs for continuing education. 7255e. Administrative provisions. (a) Leadership, evaluation, and peer review. (b) Coordination. (c) Funds from other agencies. (d) Availability of funds. (e) Closed captioning and descriptive video. 7255f. Definitions.

subpart 8—ready to teach

7257. Grants. (a) In general. (b) Digital educational programming. 7257a. Application required. (a) General application. (b) Programming application. 7257b. Reports and evaluation. 7257c. Digital educational programming grants. (a) Grants. (b) Eligible entities. (c) Competitive basis. (d) Matching requirement. (e) Duration. 7257d. Administrative costs.

subpart 9—foreign language assistance program

7259. Short title. 7259a. Program authorized. (a) Program authority. (b) Requirements. (c) Federal share. (d) Special rule. (e) Reservation. 7259b. Applications. (a) In general. (b) Special consideration. 7259c. Elementary school foreign language incentive program. (a) Incentive payments. (b) Amount. (c) Requirement.

subpart 10—physical education

7261. Short title. 7261a. Purpose. 7261b. Program authorized. (a) Authorization. (b) Program elements. (c) Special rule. 7261c. Applications. (a) Submission. (b) Private school and home-schooled students. 7261d. Requirements. (a) Annual report to the Secretary. (b) Administrative expenses. 7261e. Administrative provisions. (a) Federal share. (b) Proportionality. (c) Report to Congress. (d) Availability of funds. 7261f. Supplement, not supplant.

subpart 11—community technology centers

7263. Purpose and program authorization. (a) Purpose. (b) Program authorization. 7263a. Eligibility and application requirements. (a) Eligible applicants. (b) Application requirements. (c) Matching requirements. 7263b. Uses of funds. (a) Required uses. (b) Permissible uses.

subpart 12—educational, cultural, apprenticeship, and exchange programs for alaska natives, native hawaiians, and their historical whaling and trading partners in massachusetts

7265. Short title. 7265a. Findings and purposes. (a) Findings. (b) Purposes. 7265b. Program authorization. (a) Grants and contracts. (b) Uses of funds. 7265c. Administrative provisions. (a) Application required. (b) Local educational agency coordination. 7265d. Availability of funds. 7265e. Definitions.

subpart 13—excellence in economic education

7267. Short title. 7267a. Purpose and goals. (a) Purpose. (b) Objectives. 7267b. Grant program authorized. (a) Authorization. (b) Uses of funds. 7267c. Applications. (a) Grantee applications. (b) Recipient applications. 7267d. Requirements. (a) Administrative costs. (b) Teacher training programs. (c) Involvement of business community. (d) Additional requirements and technical assistance. 7267e. Administrative provisions. (a) Federal share. (b) Payment of non-Federal share. (c) Reports to Congress. 7267f. Supplement, not supplant.

subpart 14—grants to improve the mental health of children

7269. Grants for the integration of schools and mental health systems. (a) Authorization. (b) Duration. (c) Use of funds. (d) Applications. (e) Interagency agreements. (f) Evaluation. (g) Distribution of awards. (h) Rule of construction. (i) Supplement, not supplant. 7269a. Promotion of school readiness through early childhood emotional and social development. (a) Authorization. (b) Applications. (c) Uses of funds. (d) Limitations. (e) Evaluations. (f) Definitions.

subpart 15—arts in education

7271. Assistance for arts education. (a) Purposes. (b) Authority. (c) Eligible entities. (d) Use of funds. (e) Special rule. (f) Conditions. (g) Consultation.

subpart 16—parental assistance and local family information centers

7273. Purposes. 7273a. Grants authorized. (a) Parental information and resource centers. (b) Geographic distribution. 7273b. Applications. (a) Submission. (b) Contents. 7273c. Uses of funds. (a) In general. (b) Permissive activities. 7273d. Administrative provisions. (a) Matching funds for grant renewal. (b) Submission of information. (c) Technical assistance. (d) Rule of construction. (e) Parental rights. (f) Continuation of awards. 7273e. Local family information centers. (a) In general. (b) Local nonprofit parent organization defined.

subpart 17—combatting domestic violence

7275. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children. (a) Definitions. (b) Grants authorized. (c) Uses of funds. (d) Confidentiality. (e) Application.

subpart 18—healthy, high-performance schools

7277. Grant program authorized. 7277a. State uses of funds. (a) Subgrants. (b) Administration. 7277b. Local uses of funds. (a) In general. (b) Use of funds. 7277c. Report to Congress. 7277d. Limitations. 7277e. Healthy, high-performance school building defined.

subpart 19—grants for capital expenses of providing equitable services for private school students

7279. Grant program authorized. 7279a. Uses of funds. 7279b. Allotments to States. 7279c. Subgrants to local educational agencies. (a) Applications. (b) Distribution. 7279d. Capital expenses defined. 7279e. Termination.

subpart 20—additional assistance for certain local educational agencies impacted by federal property acquisition

7281. Reservation. 7281a. Eligibility. 7281b. Maximum amount. (a) Maximum amount. (b) Insufficient funds. (c) Excess funds.

subpart 21—women’s educational equity act

7283. Short title and findings. (a) Short title. (b) Findings. 7283a. Statement of purpose. 7283b. Programs authorized. (a) In general. (b) Grants authorized. 7283c. Applications. 7283d. Criteria and priorities. (a) Criteria and priorities. (b) Priorities. (c) Special rule. (d) Coordination. (e) Limitation. 7283e. Report. 7283f. Administration. (a) Evaluation and dissemination. (b) Program operations. 7283g. Amount. SUBCHAPTER VI—FLEXIBILITY AND ACCOUNTABILITY

Part A—Improving Academic Achievement

subpart 1—accountability

7301. Grants for State assessments and related activities. 7301a. Grants for enhanced assessment instruments. (a) Grant program authorized. (b) Application. (c) Annual report. 7301b. Funding. (a) Authorization of appropriations. (b) Allotment of appropriated funds. (c) State defined.

subpart 2—funding transferability for state and local educational agencies

7305. Short title. 7305a. Purpose. 7305b. Transferability of funds. (a) Transfers by States. (b) Transfers by local educational agencies. (c) No transfer of subchapter I funds. (d) Modification of plans and applications; notification. (e) Applicable rules.

subpart 3—state and local flexibility demonstration

7311. Short title. 7311a. Purpose. 7311b. General provision. Division A—State Flexibility Authority 7315. State flexibility. (a) Flexibility authority. (b) Definitions. (c) State applications. (d) Approval and selection. (e) Amendment to grant of authority. 7315a. Consolidation and use of funds. (a) In general. (b) Eligible funds and programs. (c) Special rule. 7315b. Performance review and penalties. (a) Midterm review. (b) Final review. 7315c. Renewal of grant of flexibility authority. (a) In general. (b) Renewal. (c) Effective date. Division B—Local Flexibility Demonstration 7321. Local flexibility demonstration agreements. (a) Authority. (b) Selection of local educational agencies. (c) Required terms of local flexibility demonstration agreement. (d) Peer review. (e) Amendment to performance agreement. 7321a. Consolidation and use of funds. (a) In general. (b) Eligible programs. 7321b. Limitations on administrative expenditures. 7321c. Performance review and penalties. (a) Midterm review. (b) Final review. 7321d. Renewal of local flexibility demonstration agreement. (a) In general. (b) Notification. (c) Effective date. 7321e. Reports. (a) Transmittal to Congress. (b) Limitation.

subpart 4—state accountability for adequate yearly progress

7325. Accountability for adequate yearly progress. 7325a. Peer review. 7325b. Technical assistance. (a) Provision of assistance. (b) Characteristics. 7325c. Report to Congress.

Part B—Rural Education Initiative

7341. Short title. 7341a. Purpose.

subpart 1—small, rural school achievement program

7345. Use of applicable funding. (a) Alternative uses. (b) Eligibility. (c) Applicable funding defined. (d) Disbursement. (e) Applicable rules. 7345a. Grant program authorized. (a) In general. (b) Allocation. (c) Disbursement. (d) Special eligibility rule. 7345b. Accountability. (a) Academic achievement assessment. (b) Determination regarding continuing participation.

subpart 2—rural and low-income school program

7351. Program authorized. (a) Grants to States. (b) Local awards. (c) Reservations. 7351a. Uses of funds. (a) Local awards. (b) Administrative costs. 7351b. Applications. (a) In general. (b) Contents. 7351c. Accountability. (a) State report. (b) Specially qualified agency report. (c) Report to Congress. (d) Academic achievement assessment. (e) Determination regarding continuing participation.

subpart 3—general provisions

7355. Annual average daily attendance determination. (a) Census determination. (b) Penalty. 7355a. Supplement, not supplant. 7355b. Rule of construction. 7355c. Authorization of appropriations.

Part C—General Provisions

7371. Prohibition against Federal mandates, direction, or control. 7372. Rule of construction on equalized spending. SUBCHAPTER VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

Part A—Indian Education

7401. Statement of policy. 7402. Purpose. (a) Purpose. (b) Programs.

subpart 1—formula grants to local educational agencies

7421. Purpose. 7422. Grants to local educa