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    Title VI, Part B Statute

    TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

    PART B—RURAL EDUCATION INITIATIVE
    Sec. 6201 Short title 
    Sec. 6202 Purpose

    Subpart 1—Small, Rural School Achievement Program
    Sec. 6211 Use of applicable funding
    Sec. 6212 Grant program authorized
    Sec. 6213 Accountability

    Subpart 2—Rural and Low-Income School Program
    Sec. 6221 Program authorized
    Sec. 6222 Uses of funds
    Sec. 6223 Applications
    Sec. 6224 Accountability

    Subpart 3—General Provisions
    Sec. 6231 Annual average daily attendance determination
    Sec. 6232 Supplement, not supplant
    Sec. 6233 Rule of construction
    Sec. 6234 Authorization of appropriations


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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.



     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.



     Subpart 2—Rural and Low-Income School Program  



    SEC. 6221 PROGRAM AUTHORIZED

    (a) GRANTS TO STATES—

    (1) IN GENERAL—From amounts appropriated under section

    6234 for this subpart for a fiscal year that are not reserved

    under subsection (c), the Secretary shall award grants (from

    allotments made under paragraph (2)) for the fiscal year to

    State educational agencies that have applications submitted

    under section 6223 approved to enable the State educational

    agencies to award grants to eligible local educational agencies

    for local authorized activities described in section 6222(a).

    (2) ALLOTMENT—From amounts described in paragraph

    (1) for a fiscal year, the Secretary shall allot to each State

    educational agency for that fiscal year an amount that bears

    the same ratio to those amounts as the number of students

    in average daily attendance served by eligible local educational

    agencies in the State for that fiscal year bears to the number

    of all such students served by eligible local educational agencies

    in all States for that fiscal year.

    (3) SPECIALLY QUALIFIED AGENCIES—

    (A) ELIGIBILITY AND APPLICATION—If a State educational

    agency elects not to participate in the program

    under this subpart or does not have an application submitted

    under section 6223 approved, a specially qualified

    agency in such State desiring a grant under this subpart

    may submit an application under such section directly to

    the Secretary to receive an award under this subpart.

    (B) DIRECT AWARDS—The Secretary may award, on

    a competitive basis or by formula, the amount the State

    educational agency is eligible to receive under paragraph

    (2) directly to a specially qualified agency in the State

    that has submitted an application in accordance with

    subparagraph (A) and obtained approval of the application.

    (C) SPECIALLY QUALIFIED AGENCY DEFINED—In this

    subpart, the term ‘specially qualified agency’ means an

    eligible local educational agency served by a State educational

    agency that does not participate in a program

    under this subpart in a fiscal year, that may apply directly

    to the Secretary for a grant in such year under this subsection.

    (b) LOCAL AWARDS—

    (1) ELIGIBILITY—A local educational agency shall be

    eligible to receive a grant under this subpart if—

    (A) 20 percent or more of the children ages 5 through

    17 years served by the local educational agency are from

    families with incomes below the poverty line; and

    (B) all of the schools served by the agency are designated

    with a school locale code of 6, 7, or 8, as determined

    by the Secretary.

    (2) AWARD BASIS—A State educational agency shall award

    grants to eligible local educational agencies—

    (A) on a competitive basis;

    (B) according to a formula based on the number of

    students in average daily attendance served by the eligible

    local educational agencies or schools in the State; or

    (C) according to an alternative formula, if, prior to

    awarding the grants, the State educational agency demonstrates,

    to the satisfaction of the Secretary, that the

    alternative formula enables the State educational agency

    to allot the grant funds in a manner that serves equal

    or greater concentrations of children from families with

    incomes below the poverty line, relative to the concentrations

    that would be served if the State educational agency

    used the formula described in subparagraph (B).

    (c) RESERVATIONS—From amounts appropriated under section

    6234 for this subpart for a fiscal year, the Secretary shall reserve—

    (1) one-half of 1 percent to make awards to elementary

    schools or secondary schools operated or supported by the

    Bureau of Indian Affairs, to carry out the activities authorized

    under this subpart; and

    (2) one-half of 1 percent to make awards to the outlying

    areas in accordance with their respective needs, to carry out

    the activities authorized under this subpart.

     SEC. 6222 USES OF FUNDS

    (a) LOCAL AWARDS—Grant funds awarded to local educational

    agencies under this subpart shall be used for any of the following:

    (1) Teacher recruitment and retention, including the use

    of signing bonuses and other financial incentives

    (2) Teacher professional development, including programs

    that train teachers to utilize technology to improve teaching

    and to train special needs teachers

    (3) Educational technology, including software and hardware,

    as described in part D of title II

    (4) Parental involvement activities

    (5) Activities authorized under the Safe and Drug-Free

    Schools program under part A of title IV

    (6) Activities authorized under part A of title I

    (7) Activities authorized under title III

    (b) ADMINISTRATIVE COSTS—A State educational agency

    receiving a grant under this subpart may not use more than 5

    percent of the amount of the grant for State administrative costs

    and to provide technical assistance to eligible local educational

    agencies.



     SEC. 6223 APPLICATIONS


    (a) IN GENERAL—Each State educational agency or specially

    qualified agency desiring to receive a grant under this subpart

    shall submit an application to the Secretary at such time, in such

    manner, and accompanied by such information as the Secretary

    may require.

    (b) CONTENTS—At a minimum, each application submitted

    under subsection (a) shall include information on specific measurable

    goals and objectives to be achieved through the activities

    carried out through the grant, which may include specific educational

    goals and objectives relating to—

    (1) increased student academic achievement;

    (2) decreased student dropout rates; or

    (3) such other factors as the State educational agency

    or specially qualified agency may choose to measure.

     SEC. 6224 ACCOUNTABILITY


    (a) STATE REPORT—Each State educational agency that

    receives a grant under this subpart shall prepare and submit an

    annual report to the Secretary. The report shall describe—

    (1) the method the State educational agency used to award

    grants to eligible local educational agencies, and to provide

    assistance to schools, under this subpart;

    (2) how local educational agencies and schools used funds

    provided under this subpart; and

    (3) the degree to which progress has been made toward

    meeting the goals and objectives described in the application

    submitted under section 6223.

    (b) SPECIALLY QUALIFIED AGENCY REPORT—Each specially

    qualified agency that receives a grant under this subpart shall

    provide an annual report to the Secretary. Such report shall

    describe—

    (1) how such agency uses funds provided under this subpart;

    and

    (2) the degree to which progress has been made toward

    meeting the goals and objectives described in the application

    submitted under section 6223.

    (c) REPORT TO CONGRESS—The Secretary shall prepare and

    submit to the Committee on Education and the Workforce of the

    House of Representatives and the Committee on Health, Education,

    Labor, and Pensions of the Senate a biennial report. The report

    shall describe—

    (1) the methods the State educational agencies used to

    award grants to eligible local educational agencies, and to provide

    assistance to schools, under this subpart;

    local educational agencies and schools used funds provided

    under this subpart; and

    (3) the degree to which progress has been made toward

    meeting the goals and objectives described in the applications

    submitted under section 6223.

    (d) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational

    agency or specially qualified agency that receives a grant

    under this subpart for a fiscal year shall administer an assessment

    that is consistent with section 1111(b)(3).

    (e) DETERMINATION REGARDING CONTINUING PARTICIPATION—

    Each State educational agency or specially qualified agency that

    receives a grant under this subpart shall—

    (1) after the third year that a local educational agency

    or specially qualified agency in the State receives funds under

    this subpart, and on the basis of the results of the assessments

    described in subsection (d)—

    (A) in the case of a local educational agency, determine

    whether the local educational agency made adequate yearly

    progress, as described in section 1111(b)(2); and

    (B) in the case of a specially qualified agency, submit

    to the Secretary information that would allow the Secretary

    to determine whether the specially qualified agency has

    made adequate yearly progress, as described in section

    1111(b)(2);

    (2) permit only those local educational agencies or specially

    qualified agencies that made adequate yearly progress, as

    described in section 1111(b)(2), to continue to receive grants

    under this subpart; and

    (3) permit those local educational agencies or specially

    qualified agencies that failed to make adequate yearly progress,

    as described in section 1111(b)(2), to continue to receive such

    grants only if the State educational agency disbursed such

    grants to the local educational agencies or specially qualified

    agencies to carry out the requirements of section 1116.


    Subpart 3—General Provisions


     SEC. 6231 ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION

    (a) CENSUS DETERMINATION—Each local educational agency

    desiring a grant under section 6212 and each local educational

    agency or specially qualified agency desiring a grant under subpart

    2 shall—

    (1) not later than December 1 of each year, conduct a

    census to determine the number of students in average daily

    attendance in kindergarten through grade 12 at the schools

    served by the agency; and

    (2) not later than March 1 of each year, submit the number

    described in paragraph (1) to the Secretary (and to the State

    educational agency, in the case of a local educational agency

    seeking a grant under subpart (2)).

    (b) PENALTY.—If the Secretary determines that a local educational

    agency or specially qualified agency has knowingly submitted

    false information under subsection (a) for the purpose of

    gaining additional funds under section 6212 or subpart 2, then

    the agency shall be fined an amount equal to twice the difference

    between the amount the agency received under this section and

    the correct amount the agency would have received under section

    6212 or subpart 2 if the agency had submitted accurate information

    under subsection (a).



    SEC. 6232 SUPPLEMENT, NOT SUPPLANT

    Funds made available under subpart 1 or subpart 2 shall

    be used to supplement, and not supplant, any other Federal, State,

    or local education funds.



     SEC. 6233 RULE OF CONSTRUCTION

    Nothing in this part shall be construed to prohibit a local

    educational agency that enters into cooperative arrangements with

    other local educational agencies for the provision of special, compensatory,

    or other education services, pursuant to State law or a

    written agreement, from entering into similar arrangements for

    the use, or the coordination of the use, of the funds made available

    under this part.



    SEC. 6234 AUTHORIZATION OF APPROPRIATIONS

    There are authorized to be appropriated to carry out this

    part $300,000,000 for fiscal year 2002 and such sums as may

    be necessary for each of the 5 succeeding fiscal years, to be distributed

    equally between subparts 1 and 2. 


    For additional information, contact:

    Division of NCLB Program Coordination
    1701 North Congress Avenue
    Austin, TX  78701
    512/463-9374 

    nclb@tea.state.tx.us

     

     

    Page last modified on 10/3/2012 11:04:04 AM.