Title II, Part D Statute

     

    Title II — Preparing, Training and Recruiting High Quality Teachers and Principals

    Part D — Enhancing Education Through Technology

    Sec. 2401 Short title.
    Sec. 2402 Purposes and goals.
    Sec. 2403 Definitions.
    Sec. 2404 Authorization of appropriations.

    Subpart 1 — State and Local Technology Grants
    Sec. 2411 Allotment and reallotment.
    Sec. 2412 Use of allotment by State.
    Sec. 2413 State applications.
    Sec. 2414 Local applications.
    Sec. 2415 State activities.
    Sec. 2416 Local activities.

    Subpart 2 — National Technology Activities
    Sec. 2421 National activities.
    Sec. 2422 National education technology plan.

    Subpart 3 — Ready-to-Learn Television
    Sec. 2431 Ready-to-Learn Television.

    Subpart 4 — Limitation on Availability of Certain Funds for Schools
    Sec. 2441 Internet safety.


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    Part D — Enhancing Education Through Technology 


    SEC. 2401  Short Title


    This part may be cited as the ‘Enhancing Education Through Technology Act of 2001’.

    SEC. 2402 PURPOSES AND GOALS


    (a) PURPOSES — The purposes of this part are the following:

    (1) To provide assistance to States and localities for the implementation and support of a comprehensive system that effectively uses technology in elementary schools and secondary
    schools to improve student academic achievement.

    (2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly in schools served by high-need local educational agencies.

    (3) To assist States and localities in the acquisition, development, interconnection, implementation, improvement, and maintenance of an effective educational technology infrastructure
    in a manner that expands access to technology for students (particularly for disadvantaged students) and teachers.

    (4) To promote initiatives that provide school teachers, principals, and administrators with the capacity to integrate technology effectively into curricula and instruction that are aligned with challenging State academic content and student academic achievement standards, through such means as high quality professional development programs.

    (5) To enhance the ongoing professional development of teachers, principals, and administrators by providing constant access to training and updated research in teaching and learning through electronic means.

    (6) To support the development and utilization of electronic networks and other innovative methods, such as distance learning, of delivering specialized or rigorous academic courses
    and curricula for students in areas that would not otherwise have access to such courses and curricula, particularly in geographically isolated regions.

    (7) To support the rigorous evaluation of programs funded under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that timely information on the results of such evaluations is widely accessible through electronic means.

    (8) To support local efforts using technology to promote parent and family involvement in education and communication among students, parents, teachers, principals, and administrators.

    (b) GOALS —

    (1) PRIMARY GOAL — The primary goal of this part is to improve student academic achievement through the use of technology in elementary schools and secondary schools.

    (2) ADDITIONAL GOALS — The additional goals of this part are the following:

    (A) To assist every student in crossing the digital divide by ensuring that every student is technologically literate by the time the student finishes the eighth grade, regardless of the student’s race, ethnicity, gender, family income, geographic location, or disability.

    (B) To encourage the effective integration of technology resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best practices by State educational agencies and local educational agencies.

    SEC. 2403  DEFINITIONS


    In this part:

    (1) ELIGIBLE LOCAL ENTITY — The term ‘eligible local entity’ means—

    (A) a high-need local educational agency; or

    (B) an eligible local partnership.

    (2) ELIGIBLE LOCAL PARTNERSHIP —The term ‘eligible local partnership’ means a partnership that—

    (A) shall include at least one high-need local educational agency and at least one—

    (i) local educational agency that can demonstrate that teachers in schools served by the agency are effectively integrating technology and proven teaching practices into instruction, based on a review of relevant research, and that the integration results in improvement in—

    (I) classroom instruction in the core academic subjects; and

    (II) the preparation of students to meet challenging State academic content and student academic achievement standards;

    (ii) institution of higher education that is in full compliance with the reporting requirements of section 207(f) of the Higher Education Act of 1965 and that has not been identified by its State as low-performing under section 208 of such Act;

    (iii) for-profit business or organization that develops, designs, manufactures, or produces technology products or services, or has substantial expertise in the application of technology in instruction; or

    (iv) public or private nonprofit organization with demonstrated experience in the application of educational technology to instruction; and

    (B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs.

    (3) HIGH-NEED LOCAL EDUCATIONAL AGENCY —The term ‘high-need local educational agency’ means a local educational agency that—

    (A) is among the local educational agencies in a State with the highest numbers or percentages of children from families with incomes below the poverty line; and

    (B)(i) operates one or more schools identified under section 1116; or

    (ii) has a substantial need for assistance in acquiring and using technology. 

     

    SEC. 2404  AUTHORIZATION OF APPROPRIATIONS


    (a) IN GENERAL — There are authorized to be appropriated to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years.

    (b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND NATIONAL INITIATIVES — The amount of funds made available under subsection (a) for a fiscal year shall be allocated so that —

    (1) not less than 98 percent is made available to carry out subpart 1; and

    (2) not more than 2 percent is made available to carry out subpart 2.

    (c) ALLOCATION OF FUNDS FOR STUDY  — Of the total amount of funds allocated under subsection (b)(2) for fiscal years 2002 through 2007, not more than $15,000,000 may be used to carry out section 2421(a).

    (d) LIMITATION — Of the amount of funds made available to a recipient of funds under this part for a fiscal year, not more than 5 percent may be used by the recipient for administrative costs or technical assistance, of which not more than 60 percent may be used by the recipient for administrative costs. 

     

    Subpart 1—State and Local Technology Grants

    SEC. 2411  ALLOTMENT AND REALLOTMENT

    (a) RESERVATIONS AND ALLOTMENT —From the amount made available to carry out this subpart under section 2404(b)(1) for a fiscal year—

    (1) the Secretary shall reserve—

    (A) three-fourths of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs;

    (B) one-half of 1 percent to provide assistance under this subpart to the outlying areas; and

    (C) such sums as may be necessary for continuation awards on grants awarded under section 3136 prior to the date of enactment of the No Child Left Behind Act of 2001; and (2) from the remainder of such amount and subject to subsection (b), the Secretary shall make grants by allotting to each eligible State educational agency under this subpart an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies.

    (b) MINIMUM ALLOTMENT — The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal year may not be less than one-half of 1 percent of the amount made available for allotments to States under this part for such year.

    (c) REALLOTMENT OF UNUSED FUNDS — If any State educational agency does not apply for an allotment under this subpart for a fiscal year, or does not use its entire allotment under this subpart for that fiscal year, the Secretary shall reallot the amount of the State educational agency’s allotment, or the unused portion of the allotment, to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section.

    (d) STATE EDUCATIONAL AGENCY DEFINED — In this section, the term ‘State educational agency’ does not include an agency of an outlying area or the Bureau of Indian Affairs.

    SEC. 2412  USE OF ALLOTMENT BY STATE

    (a) IN GENERAL — Of the amount provided to a State educational agency (from the agency’s allotment under section 2411(a)(2)) for a fiscal year—

    (1) the State educational agency may use not more than 5 percent to carry out activities under section 2415; and

    (2) the State educational agency shall distribute the remainder as follows:

    (A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to each eligible local educational agency that has submitted an application to the State educational agency under section 2414, for the activities described in section 2416, an amount that bears the same relationship to 50 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State.

    (B) From 50 percent of the remainder and subject to subsection (b), the State educational agency shall award subgrants, through a State-determined competitive process, to eligible local entities that have submitted applications to the State educational agency under section 2414, for the activities described in section 2416.

    (b) SUFFICIENT AMOUNTS —

    (1) SPECIAL RULE — In awarding a subgrant under subsection

    (a)(2)(B), the State educational agency shall —

    (A) determine the local educational agencies that —

    (i) received allocations under subsection (a)(2)(A) that are not of sufficient size to be effective, consistent with the purposes of this part; and

    (ii) are eligible local entities;

    (B) give priority to applications submitted by eligible local educational agencies described in subparagraph (A); and

    (C) determine the minimum amount for awards under subsection (a)(2)(B) to ensure that subgrants awarded under that subsection are of sufficient size to be effective.

    (2) SUFFICIENCY — In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure that each subgrant is of sufficient size and duration, and that the program funded by the subgrant is of sufficient scope and quality, to carry out the purposes of this part effectively.

    (3) DISTRIBUTION — In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure an equitable distribution of assistance under this subpart among urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the areas.

    (c) FISCAL AGENT — If an eligible local partnership receives a subgrant under subsection (a)(2)(B), a local educational agency in the partnership shall serve as the fiscal agent for the partnership.

    (d) TECHNICAL ASSISTANCE — Each State educational agency receiving a grant under section 2411(a) shall —

    (1) identify the local educational agencies served by the State educational agency that —

    (A) have the highest numbers or percentages of children from families with incomes below the poverty line; and

    (B) demonstrate to such State educational agency the greatest need for technical assistance in developing an application under section 2414; and

    (2) offer the technical assistance described in paragraph (1)(B) to those local educational agencies.

     

    SEC. 2413  STATE APPLICATIONS 

    (a) IN GENERAL — To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing a new or updated statewide long-range strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such other information as the Secretary may reasonably require.

    (b) CONTENTS — Each State application submitted under subsection

    (a) shall include each of the following:

    (1) An outline of the State educational agency’s long-term strategies for improving student academic achievement, including technology literacy, through the effective use of technology
    in classrooms throughout the State, including through improving the capacity of teachers to integrate technology effectively into curricula and instruction.

    (2) A description of the State educational agency’s goals for using advanced technology to improve student academic achievement, and how those goals are aligned with challenging
    State academic content and student academic achievement standards.

    (3) A description of how the State educational agency will take steps to ensure that all students and teachers in the State, particularly students and teachers in districts served by high-need local educational agencies, have increased access to technology.

    (4) A description of the process and accountability measures that the State educational agency will use to evaluate the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction.

    (5) A description of how the State educational agency will encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, particularly for those areas of the State that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.

    (6) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds.

    (7) A description of how the plan incorporates teacher education, professional development, and curriculum development, and how the State educational agency will work to ensure that teachers and principals in a State receiving funds under this part are technologically literate.

    (8) A description of —

    (A) how the State educational agency will provide technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or percentages of children in poverty or with the greatest need for technical assistance; and

    (B) the capacity of the State educational agency to provide such assistance.

    (9) A description of technology resources and systems that the State will provide for the purpose of establishing best practices that can be widely replicated by State educational agencies and local educational agencies in the State and in other States.

    (10) A description of the State’s long-term strategies for financing technology to ensure that all students, teachers, and classrooms have access to technology.

    (11) A description of the State’s strategies for using technology to increase parental involvement.

    (12) A description of how the State educational agency will ensure that each subgrant awarded under section 2412(a)(2)(B) is of sufficient size and duration, and that the program funded by the subgrant is of sufficient scope and quality, to carry out the purposes of this part effectively.

    (13) A description of how the State educational agency will ensure ongoing integration of technology into school curricula and instructional strategies in all schools in the State, so that technology will be fully integrated into the curricula and instruction of the schools by December 31, 2006.

    (14) A description of how the local educational agencies in the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to encourage such teachers to remain in those areas.

    (15) A description of how public and private entities will participate in the implementation and support of the plan.

    (c) DEEMED APPROVAL — An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.

    (d) DISAPPROVAL — The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing.

    (e) NOTIFICATION — If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall—

    (1) give the State educational agency notice and an opportunity for a hearing; and

    (2) notify the State educational agency of the finding of noncompliance and, in such notification, shall—

    (A) cite the specific provisions in the application that are not in compliance; and

    (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

    (f) RESPONSE — If the State educational agency responds to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of—

    (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

    (2) the expiration of the 120-day period described in subsection (c).

    (g) FAILURE TO RESPOND — If the State educational agency does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. 

     

    SEC. 2414  LOCAL APPLICATIONS


    (a) IN GENERAL — To be eligible to receive a subgrant from a State educational agency under this subpart, a local educational agency or eligible local entity shall submit to the State educational agency an application containing a new or updated local longrange strategic educational technology plan that is consistent with the objectives of the statewide educational technology plan described in section 2413(a), and such other information as the State educational agency may reasonably require, at such time and in such manner as the State educational agency may require.

    (b) CONTENTS — The application shall include each of the following:

    (1) A description of how the applicant will use Federal funds under this subpart to improve the student academic achievement, including technology literacy, of all students attending schools served by the local educational agency and to improve the capacity of all teachers teaching in schools served by the local educational agency to integrate technology effectively into curricula and instruction.

    (2) A description of the applicant’s specific goals for using advanced technology to improve student academic achievement, aligned with challenging State academic content and student academic achievement standards.

    (3) A description of the steps the applicant will take to ensure that all students and teachers in schools served by the local educational agency involved have increased access to educational technology, including how the agency would use funds under this subpart (such as combining the funds with funds from other sources), to help ensure that—

    (A) students in high-poverty and high-needs schools, or schools identified under section 1116, have access to technology; and

    (B) teachers are prepared to integrate technology effectively into curricula and instruction.

    (4) A description of how the applicant will —

    (A) identify and promote curricula and teaching strategies that integrate technology effectively into curricula and instruction, based on a review of relevant research, leading to improvements in student academic achievement, as measured by challenging State academic content and student academic achievement standards; and

    (B) provide ongoing, sustained professional development for teachers, principals, administrators, and school library media personnel serving the local educational agency, to further the effective use of technology in the classroom or library media center, including, if applicable, a list of the entities that will be partners with the local educational agency involved in providing the ongoing, sustained professional development.

    (5) A description of the type and costs of technologies to be acquired under this subpart, including services, software, and digital curricula, and including specific provisions for interoperability among components of such technologies.

    (6) A description of how the applicant will coordinate activities carried out with funds provided under this subpart with technology-related activities carried out with funds available from other Federal, State, and local sources.

    (7) A description of how the applicant will integrate technology (including software and other electronically delivered learning materials) into curricula and instruction, and a timeline for such integration.

    (8) A description of how the applicant will encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, particularly for those areas that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.

    (9) A description of how the applicant will ensure the effective use of technology to promote parental involvement and increase communication with parents, including a description of how parents will be informed of the technology being applied in their child’s education so that the parents are able to reinforce at home the instruction their child receives at school.

    (10) A description of how programs will be developed, where applicable, in collaboration with adult literacy service providers, to maximize the use of technology.

    (11) A description of the process and accountability measures that the applicant will use to evaluate the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student academic achievement standards.

    (12) A description of the supporting resources (such as services, software, other electronically delivered learning materials, and print resources) that will be acquired to ensure successful and effective uses of technology.

    (c) COMBINED APPLICATIONS — A local educational agency that is an eligible local entity and submits an application to the State educational agency under this section for funds awarded under
    section 2412(a)(2)(A) may combine the agency’s application for funds awarded under that section with an application for funds awarded under section 2412(a)(2)(B).

    (d) SPECIAL RULE —

    (1) CONSORTIUM APPLICATIONS —

    (A) IN GENERAL — For any fiscal year, a local educational agency applying for financial assistance described in section 2412(a)(2)(A) may apply as part of a consortium that includes other local educational agencies, institutions of higher education, educational service agencies, libraries, or other educational entities appropriate to provide local programs.

    (B) FISCAL AGENT — If a local educational agency applies for and receives financial assistance described in section 2412(a)(2)(A) as part of a consortium, the local educational agency shall serve as the fiscal agent for the consortium.

    (2) STATE EDUCATIONAL AGENCY ASSISTANCE — At the request of a local educational agency, a State educational agency may assist the local educational agency in the formation of a consortium described in paragraph (1) to provide services for the teachers and students served by the local educational agency.

     

    SEC. 2415 STATE ACTIVITIES



    From funds made available under section 2412(a)(1), a State educational agency shall carry out activities and assist local efforts to carry out the purposes of this part, which may include the

    following activities:

    (1) Developing, or assisting applicants or recipients of funds under this subpart in the development and utilization of, innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, and providing other technical assistance to such applicants or recipients throughout the State, with priority given to high-need local educational agencies.

    (2) Establishing or supporting public-private initiatives (such as interest-free or reduced-cost loans) for the acquisition of educational technology for high-need local educational agencies and students attending schools served by such agencies.

    (3) Assisting recipients of funds under this subpart in providing sustained and intensive, high-quality professional development based on a review of relevant research in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, including training in the use of technology to—

    (A) access data and resources to develop curricula and instructional materials;

    (B) enable teachers—

    (i) to use the Internet and other technology to communicate with parents, other teachers, principals, and administrators; and

    (ii) to retrieve Internet-based learning resources; and

    (C) lead to improvements in classroom instruction in the core academic subjects, that effectively prepare students to meet challenging State academic content standards and student academic achievement standards.

    (4) Assisting recipients of funds under this subpart in providing all students (including students with disabilities and students with limited English proficiency) and teachers with access to educational technology.

    (5) Developing performance measurement systems to determine the effectiveness of educational technology programs funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student academic achievement standards.

    (6) Collaborating with other State educational agencies on distance learning, including making specialized or rigorous academic courses and curricula available to students in areas that would not otherwise have access to such courses and curricula.

     

    SEC. 2416  LOCAL ACTIVITIES


    (a) PROFESSIONAL DEVELOPMENT —

    (1) IN GENERAL — A recipient of funds made available under section 2412(a)(2) shall use not less than 25 percent of such funds to provide ongoing, sustained, and intensive, high-quality professional development. The recipient shall provide professional development in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, such as professional development in the use of technology—

    (A) to access data and resources to develop curricula and instructional materials;

    (B) to enable teachers—

    (i) to use the Internet and other technology to communicate with parents, other teachers, principals, and administrators; and

    (ii) to retrieve Internet-based learning resources; and

    (C) to lead to improvements in classroom instruction in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and student academic achievement standards.

    (2) WAIVERS — Paragraph (1) shall not apply to a recipient of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency involved, that the recipient already provides ongoing, sustained, and intensive, high-quality professional development that is based on a review of relevant research, to all teachers in core academic subjects in the integration of advanced technologies, including emerging technologies, into curricula and instruction.

    (b) OTHER ACTIVITIES — In addition to the activities described in subsection (a), a recipient of funds made available by a State educational agency under section 2412(a)(2) shall use such funds
    to carry out other activities consistent with this subpart, which may include the following:

    (1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to increase access to technology for students and teachers, with special emphasis on the access of high-need schools to technology.

    (2) Adapting or expanding existing and new applications of technology to enable teachers to increase student academic achievement, including technology literacy—

    (A) through the use of teaching practices that are based on a review of relevant research and are designed to prepare students to meet challenging State academic content and student academic achievement standards; and

    (B) by the development and utilization of innovative distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would not otherwise have access to such courses and curricula.

    (3) Acquiring proven and effective courses and curricula that include integrated technology and are designed to help students meet challenging State academic content and student academic achievement standards.

    (4) Utilizing technology to develop or expand efforts to connect schools and teachers with parents and students to promote meaningful parental involvement, to foster increased communication about curricula, assignments, and assessments between students, parents, and teachers, and to assist parents to understand the technology being applied in their child’s education, so that parents are able to reinforce at home the instruction their child receives at school.

    (5) Preparing one or more teachers in elementary schools and secondary schools as technology leaders who are provided with the means to serve as experts and train other teachers in the effective use of technology, and providing bonus payments to the technology leaders.

    (6) Acquiring, adapting, expanding, implementing, repairing, and maintaining existing and new applications of technology, to support the school reform effort and to improve student academic achievement, including technology literacy.

    (7) Acquiring connectivity linkages, resources, and services (including the acquisition of hardware and software and other electronically delivered learning materials) for use by teachers, students, academic counselors, and school library media personnel in the classroom, in academic and college counseling centers, or in school library media centers, in order to improve student academic achievement.

    (8) Using technology to collect, manage, and analyze data to inform and enhance teaching and school improvement efforts.

    (9) Implementing performance measurement systems to determine the effectiveness of education technology programs funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students to meet challenging State academic content and student academic achievement standards.

    (10) Developing, enhancing, or implementing information technology courses. 

     

    Subpart 2—National Technology Activities 

    SEC. 2421  NATIONAL ACTIVITIES


    (a) STUDY — Using funds made available under section

    2404(b)(2), the Secretary—

    (1) shall conduct an independent, long-term study, utilizing scientifically based research methods and control groups or control conditions—

    (A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and

    (B) on the conditions and practices that increase the ability of teachers to integrate technology effectively into curricula and instruction, that enhance the learning environment and opportunities, and that increase student academic achievement, including technology literacy;

    (2) shall establish an independent review panel to advise the Secretary on methodological and other issues that arise in conducting the long-term study;

    (3) shall consult with other interested Federal departments or agencies, State and local educational practitioners and policymakers (including teachers, principals, and superintendents), and experts in technology, regarding the study; and

    (4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April 1, 2006, on the findings of the study.

    (b) DISSEMINATION — Using funds made available under section 2404(b)(2), the Secretary shall make widely available, including through dissemination on the Internet and to all State educational agencies and other recipients of funds under this part, findings identified through activities carried out under this section regarding the conditions and practices under which educational technology is effective in increasing student academic achievement.

    (c) TECHNICAL ASSISTANCE — Using funds made available under section 2404(b)(2), the Secretary may provide technical assistance (directly or through the competitive award of grants or contracts) to State educational agencies, local educational agencies, and other recipients of funds, particularly in rural areas, under this part, in order to assist such State educational agencies, local educational agencies, and other recipients to achieve the purposes of this part.

     SEC. 2422  NATIONAL EDUCATION TECHNOLOGY PLAN
    (a) IN GENERA — Based on the Nation’s progress and an assessment by the Secretary of the continuing and future needs of the Nation’s schools in effectively using technology to provide all students the opportunity to meet challenging State academic content and student academic achievement standards, the Secretary shall update and publish, in a form readily accessible to the public, a national long-range technology plan, by not later than 12 months after the date of enactment of the No Child Left Behind Act of 2001.

    (b) CONTENTS — The plan referred to in subsection (a) shall include each of the following:

    (1) A description of the manner in which the Secretary will promote—

    (A) higher student academic achievement through the integration of advanced technologies, including emerging technologies, into curricula and instruction;

    (B) increased access to technology for teaching and learning for schools with a high number or percentage of children from families with incomes below the poverty line; and

    (C) the use of technology to assist in the implementation of State systemic reform strategies.

    (2) A description of joint activities of the Department of Education and other Federal departments or agencies that will promote the use of technology in education. 

     

    Subpart 3—Ready-to-Learn Television 

    SEC. 2431  READY-TO-LEARN TELEVISION


    (a) PROGRAM AUTHORIZED —

    (1) IN GENERAL — The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible entities described in paragraph (3) to enable such entities—

    (A) to develop, produce, and distribute educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement;

    (B) to facilitate the development, directly or through contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and services that promote the effective use of such programming;

    (C) to facilitate the development of programming and digital content containing Ready-to-Learn-based children’s programming and resources for parents and caregivers that is specially designed for nationwide distribution over public

    television stations’ digital broadcasting channels and the Internet;

    (D) to contract with entities (such as public telecommunications entities) so that programs developed under this section are disseminated and distributed to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and

    (E) to develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that are designed—

    (i) to promote school readiness; and

    (ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, teachers, Head Start providers, Even Start providers, providers of family literacy services, child care providers, early childhood development personnel, elementary school teachers, public libraries, and afterschool program personnel caring for preschool and elementary school children.

    (2) AVAILABILITY — In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, Even Start providers, and providers of family literacy services to increase the effective use of such programming.

    (3) ELIGIBLE ENTITIES — To be eligible to receive a grant, contract, or cooperative agreements under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following:

    (A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children.

    (B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality.

    (C) A capacity, consistent with the entity’s mission and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products.

    (D) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level.

    (4) COORDINATION OF ACTIVITIES — An entity receiving a grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services—

    (A) to maximize the utilization of quality educational programming by preschool and elementary school children, and make such programming widely available to federally funded programs serving such populations; and

    (B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act (42 U.S.C. 9831 et seq.) and Even Start, and State training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent and child care provider skills in early childhood development and education.

    (b) APPLICATIONS — To be eligible to receive a grant, contract,  or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require.

    (c) REPORTS AND EVALUATIONS —

    (1) ANNUAL REPORT TO THE SECRETARY — An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following:

    (A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target population of the programs developed.

    (B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming.

    (C) The means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available, and the geographic distribution achieved through such technologies.

    (D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational
    and instructional programming.

    (2) REPORT TO CONGRESS — The Secretary shall prepare and submit to the relevant committees of Congress a biannual report that includes the following:

    (A) A summary of the activities assisted under subsection (a).

    (B) A description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection.

    (d) ADMINISTRATIVE COSTS —An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract,
    or agreement for the normal and customary expenses of administering the grant, contract, or agreement.

    (e) AUTHORIZATION OF APPROPRIATIONS —

    (1) IN GENERAL — There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002, and for each of the 5 succeeding fiscal years.

    (2) FUNDING RULE — Not less than 60 percent of the amount appropriated under paragraph (1) for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). 

     

    Subpart 4—Limitation on Availability of Certain Funds for Schools 


    SEC. 2441  INTERNET SAFETY

    (a) IN GENERAL — No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both—

    (1)(A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

    (i) obscene;

    (ii) child pornography; or

    (iii) harmful to minors; and

    (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and

    (2)(A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—

    (i) obscene; or

    (ii) child pornography; and

    (B) is enforcing the operation of such technology protection measure during any use of such computers.


    (b) TIMING AND APPLICABILITY OF IMPLEMENTATION —

    (1) IN GENERAL — The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 2000, and for each subsequent program funding year thereafter.

    (2) PROCESS —

    (A) SCHOOLS WITH INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE — A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this Act.

    (B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE —

    (i) CERTIFICATION — A local educational agency with responsibility for a school covered by subsection

    (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a)—

    (I) for the first program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements; and

    (II) for the second program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that such school is in compliance
    with such requirements.

    (ii) INELIGIBILITY — Any school covered by subsection

    (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements.

    (C) WAIVERS — Any school subject to a certification under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required
    by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is applying for funds under this part.

    (c) DISABLING DURING CERTAIN USE — An administrator, supervisor, or person authorized by the responsible authority under subsection

    (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.

    (d) NONCOMPLIANCE —

    (1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES — Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply
    substantially with the requirements of this section, the Secretary may—

    (A) withhold further payments to the recipient under this part;

    (B) issue a complaint to compel compliance of the recipient through a cease and desist order; or

    (C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements, in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act.

    (2) RECOVERY OF FUNDS PROHIBITED — The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure.

    (3) RECOMMENCEMENT OF PAYMENTS — Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph.

    (e) DEFINITIONS — In this subpart:

    (1) COMPUTER — The term ‘computer’ includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.

    (2) ACCESS TO INTERNET.—A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet.

    (3) ACQUISITION OR OPERATION — An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly—

    (A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or

    (B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.

    (4) MINOR — The term ‘minor’ means an individual who has not attained the age of 17.

    (5) CHILD PORNOGRAPHY — The term ‘child pornography’ has the meaning given that term in section 2256 of title 18, United States Code.

    (6) HARMFUL TO MINORS — The term ‘harmful to minors’ means any picture, image, graphic image file, or other visual depiction that—

    (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

    (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

    (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

    (7) OBSCENE — The term ‘obscene’ has the meaning applicable to that term under section 1460 of title 18, United States Code.

    (8) SEXUAL ACT AND SEXUAL CONTACT — The terms ‘sexual act’ and ‘sexual contact’ have the meanings given those terms in section 2246 of title 18, United States Code.

    (f) SEVERABILITY — If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.’’. 

     


    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 11:20:04 AM.