Title V, Part A Statute

Promoting Informed Parental Choice & Innovative Programs

PART A—INNOVATIVE PROGRAMS

Sec. 5101. Purposes, State and local responsibility.

Subpart 1—State and Local Programs
Sec. 5111. Allotment to States.
Sec. 5112. Allocation to local educational agencies.

Subpart 2—State Programs
Sec. 5121. State uses of funds.
Sec. 5122. State applications.

Subpart 3—Local Innovative Education Programs
Sec. 5131. Local uses of funds.
Sec. 5132. Administrative authority.
Sec. 5133. Local applications.

Subpart 4—General Provisions
Sec. 5141. Maintenance of effort.
Sec. 5142. Participation of children enrolled in private schools.
Sec. 5143. Federal administration.
Sec. 5144. Supplement, not supplant.
Sec. 5145. Definitions.
Sec. 5146. Authorization of appropriations.

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PART A—INNOVATIVE PROGRAMS

SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.

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

(1) To support local education reform efforts that are consistent

with and support statewide education reform efforts.

(2) To provide funding to enable State educational agencies

and local educational agencies to implement promising educational

reform programs and school improvement programs

based on scientifically based research.

(3) To provide a continuing source of innovation and educational

improvement, including support programs to provide

library services and instructional and media materials.

(4) To meet the educational needs of all students, including

at-risk youth.

(5) To develop and implement education programs to

improve school, student, and teacher performance, including

professional development activities and class size reduction programs.

(b) STATE AND LOCAL RESPONSIBILITY.—The State educational

agency shall bear the basic responsibility for the administration

of funds made available under this part, but it is the intent of

Congress that the responsibility be carried out with a minimum

of paperwork and that the responsibility for the design and

implementation of programs assisted under this part be mainly

that of local educational agencies, school superintendents and principals,

and classroom teachers and supporting personnel, because

local educational agencies and individuals have the most direct

contact with students and are most likely to be able to design

programs to meet the educational needs of students in their own

school districts.

Subpart 1—State and Local Programs

SEC. 5111. ALLOTMENT TO STATES.

(a) IN GENERAL.—From the sums appropriated to carry out

this part for each fiscal year and not reserved under subsection

(b), the Secretary shall allot, and make available in accordance

with this part, to each State educational agency an amount that

bears the same ratio to such sums as the school-age population

of the State bears to the school-age population of all States, except

that no State shall receive less than an amount equal to onehalf

of 1 percent of such sums.

(b) RESERVATION.—From the sums appropriated to carry out

this part for each fiscal year, the Secretary shall reserve not more

than 1 percent for payments to the outlying areas, to be allotted

in accordance with their respective needs for assistance under this

part.

SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

(a) DISTRIBUTION RULE.—

(1) ALLOCATION OF BASE AMOUNTS.—From the amount

made available to a State educational agency under this part

for a fiscal year, the State educational agency shall distribute,

to local educational agencies within the State, an amount that

is not less than 85 percent of the amount made available

to the State educational agency under this part for fiscal year

2002, according to the relative enrollments in public and in

private nonprofit schools within the jurisdictions of such local

educational agencies, adjusted, in accordance with criteria

approved by the Secretary, to provide higher per-pupil allocations

to local educational agencies that have the greatest numbers

or percentages of children whose education imposes a

higher-than-average cost per child, such as—

(A) children living in areas with high concentrations

of economically disadvantaged families;

(B) children from economically disadvantaged families;

and

(C) children living in sparsely populated areas.

(2) ALLOCATION OF INCREASED AMOUNTS.—From the

amount made available to a State educational agency under

this part for a fiscal year that exceeds the amount made available

to the agency under this part for fiscal year 2002, the

State educational agency shall distribute 100 percent (or, in

the case of a State educational agency receiving a minimum

allotment under section 5111(a), not less than 50 percent, notwithstanding

subsection (b)) to local educational agencies

within the State, on the same basis as the State educational

agency distributes amounts under paragraph (1).

(b) LIMITATIONS AND REQUIREMENTS.—Not more than 15 percent

of funds made available under section 5111 for State programs

under this part for any fiscal year may be used for State administration

under section 5121.

(c) CALCULATION OF ENROLLMENTS.—

(1) IN GENERAL.—The calculation of relative enrollments

under subsection (a)(1) shall be on the basis of the total of—

(A) the number of children enrolled in public schools;

and

(B) the number of children enrolled in private nonprofit

schools that participated in programs assisted under

this part, for the fiscal year preceding the fiscal year for

which the determination is made.

(2) RULE OF CONSTRUCTION.—Nothing in this subsection

shall diminish the responsibility of each local educational

agency to contact, on an annual basis, appropriate officials

from private nonprofit schools within the areas served by such

agencies in order to determine whether such schools desire

that their children participate in programs assisted under this

part.

(3) ADJUSTMENTS.—

(A) STATE CRITERIA.—Relative enrollments calculated

under subsection (a)(1) shall be adjusted, in accordance

with criteria approved by the Secretary under subparagraph

(B), to provide higher per-pupil allocations only to

local educational agencies that serve the greatest numbers

or percentages of—

(i) children living in areas with high concentrations

of economically disadvantaged families;

(ii) children from economically disadvantaged

families; or

(iii) children living in sparsely populated areas.

(B) REVIEW OF CRITERIA.—The Secretary shall review

criteria submitted by a State educational agency for

adjusting allocations under paragraph (1) and shall approve

such criteria only if the Secretary determines that such

criteria are reasonably calculated to produce an adjusted

allocation that reflects the relative needs of the State’s

local educational agencies based on the factors set forth

in subparagraph (A).

(d) PAYMENT OF ALLOCATIONS.—

(1) DISTRIBUTION.—From the funds paid to a State educational

agency under this subpart for a fiscal year, the State

educational agency shall distribute to each eligible local educational

agency that has submitted an application as required

by section 5133 the amount of such local educational agency’s

allocation, as determined under subsection (a).

(2) ADDITIONAL FUNDS.—

(A) USE.—Additional funds resulting from higher perpupil

allocations provided to a local educational agency

on the basis of adjusted enrollments of children described

in subsection (a)(1) may, in the discretion of the local

educational agency, be allocated for expenditures to provide

services for children enrolled in public schools and private

nonprofit schools in direct proportion to the number of

children described in subsection (a)(1) and enrolled in such

schools within the area served by the local educational

agency.

(B) ALLOCATION.—In any fiscal year, any local educational

agency that elects to allocate such additional funds

in the manner described in subparagraph (A) shall allocate

all additional funds to schools within the area served by

the local educational agency in such manner.

(C) RULE OF CONSTRUCTION.—Subparagraphs (A) and

(B) may not be construed to require any school to limit

the use of the additional funds described in subparagraph

(A) to the provision of services to specific students or categories

of students.

Subpart 2—State Programs

SEC. 5121. STATE USES OF FUNDS.

A State educational agency may use funds made available

for State use under section 5112(b) only for one or more of the

following:

(1) State administration of programs under this part,

including—

(A) allocating funds to local educational agencies;

(B) planning, supervising, and processing State educational

agency funds; and

(C) monitoring and evaluating programs under this

part.

(2) Support for the planning, design, and initial

implementation of charter schools as described in part B.

(3) Statewide education reform, school improvement programs

and technical assistance and direct grants to local educational

agencies, which assist such agencies under section

5131.

(4) Support for the design and implementation of highquality

yearly student assessments.

(5) Support for implementation of challenging State and

local academic achievement standards.

(6) Support for arrangements that provide for independent

analysis to measure and report on school district achievement.

(7) Support for the program described in section 321 of

the Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Act, 2001 (as

enacted into law by section 1(a)(1) of Public Law 106–554).

(8) Support for programs to assist in the implementation

of the policy described in section 9507 which may include

payment of reasonable transportation costs and tuition costs

for such students.

SEC. 5122. STATE APPLICATIONS.

(a) APPLICATION REQUIREMENTS.—Any State that desires to

receive assistance under this part shall submit to the Secretary

an application that includes each of the following:

(1) Designation of the State educational agency as the

State agency responsible for administration and supervision

of programs assisted under this part.

(2) Provision for an annual statewide summary of how

assistance under this part is contributing toward improving

student academic achievement or improving the quality of education

for students.

(3) Information setting forth the allocation of funds

required to implement section 5142.

(4) A provision that the State educational agency will

keep such records, and provide such information to the Secretary,

as may be required for fiscal audit and program evaluation

(consistent with the responsibilities of the Secretary under

this section).

(5) An assurance that, apart from providing technical and

advisory assistance and monitoring compliance with this part,

the State educational agency has not exercised, and will not

exercise, any influence in the decisionmaking processes of local

educational agencies as to the expenditure made pursuant to

an application submitted under section 5133.

(6) An assurance that there is compliance with the specific

requirements of this part.

(7) Provision for timely public notice and public dissemination

of the information provided under paragraph (3).

(b) STATEWIDE SUMMARY.—The statewide summary referred

to in subsection (a)(2) shall be submitted annually to the Secretary

and shall be derived from the evaluation information submitted

by local educational agencies to the State educational agency under

section 5133(b)(8). The State educational agency shall determine

the format and content of such summary and may include in the

summary statistical measures, such as the number of students

served by each type of innovative assistance program described

in section 5131 and the number of teachers trained.

(c) PERIOD OF APPLICATION.—An application submitted by the

State educational agency under subsection (a) shall be for a period

not to exceed 3 years. The agency may amend the application

annually, as may be necessary to reflect changes, without filing

a new application.

(d) AUDIT RULE.—A local educational agency that receives

less than an average of $10,000 under this part for any 3 consecutive

fiscal years shall not be audited more frequently than once every

Subpart 3—Local Innovative Education

Programs

SEC. 5131. LOCAL USES OF FUNDS.

(a) INNOVATIVE ASSISTANCE PROGRAMS.—Funds made available

to local educational agencies under section 5112 shall be used

for innovative assistance programs, which may include any of the

following:

(1) Programs to recruit, train, and hire highly qualified

teachers to reduce class size, especially in the early grades,

and professional development activities carried out in accordance

with title II, that give teachers, principals, and administrators

the knowledge and skills to provide students with the

opportunity to meet challenging State or local academic content

standards and student academic achievement standards.

(2) Technology activities related to the implementation

of school-based reform efforts, including professional development

to assist teachers and other school personnel (including

school library media personnel) regarding how to use technology

effectively in the classrooms and the school library media centers

involved.

(3) Programs for the development or acquisition and use

of instructional and educational materials, including library

services and materials (including media materials), academic

assessments, reference materials, computer software and hardware

for instructional use, and other curricular materials that

are tied to high academic standards, that will be used to

improve student academic achievement, and that are part of

an overall education reform program.

(4) Promising education reform projects, including magnet

schools.

(5) Programs to improve the academic achievement of

educationally disadvantaged elementary school and secondary

school students, including activities to prevent students from

dropping out of school.

(6) Programs to improve the literacy skills of adults, especially

the parents of children served by the local educational

agency, including adult education and family literacy programs.

(7) Programs to provide for the educational needs of gifted

and talented children.

(8) The planning, design, and initial implementation of

charter schools as described in part B.

(9) School improvement programs or activities under sections

1116 and 1117.

(10) Community service programs that use qualified school

personnel to train and mobilize young people to measurably

strengthen their communities through nonviolence, responsibility,

compassion, respect, and moral courage.

(11) Activities to promote consumer, economic, and personal

finance education, such as disseminating information on

and encouraging use of the best practices for teaching the

basic principles of economics and promoting the concept of

achieving financial literacy through the teaching of personal

financial management skills (including the basic principles

involved with earning, spending, saving, and investing).

(12) Activities to promote, implement, or expand public

school choice.

(13) Programs to hire and support school nurses.

(14) Expansion and improvement of school-based mental

health services, including early identification of drug use and

violence, assessment, and direct individual or group counseling

services provided to students, parents, and school personnel

by qualified school-based mental health services personnel.

(15) Alternative educational programs for those students

who have been expelled or suspended from their regular educational

setting, including programs to assist students to

reenter the regular educational setting upon return from treatment

or alternative educational programs.

(16) Programs to establish or enhance prekindergarten

programs for children.

(17) Academic intervention programs that are operated

jointly with community-based organizations and that support

academic enrichment, and counseling programs conducted

during the school day (including during extended school day

or extended school year programs), for students most at risk

of not meeting challenging State academic achievement standards

or not completing secondary school.

(18) Programs for cardiopulmonary resuscitation (CPR)

training in schools.

(19) Programs to establish smaller learning communities.

(20) Activities that encourage and expand improvements

throughout the area served by the local educational agency

that are designed to advance student academic achievement.

(21) Initiatives to generate, maintain, and strengthen

parental and community involvement.

(22) Programs and activities that expand learning

opportunities through best-practice models designed to improve

classroom learning and teaching.

(23) Programs to provide same-gender schools and classrooms

(consistent with applicable law).

(24) Service learning activities.

(25) School safety programs, including programs to implement

the policy described in section 9507 and which may

include payment of reasonable transportation costs and tuition

costs for such students.

(26) Programs that employ research-based cognitive and

perceptual development approaches and rely on a diagnosticprescriptive

model to improve students’ learning of academic

content at the preschool, elementary, and secondary levels.

(27) Supplemental educational services, as defined in section

1116(e).

(b) REQUIREMENTS.—The innovative assistance programs

described in subsection (a) shall be—

(1) tied to promoting challenging academic achievement

standards;

(2) used to improve student academic achievement; and

(3) part of an overall education reform strategy.

(c) GUIDELINES.—Not later than 120 days after the date of

enactment of the No Child Left Behind Act of 2001, the Secretary

shall issue guidelines for local educational agencies seeking funding

for programs described in subsection (a)(23).

SEC. 5132. ADMINISTRATIVE AUTHORITY.

In order to conduct the programs authorized by this part,

each State educational agency or local educational agency may

use funds made available under this part to make grants to, and

to enter into contracts with, local educational agencies, institutions

of higher education, libraries, museums, and other public and private

nonprofit agencies, organizations, and institutions.

SEC. 5133. LOCAL APPLICATIONS.

(a) SUBMISSION OF APPLICATION.—A local educational agency

may receive an allocation of funds under this part for any year

for which the agency submits an application under this section

that the State educational agency certifies under subsection (b).

(b) CERTIFICATION AND CONTENTS OF APPLICATION.—The State

educational agency shall certify each application submitted under

subsection (a) that includes each of the following:

(1) A description of locally identified needs relative to

the purposes of this part and to the innovative assistance

programs described in section 5131.

(2) A statement that sets forth the planned allocation

of funds, based on the needs identified in subparagraph (A),

among innovative assistance programs described in section

5131, a description of the programs that the local educational

agency intends to support, and a description of the reasons

for the selection of such programs.

(3) Information setting forth the allocation of such funds

required to implement section 5142.

(4) A description of how assistance under this part will

contribute to improving student academic achievement or

improving the quality of education for students.

(5) An assurance that the local educational agency will

comply with this part, including the provisions of section 5142

concerning the participation of children enrolled in private nonprofit

schools.

(6) An assurance that the local educational agency will

keep such records, and provide such information to the State

educational agency, as may be reasonably required for fiscal

audit and program evaluation (consistent with the responsibilities

of the State educational agency under this part).

(7) Provision, in the allocation of funds for the assistance

authorized by this part and in the planning, design, and

implementation of such innovative assistance programs, for

systematic consultation with parents of children attending

elementary schools and secondary schools in the area served

by the local educational agency, with teachers and administrative

personnel in such schools, and with such other groups

involved in the implementation of this part (such as librarians,

school counselors, and other pupil services personnel) as may

be considered appropriate by the local educational agency.

(8) An assurance that—

(A) programs carried out under this part will be evaluated

annually;

(B) the evaluation will be used to make decisions

about appropriate changes in programs for the subsequent

year;

(C) the evaluation will describe how assistance under

this part affected student academic achievement and will

include, at a minimum, information and data on the use

of funds, the types of services furnished, and the students

served under this part; and

(D) the evaluation will be submitted to the State

educational agency at the time and in the manner

requested by the State educational agency.

(9) If the local educational agency seeks funds under section

5131(a)(23), a description of how the agency will comply

with the guidelines issued by the Secretary regarding samegender

schools and classrooms under section 5131(c).

(c) PERIOD OF APPLICATION.—An application submitted by a

local educational agency under subsection (a) may seek allocations

under this part for a period not to exceed 3 fiscal years. The

agency may amend the application annually, as may be necessary

to reflect changes, without the filing of a new application.

(d) LOCAL EDUCATIONAL AGENCY DISCRETION.—

(1) IN GENERAL.—Subject to the limitations and requirements

of this part, a local educational agency shall have complete

discretion in determining how funds made available to

carry out this subpart will be divided among programs described

in section 5131.

(2) LIMITATION.—In exercising the discretion described in

paragraph (1), a local educational agency shall ensure that

expenditures under this subpart carry out the purposes of this

part and are used to meet the educational needs within the

schools served by the local educational agency.

Subpart 4—General Provisions

SEC. 5141. MAINTENANCE OF EFFORT.

(a) IN GENERAL.—Except as provided in subsection (b), a State

educational agency is entitled to receive its full allotment of funds

under this part for any fiscal year only if the Secretary determines

that either the combined fiscal effort per student or the aggregate

expenditures within the State, with respect to the provision of

free public education for the fiscal year preceding the fiscal year

for which the determination is made, was not less than 90 percent

of such combined fiscal effort or aggregate expenditures for the

second fiscal year preceding the fiscal year for which the determination

is made.

(b) REDUCTION OF FUNDS.—The Secretary shall reduce the

amount of the allotment of funds under this part in any fiscal

year in the exact proportion by which the State educational agency

fails to meet the requirements of subsection (a) by falling below

90 percent of the fiscal effort per student or aggregate expenditures

(using the measure most favorable to the State educational agency),

and no such lesser amount shall be used for computing the effort

or expenditures required under paragraph (1) for subsequent years.

(c) WAIVER.—The Secretary may waive, for 1 fiscal year only,

the requirements of this section, if the Secretary determines that

such a waiver would be equitable due to exceptional or uncontrollable

circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of the State educational

agency.

SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

(a) PARTICIPATION ON EQUITABLE BASIS.—

(1) IN GENERAL.—To the extent consistent with the number

of children in the school district of a local educational agency

that is eligible to receive funds under this part, or that serves

the area in which a program assisted under this part is located,

who are enrolled in private nonprofit elementary schools and

secondary schools, or, with respect to instructional or personnel

training programs funded by the State educational agency from

funds made available for State educational agency use, the

local educational agency, after consultation with appropriate

private school officials—

(A) shall provide, as may be necessary, for the benefit

of such children in such schools—

(i) secular, neutral, and nonideological services,

materials, and equipment, including the participation

of the teachers of such children (and other educational

personnel serving such children) in training programs;

and

(ii) the repair, minor remodeling, or construction

of public facilities (consistent with subsection (c)); or

(B) if such services, materials, and equipment are

not feasible or necessary in one or more such private

schools, as determined by the local educational agency after

consultation with the appropriate private school officials,

shall provide such other arrangements as will assure equitable

participation of such children in the purposes and

benefits of this part.

(2) OTHER PROVISIONS FOR SERVICES.—If no program is

carried out under paragraph (1) in the school district of a

local educational agency, the State educational agency shall

make arrangements, such as through contracts with nonprofit

agencies or organizations, under which children in private

schools in the district are provided with services and materials

to the same extent as would have occurred if the local educational

agency had received funds under this part.

(3) APPLICATION OF REQUIREMENTS.—The requirements of

this section relating to the participation of children, teachers,

and other personnel serving such children shall apply to programs

carried out under this part by a State educational agency

or local educational agency, whether directly or through grants

to, or contracts with, other public or private agencies, institutions,

or organizations.

(b) EQUAL EXPENDITURES.—

(1) IN GENERAL.—Expenditures for programs under subsection

(a) shall be equal (consistent with the number of children

to be served) to expenditures for programs under this

part for children enrolled in the public schools of the local

educational agency.

(2) CONCENTRATED PROGRAMS.—Taking into account the

needs of the individual children and other factors that relate

to the expenditures referred to in paragraph (1), and when

funds available to a local educational agency under this part

are used to concentrate programs on a particular group, attendance

area, or grade or age level, children enrolled in private

schools who are included within the group, attendance area,

or grade or age level selected for such concentration shall,

after consultation with the appropriate private school officials,

be assured equitable participation in the purposes and benefits

of such programs.

(c) ADMINISTRATIVE REQUIREMENTS.—

(1) FUNDS AND PROPERTY.—The control of funds provided

under this part, and title to materials, equipment, and property

repaired, remodeled, or constructed with such funds, shall be

in a public agency for the uses and purposes provided in this

part, and a public agency shall administer such funds and

property.

(2) PROVISION OF SERVICES.—Services provided under this

part shall be provided by employees of a public agency or

through contract by such a public agency with a person, association,

agency, or corporation that, in the provision of such services,

is independent of the private school and of any religious

organizations, and such employment or contract shall be under

the control and supervision of such a public agency. The funds

provided under this part shall not be commingled with State

or local funds.

(d) WAIVER.—

(1) STATE PROHIBITION.—If a State educational agency

or local educational agency is prohibited, by reason of any

provision of law, from providing for the participation in programs

of children enrolled in private elementary schools and

secondary schools as required by subsections (a) through (c),

the Secretary shall waive such requirements for the agency

involved and shall arrange for the provision of services to

such children through arrangements that shall be subject to

the requirements of this section.

(2) FAILURE TO COMPLY.—If the Secretary determines that

a State educational agency or a local educational agency has

substantially failed, or is unwilling, to provide for the participation

on an equitable basis of children enrolled in private

elementary schools and secondary schools as required by subsections

(a) through (c), the Secretary may waive such requirements

and shall arrange for the provision of services to such

children through arrangements that shall be subject to the

requirements of this section.

(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.—Pending

final resolution of any investigation or complaint that could result

in a waiver under subsection (d)(1) or (d)(2), the Secretary may

withhold from the allotment or allocation of the affected State

educational agency or local educational agency the amount estimated

by the Secretary to be necessary to pay the cost of services

to be provided by the Secretary under such subsection.

(f) DURATION OF DETERMINATION.—Any determination by the

Secretary under this section shall continue in effect until the Secretary

determines that there will no longer be any failure or

inability on the part of the State educational agency or local educational

agency to meet the requirements of subsections (a) through

(c).

(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services under subsection (d), the Secretary shall,

after consultation with the appropriate public school and private

school officials, pay the cost of such services, including the administrative

costs of arranging for those services, from the appropriate

allotment of the State educational agency under this part.

(h) REVIEW OF DETERMINATION.—

(1) WRITTEN OBJECTIONS.—The Secretary shall not take

any final action under this section until the State educational

agency and the local educational agency affected by such action

have had an opportunity, for not less than 45 days after

receiving written notice thereof, to submit written objections

and to appear before the Secretary or the Secretary’s designee

to show cause why that action should not be taken.

(2) COURT ACTION.—If a State educational agency or local

educational agency is dissatisfied with the Secretary’s final

action after a proceeding under paragraph (1), such agency

may, not later than 60 days after notice of such action, file

with the United States court of appeals for the circuit in which

such State is located a petition for review of that action. A

copy of the petition shall be transmitted by the clerk of the

court to the Secretary. The Secretary thereupon shall file in

the court the record of the proceedings on which the Secretary

based the action, as provided in section 2112 of title 28, United

States Code.

(3) REMAND TO SECRETARY.—The findings of fact by the

Secretary with respect to a proceeding under paragraph (1),

if supported by substantial evidence, shall be conclusive. The

court, for good cause shown, may remand the case to the

Secretary to take further evidence and the Secretary may make

new or modified findings of fact and may modify the Secretary’s

previous action, and shall file in the court the record of the

further proceedings. Such new or modified findings of fact shall

likewise be conclusive, if supported by substantial evidence.

(4) COURT REVIEW.—Upon the filing of a petition under

paragraph (2), the court shall have jurisdiction to affirm the

action of the Secretary or to set such action aside, in whole

or in part. The judgment of the court shall be subject to review

by the Supreme Court upon certiorari or certification, as provided

in section 1254 of title 28, United States Code.

(i) PRIOR DETERMINATION.—Any bypass determination by the

Secretary under title VI (as such title was in effect on the day

preceding the date of enactment of the No Child Left Behind Act

of 2001) shall, to the extent consistent with the purposes of this

part, apply to programs under this part.

SEC. 5143. FEDERAL ADMINISTRATION.

(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,

shall provide technical assistance to State educational agencies

and local educational agencies under this part.

(b) RULEMAKING.—The Secretary shall issue regulations under

this part only to the extent that such regulations are necessary

to ensure that there is compliance with the specific requirements

and assurances required by this part.

(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any

other provision of law, unless expressly in limitation of this subsection,

funds appropriated in any fiscal year to carry out programs

under this part shall become available for obligation on July 1

of such fiscal year and shall remain available for obligation until

the end of the subsequent fiscal year.

SEC. 5144. SUPPLEMENT, NOT SUPPLANT.

Funds made available under this part shall be used to supplement,

and not supplant, any other Federal, State, or local education

funds.

SEC. 5145. DEFINITIONS.

In this part:

(1) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational

agency’ means a local educational agency or a consortium

of such agencies.

(2) PUBLIC SCHOOL.—The term ‘public school’ means a

public elementary school or a public secondary school.

(3) SCHOOL-AGE POPULATION.—The term ‘school-age population’

means the population aged 5 through 17.

(4) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this

part—

(1) $450,000,000 for fiscal year 2002;

(2) $475,000,000 for fiscal year 2003;

(3) $500,000,000 for fiscal year 2004;

(4) $525,000,000 for fiscal year 2005;

(5) $550,000,000 for fiscal year 2006; and

(6) $600,000,000 for fiscal year 2007

 


 

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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 11:16:12 AM.