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.
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
(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
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
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;
(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;
(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
(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
(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
(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
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
(1) State administration of programs under this part,
(A) allocating funds to local educational agencies;
(B) planning, supervising, and processing State educational
agency funds; and
(C) monitoring and evaluating programs under this
(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
(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
(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
(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
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
(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
(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
(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
(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
(b) REQUIREMENTS.—The innovative assistance programs
described in subsection (a) shall be—
(1) tied to promoting challenging academic achievement
(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
(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
(B) the evaluation will be used to make decisions
about appropriate changes in programs for the subsequent
(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
(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
SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
(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;
(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,
(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
(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
(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.
(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
(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
(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
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
SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
(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
For additional information, contact:
Division of NCLB Program Coordination
1701 North Congress Avenue
Austin, TX 78701
Page last modified on 10/3/2012.