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

     


     

    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 11:16:12 AM.