CHAPTER 70-STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
SUBCHAPTER I-IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
6301.
Statement of purpose.
6302.
Authorization of appropriations.
6303.
School improvement.
6303a.
Whole-school reform strategy.
6303b.
Direct student services.
6304.
State administration.
Part A-Improving Basic Programs Operated by Local Educational Agencies
subpart 1-basic program requirements
6312.
Local educational agency plans.
6313.
Eligible school attendance areas.
6314.
Schoolwide programs.
6315.
Targeted assistance schools.
6318.
Parent and family engagement.
6320.
Participation of children enrolled in private schools.
6321.
Fiscal requirements.
6322.
Coordination requirements.
subpart 2-allocations
6331.
Grants for the outlying areas and the Secretary of the Interior.
6332.
Allocations to States.
6333.
Basic grants to local educational agencies.
6334.
Concentration grants to local educational agencies.
6335.
Targeted grants to local educational agencies.
6336.
Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001.
6337.
Education finance incentive grant program.
6338.
Special allocation procedures.
6339.
Carryover and waiver.
Part B-State Assessment Grants
6361.
Grants for State assessments and related activities.
6362.
State option to conduct assessment system audit.
6363.
Allotment of appropriated funds.
6364.
Innovative assessment and accountability demonstration authority.
Part C-Education of Migratory Children
6392.
Program authorized.
6394.
State applications; services.
6395.
Secretarial approval; peer review.
6396.
Comprehensive needs assessment and service-delivery plan; authorized activities.
6398.
Coordination of migrant education activities.
Part D-Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk
6421.
Purpose and program authorization.
6422.
Payments for programs under this part.
subpart 1-state agency programs
6432.
Allocation of funds.
6433.
State reallocation of funds.
6434.
State plan and State agency applications.
6436.
Institution-wide projects.
6437.
Three-year programs or projects.
6438.
Transition services.
6439.
Technical assistance.
subpart 2-local agency programs
6452.
Programs operated by local educational agencies.
6453.
Local educational agency applications.
6455.
Program requirements for correctional facilities receiving funds under this section.
subpart 3-general provisions
6471.
Program evaluations.
Part E-Flexibility for Equitable Per-Pupil Funding
6491.
Flexibility for equitable per-pupil funding.
Part F-General Provisions
6571.
Federal regulations.
6572.
Agreements and records.
6573.
State administration.
6575.
Prohibition against Federal mandates, direction, or control.
6576.
Rule of construction on equalized spending.
SUBCHAPTER II-PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS
6603.
Authorization of appropriations.
Part A-Supporting Effective Instruction
6611.
Formula grants to States.
6612.
Subgrants to local educational agencies.
6613.
Local uses of funds.
Part B-National Activities
subpart 1-teacher and school leader incentive program
6631.
Purposes; definitions.
6632.
Teacher and school leader incentive fund grants.
subpart 2-literacy education for all, results for the nation
6641.
Purposes; definitions.
6642.
Comprehensive literacy State development grants.
6643.
Subgrants to eligible entities in support of birth through kindergarten entry literacy.
6644.
Subgrants to eligible entities in support of kindergarten through grade 12 literacy.
6645.
National evaluation and information dissemination.
6646.
Innovative approaches to literacy.
subpart 3-american history and civics education
6661.
Program authorized.
6662.
Presidential and Congressional Academies for American History and Civics.
6663.
National activities.
subpart 4-programs of national significance
6672.
Supporting effective educator development.
6673.
School leader recruitment and support.
6674.
Technical assistance and national evaluation.
subpart 5-recognizing achievement in classified school employees
6683.
Recognition program established.
STEM master teacher corps.
Part C-General Provisions
6691.
Supplement, not supplant.
6692.
Rules of construction.
SUBCHAPTER III-LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS
6801.
Authorization of appropriations.
Part A-English Language Acquisition, Language Enhancement, and Academic Achievement Act
subpart 1-grants and subgrants for english language acquisition and language enhancement
6821.
Formula grants to States.
6822.
Native American and Alaska Native children in school.
6823.
State and specially qualified agency plans.
6824.
Within-State allocations.
6825.
Subgrants to eligible entities.
subpart 2-accountability and administration
6844.
Coordination with related programs.
6845.
Rules of construction.
6846.
Legal authority under State law.
6848.
Programs for Native Americans and Puerto Rico.
subpart 3-national activities
6861.
National professional development project.
subpart 4-definitions
Part B-General Provisions
7013.
National clearinghouse.
SUBCHAPTER IV-21ST CENTURY SCHOOLS
Part A-Student Support and Academic Enrichment Grants
7101.
General provisions.
subpart 1-student support and academic enrichment grants
7113.
Formula grants to States.
7114.
State use of funds.
7115.
Allocations to local educational agencies.
7116.
Local educational agency applications.
7117.
Activities to support well-rounded educational opportunities.
7118.
Activities to support safe and healthy students.
7119.
Activities to support the effective use of technology.
7120.
Supplement, not supplant.
7121.
Rule of construction.
7122.
Authorization of appropriations.
subpart 2-internet safety
subpart 3-gun possession
subpart 4-general provisions
Part B-21st Century Community Learning Centers
7171.
Purpose; definitions.
7172.
Allotments to States.
7174.
Local competitive subgrant program.
7176.
Authorization of appropriations.
Part C-Expanding Opportunity Through Quality Charter Schools
7221a.
Program authorized.
7221b.
Grants to support high-quality charter schools.
7221c.
Facilities financing assistance.
7221d.
National activities.
7221e.
Federal formula allocation during first year and for successive enrollment expansions.
7221f.
Solicitation of input from charter school operators.
7221h.
Paperwork reduction.
7221j.
Authorization of appropriations.
Part D-Magnet Schools Assistance
7231.
Findings and purpose.
7231b.
Program authorized.
7231d.
Applications and requirements.
7231j.
Authorization of appropriations; reservation.
Part E-Family Engagement in Education Programs
7245.
Family engagement in Indian schools.
7246.
Authorization of appropriations.
Part F-National Activities
7251.
Authorization of appropriations; reservations.
subpart 1-education innovation and research
7261.
Grants for education innovation and research.
subpart 2-community support for school success
7273.
Program authorized.
7274.
Promise neighborhoods.
7275.
Full-service community schools.
subpart 3-national activities for school safety
7281.
National activities for school safety.
subpart 4-academic enrichment
7291.
Awards for academic enrichment.
7292.
Assistance for arts education.
7293.
Ready to learn programming.
7294.
Supporting high-ability learners and learning.
SUBCHAPTER V-FLEXIBILITY AND ACCOUNTABILITY
Part A-Funding Transferability for State and Local Educational Agencies
7305b.
Transferability of funds.
Part B-Rural Education Initiative
subpart 1-small, rural school achievement program
7345.
Use of applicable funding.
7345a.
Grant program authorized.
subpart 2-rural and low-income school program
7351.
Program authorized.
7351d.
Choice of participation.
subpart 3-general provisions
7355.
Annual average daily attendance determination.
7355a.
Supplement, not supplant.
7355b.
Rule of construction.
7355c.
Authorization of appropriations.
Part C-General Provisions
7371.
Prohibition against Federal mandates, direction, or control.
7372.
Rule of construction on equalized spending.
SUBCHAPTER VI-INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Part A-Indian Education
7401.
Statement of policy.
subpart 1-formula grants to local educational agencies
7422.
Grants to local educational agencies and tribes.
7425.
Authorized services and activities.
7426.
Integration of services authorized.
7427.
Student eligibility forms.
7429.
State educational agency review.
subpart 2-special programs and projects to improve educational opportunities for indian children
7441.
Improvement of educational opportunities for Indian children and youth.
7442.
Professional development for teachers and education professionals.
subpart 3-national activities
7451.
National research activities.
7452.
Grants to tribes for education administrative planning, development, and coordination.
7453.
Native American and Alaska Native language immersion schools and programs.
7454 to 7456. Repealed or Transferred.
7457.
Native American language resource centers.
subpart 4-federal administration
7471.
National Advisory Council on Indian Education.
7473.
Preference for Indian applicants.
7474.
Minimum grant criteria.
subpart 5-definitions; authorizations of appropriations
7492.
Authorizations of appropriations.
Part B-Native Hawaiian Education
7514.
Native Hawaiian Education Council.
7515.
Program authorized.
7516.
Administrative provisions.
Part C-Alaska Native Education
7544.
Program authorized.
7545.
Administrative provisions.
SUBCHAPTER VII-IMPACT AID
7702.
Payments relating to Federal acquisition of real property.
7703.
Payments for eligible federally connected children.
7703a.
Impact aid for children with severe disabilities.
7703b.
Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
7703c.
Plan and authority to assist local educational agencies experiencing growth in enrollment due to force structure changes, relocation of military units, or base closures and realignments.
7703d.
Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations.
7704.
Policies and procedures relating to children residing on Indian lands.
7705.
Application for payments under sections 7702 and 7703 of this title.
7709.
State consideration of payments in providing State aid.
7710.
Federal administration.
7711.
Administrative hearings and judicial review.
7712.
Forgiveness of overpayments.
7713a.
School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments.
7714.
Authorization of appropriations.
SUBCHAPTER VIII-GENERAL PROVISIONS
Part A-Definitions
7802.
Applicability of subchapter.
7803.
Applicability to Bureau of Indian Education operated schools.
Part B-Flexibility in the Use of Administrative and Other Funds
7821.
Consolidation of State administrative funds for elementary and secondary education programs.
7822.
Single local educational agency States.
7823.
Consolidation of funds for local administration.
7824.
Consolidated set-aside for Department of the Interior funds.
Part C-Coordination of Programs; Consolidated State and Local Plans and Applications
7842.
Optional consolidated State plans or applications.
7843.
Consolidated reporting.
7844.
General applicability of State educational agency assurances.
7845.
Consolidated local plans or applications.
7846.
Other general assurances.
Part D-Waivers
7861.
Waivers of statutory and regulatory requirements.
Part E-Approval and Disapproval of State Plans and Local Applications
7871.
Approval and disapproval of State plans.
7872.
Approval and disapproval of local educational agency applications.
Part F-Uniform Provisions
subpart 1-private schools
7881.
Participation by private school children and teachers.
7882.
Standards for by-pass.
7883.
Complaint process for participation of private school children.
7884.
By-pass determination process.
7885.
Prohibition against funds for religious worship or instruction.
7886.
Private, religious, and home schools.
subpart 2-other provisions
7901.
Maintenance of effort.
7902.
Prohibition regarding State aid.
7903.
Privacy of assessment results.
7905.
Equal access to public school facilities.
7906.
Prohibited uses of funds.
7906a.
Prohibition against Federal mandates, direction, or control.
7907.
Prohibitions on Federal Government and use of Federal funds.
7908.
Armed Forces recruiter access to students and student recruiting information.
7909.
Prohibition on federally sponsored testing.
7910.
Limitations on national testing or certification for teachers, principals, or other school leaders.
7910a.
Prohibition on requiring State participation.
7911.
Prohibition on nationwide database.
7912.
Unsafe school choice option.
7913.
Prohibition on discrimination.
7917.
Transfer of school disciplinary records.
7918.
Consultation with Indian tribes and tribal organizations.
7919.
Outreach and technical assistance for rural local educational agencies.
7920.
Consultation with the Governor.
7922.
Rule of construction regarding travel to and from school.
7923.
Limitations on school-based health centers.
7924.
State control over standards.
7925.
Sense of Congress on protecting student privacy.
7926.
Prohibition on aiding and abetting sexual abuse.
7927.
Sense of Congress on restoration of State sovereignty over public education.
7929.
Analysis and periodic review of departmental guidance.
7931.
Sense of Congress on early learning and child care.
7932.
Technical assistance.
7933.
Preventing improper use of taxpayer funds.
7934.
Accountability to taxpayers through monitoring and oversight.
subpart 3-teacher liability protection
7945.
Preemption and election of State nonapplicability.
7946.
Limitation on liability for teachers.
7947.
Allocation of responsibility for noneconomic loss.
subpart 4-gun possession
7961.
Gun-free requirements.
subpart 5-environmental tobacco smoke
7973.
Nonsmoking policy for children's services.
Part G-Evaluations
SUBCHAPTER X-PROGRAMS OF NATIONAL SIGNIFICANCE
Part A-Fund for the Improvement of Education
Part B-Gifted and Talented Children
Part C-Public Charter Schools
subpart 1-basic charter school grant program
subpart 2-credit enhancement initiatives to assist charter school facility acquisition, construction, and renovation
Part D-Arts in Education
subpart 1-arts education
subpart 2-cultural partnerships for at-risk children and youth
Part E-Inexpensive Book Distribution Program
Part F-Civic Education
Part G-Allen J. Ellender Fellowship Program
subpart 1-program for middle and secondary school students
subpart 2-program for middle and secondary school teachers
subpart 3-programs for recent immigrants, students of migrant parents and older americans
subpart 4-general provisions
Part H-De Lugo Territorial Education Improvement Program
Part I-21st Century Community Learning Centers
Part J-Urban and Rural Education Assistance
subpart 1-urban education demonstration grants
subpart 2-rural education initiative
subpart 3-white house conferences
Part K-National Writing Project
Part L-Physical Education for Progress
Part M-Territorial Assistance
SUBCHAPTER XI-COORDINATED SERVICES
SUBCHAPTER XII-SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT
SUBCHAPTER XIII-SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION
Part A-Comprehensive Regional Assistance Centers
8621 to 8625. Transferred.
Part B-National Diffusion Network
Part C-Eisenhower Regional Mathematics and Science Education Consortia
8671 to 8678. Transferred.
Part D-Technology-Based Technical Assistance
SUBCHAPTER XIV-GENERAL PROVISIONS
Part A-Definitions
Part B-Flexibility in the Use of Administrative and Other Funds
Part C-Coordination of Programs; Consolidated State and Local Plans and Applications
Part D-Waivers
Part E-Uniform Provisions
Part F-Gun Possession
Part G-Evaluations
Part H-Sense of Congress
Editorial Notes
Codification
The Elementary and Secondary Education Act of 1965, comprising this chapter, was originally enacted as
Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27
, and amended by
Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1191
;
Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 783
;
Pub. L. 90–576, title III, §307, Oct. 16, 1968, 82 Stat. 1097
;
Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121
;
Pub. L. 92–318, June 23, 1972, 86 Stat. 235
;
Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484
;
Pub. L. 94–193, §1(c), Dec. 31, 1975, 89 Stat. 1102
;
Pub. L. 94–273, §§2(12), 3(8), 49(a)–(c), Apr. 21, 1976, 90 Stat. 375
, 376, 382;
Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081
;
Pub. L. 95–112, Aug. 24, 1977, 91 Stat. 911
, and was classified to sections 241a et seq., 242 et seq., 331 et seq., 821 et seq., and 1801 et seq. of this title. The Act was subsequently extensively revised and restated by
Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143
, and amended by
Pub. L. 96–46, Aug. 6, 1979, 93 Stat. 338
;
Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668
;
Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367
;
Pub. L. 96–470, Oct. 19, 1980, 94 Stat. 2237
;
Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357
;
Pub. L. 98–211, Dec. 8, 1983, 97 Stat. 1412
;
Pub. L. 98–511, Oct. 19, 1984, 98 Stat. 2366
;
Pub. L. 98–524, Oct. 19, 1984, 98 Stat. 2435
;
Pub. L. 99–159, Nov. 22, 1985, 99 Stat. 887
, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by
Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130
, and amended by
Pub. L. 100–569, Oct. 31, 1988, 102 Stat. 2862
;
Pub. L. 100–570, Oct. 31, 1988, 102 Stat. 2865
;
Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4181
;
Pub. L. 101–226, Dec. 12, 1989, 103 Stat. 1928
;
Pub. L. 101–250, Mar. 6, 1990, 104 Stat. 96
;
Pub. L. 101–476, Oct. 30, 1990, 104 Stat. 1103
;
Pub. L. 101–589, Nov. 16, 1990, 104 Stat. 2881
;
Pub. L. 101–600, Nov. 16, 1990, 104 Stat. 3042
;
Pub. L. 101–647, Nov. 29, 1990, 104 Stat. 4789
;
Pub. L. 102–62, June 27, 1991, 105 Stat. 305
;
Pub. L. 102–73, July 25, 1991, 105 Stat. 333
;
Pub. L. 102–103, Aug. 17, 1991, 105 Stat. 497
;
Pub. L. 102–325, July 23, 1992, 106 Stat. 448
;
Pub. L. 102–359, Aug. 26, 1992, 106 Stat. 962
;
Pub. L. 102–545, Oct. 27, 1992, 106 Stat. 3586
;
Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125
;
Pub. L. 103–252, May 18, 1994, 108 Stat. 623
, and was classified to section 2701 et seq. of this title. The Act was subsequently extensively revised and restated by
Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518
, and amended by
Pub. L. 104–5, Mar. 23, 1995, 109 Stat. 72
;
Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186
;
Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321
;
Pub. L. 104–140, May 2, 1996, 110 Stat. 1327
;
Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105
;
Pub. L. 104–195, Sept. 16, 1996, 110 Stat. 2379
;
Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2422
;
Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009
;
Pub. L. 105–18, June 12, 1997, 111 Stat. 158
;
Pub. L. 105–78, Nov. 13, 1997, 111 Stat. 1467
;
Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936
;
Pub. L. 105–244, Oct. 7, 1998, 112 Stat. 1581
;
Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681
;
Pub. L. 105–278, Oct. 22, 1998, 112 Stat. 2682
;
Pub. L. 105–332, Oct. 31, 1998, 112 Stat. 3076
;
Pub. L. 106–78, Oct. 22, 1999, 113 Stat. 1135
;
Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501
;
Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654
;
Pub. L. 106–400, Oct. 30, 2000, 114 Stat. 1675
;
Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763
;
Pub. L. 107–20, July 24, 2001, 115 Stat. 155
, and is classified to section 6301 et seq. of this title. Certain titles and parts of titles of the Act are shown, herein, however, as having been added by Pub. L. 107–110 without reference to such intervening amendments because of the extensive amendments, renumbering, and reorganization of these provisions by Pub. L. 107–110.