20 U.S.C. § 6613 — Local uses of funds

Page 1425 TITLE 20—EDUCATION § 6613 submit an application to the State edu- cational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall include the following: (A) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with challenging State aca- demic standards. (B) A description of the local educational agency’s systems of professional growth and improvement, such as induction for teach- ers, principals, or other school leaders and opportunities for building the capacity of teachers and opportunities to develop mean- ingful teacher leadership. (C) A description of how the local edu- cational agency will prioritize funds to schools served by the agency that are imple- menting comprehensive support and im- provement activities and targeted support and improvement activities under section 6311(d) of this title and have the highest per- centage of children counted under section 6333(c) of this title. (D) A description of how the local edu- cational agency will use data and ongoing consultation described in paragraph (3) to continually update and improve activities supported under this part. (E) An assurance that the local edu- cational agency will comply with section 7881 of this title (regarding participation by private school children and teachers). (F) An assurance that the local edu- cational agency will coordinate professional development activities authorized under this part with professional development activi- ties provided through other Federal, State, and local programs. (3) Consultation In developing the application described in paragraph (2), a local educational agency shall— (A) meaningfully consult with teachers, principals, other school leaders, paraprofes- sionals (including organizations rep- resenting such individuals), specialized in- structional support personnel, charter school leaders (in a local educational agency that has charter schools), parents, commu- nity partners, and other organizations or partners with relevant and demonstrated ex- pertise in programs and activities designed to meet the purpose of this subchapter; (B) seek advice from the individuals and organizations described in subparagraph (A) regarding how best to improve the local edu- cational agency’s activities to meet the pur- pose of this subchapter; and (C) coordinate the local educational agen- cy’s activities under this part with other re- lated strategies, programs, and activities being conducted in the community. (4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section. (Pub. L. 89–10, title II, § 2102, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1925.) Editorial Notes PRIOR PROVISIONS A prior section 6612, Pub. L. 89–10, title II, § 2112, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1623, related to State applications, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with re- spect to certain noncompetitive programs and competi- tive programs. A prior section 2102 of Pub. L. 89–10 was classified to section 6602 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2102 of Pub. L. 89–10 was classi- fied to section 6622 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2102 of Pub. L. 89–10 was classi- fied to section 3002 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6613. Local uses of funds (a) In general A local educational agency that receives a subgrant under section 6612 of this title shall use the funds made available through the subgrant to develop, implement, and evaluate comprehen- sive programs and activities described in sub- section (b), which may be carried out— (1) through a grant or contract with a for- profit or nonprofit entity; or (2) in partnership with an institution of higher education or an Indian tribe or tribal organization (as such terms are defined under section 5304 of title 25). (b) Types of activities The programs and activities described in this subsection— (1) shall be in accordance with the purpose of this subchapter; (2) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented stu- dents; and (3) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, or other school leaders that— (i) is based in part on evidence of student achievement, which may include student growth; and (ii) shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders; (B) developing and implementing initia- tives to assist in recruiting, hiring, and re- taining effective teachers, particularly in low-income schools with high percentages of Page 1426 TITLE 20—EDUCATION § 6613 ineffective teachers and high percentages of students who do not meet the challenging State academic standards, to improve with- in-district equity in the distribution of teachers, consistent with section 6311(g)(1)(B) of this title, such as initiatives that provide— (i) expert help in screening candidates and enabling early hiring; (ii) differential and incentive pay for teachers, principals, or other school lead- ers in high-need academic subject areas and specialty areas, which may include performance-based pay systems; (iii) teacher, paraprofessional, principal, or other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths, and pay differentiation; (iv) new teacher, principal, or other school leader induction and mentoring programs that are designed to— (I) improve classroom instruction and student learning and achievement; and (II) increase the retention of effective teachers, principals, or other school leaders; (v) the development and provision of training for school leaders, coaches, men- tors, and evaluators on how accurately to differentiate performance, provide useful feedback, and use evaluation results to in- form decisionmaking about professional development, improvement strategies, and personnel decisions; and (vi) a system for auditing the quality of evaluation and support systems; (C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders, including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with records of academic distinction who demonstrate po- tential to become effective teachers, prin- cipals, or other school leaders; (D) reducing class size to a level that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, to improve student achievement through the recruiting and hir- ing of additional effective teachers; (E) providing high-quality, personalized professional development that is evidence- based, to the extent the State (in consulta- tion with local educational agencies in the State) determines that such evidence is rea- sonably available, for teachers, instructional leadership teams, principals, or other school leaders, that is focused on improving teach- ing and student learning and achievement, including supporting efforts to train teach- ers, principals, or other school leaders to— (i) effectively integrate technology into curricula and instruction (including edu- cation about the harms of copyright pi- racy); (ii) use data to improve student achieve- ment and understand how to ensure indi- vidual student privacy is protected, as re- quired under section 1232g of this title (commonly known as the ‘‘Family Edu- cational Rights and Privacy Act of 1974’’) and State and local policies and laws in the use of such data; (iii) effectively engage parents, families, and community partners, and coordinate services between school and community; (iv) help all students develop the skills essential for learning readiness and aca- demic success; (v) develop policy with school, local edu- cational agency, community, or State leaders; and (vi) participate in opportunities for expe- riential learning through observation; (F) developing programs and activities that increase the ability of teachers to effec- tively teach children with disabilities, in- cluding children with significant cognitive disabilities, and English learners, which may include the use of multi-tier systems of sup- port and positive behavioral intervention and supports, so that such children with dis- abilities and English learners can meet the challenging State academic standards; (G) providing programs and activities to increase— (i) the knowledge base of teachers, prin- cipals, or other school leaders on instruc- tion in the early grades and on strategies to measure whether young children are progressing; and (ii) the ability of principals or other school leaders to support teachers, teacher leaders, early childhood educators, and other professionals to meet the needs of students through age 8, which may include providing joint professional learning and planning activities for school staff and educators in preschool programs that ad- dress the transition to elementary school; (H) providing training, technical assist- ance, and capacity-building in local edu- cational agencies to assist teachers, prin- cipals, or other school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and using data from such assessments to im- prove instruction and student academic achievement, which may include providing additional time for teachers to review stu- dent data and respond, as appropriate; (I) carrying out in-service training for school personnel in— (i) the techniques and supports needed to help educators understand when and how to refer students affected by trauma, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appro- priate treatment and intervention services in the school and in the community, where appropriate; (iii) forming partnerships between school-based mental health programs and public or private mental health organiza- tions; and (iv) addressing issues related to school conditions for student learning, such as Page 1427 TITLE 20—EDUCATION § 6614 safety, peer interaction, drug and alcohol abuse, and chronic absenteeism; (J) providing training to support the iden- tification of students who are gifted and tal- ented, including high-ability students who have not been formally identified for gifted education services, and implementing in- structional practices that support the edu- cation of such students, such as— (i) early entrance to kindergarten; (ii) enrichment, acceleration, and cur- riculum compacting activities; and (iii) dual or concurrent enrollment pro- grams in secondary school and postsec- ondary education; (K) supporting the instructional services provided by effective school library pro- grams; (L) providing training for all school per- sonnel, including teachers, principals, other school leaders, specialized instructional sup- port personnel, and paraprofessionals, re- garding how to prevent and recognize child sexual abuse; (M) developing and providing professional development and other comprehensive sys- tems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathe- matics subjects, including computer science; (N) developing feedback mechanisms to improve school working conditions, includ- ing through periodically and publicly report- ing results of educator support and working conditions feedback; (O) providing high-quality professional de- velopment for teachers, principals, or other school leaders on effective strategies to inte- grate rigorous academic content, career and technical education, and work-based learn- ing (if appropriate), which may include pro- viding common planning time, to help pre- pare students for postsecondary education and the workforce; and (P) carrying out other activities that are evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, and identified by the local educational agency that meet the pur- pose of this subchapter. (Pub. L. 89–10, title II, § 2103, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1926.) Editorial Notes PRIOR PROVISIONS A prior section 6613, Pub. L. 89–10, title II, § 2113, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1625, related to State use of funds, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with re- spect to certain noncompetitive programs and competi- tive programs. A prior section 2103 of Pub. L. 89–10 was classified to section 6603 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2103 of Pub. L. 89–10 was classi- fied to section 6623 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2103 of Pub. L. 89–10 was classi- fied to section 3003 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6614. Reporting (a) State report Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides— (1) a description of how the State is using grant funds received under this part to meet the purpose of this subchapter, and how such chosen activities improved teacher, principal, or other school leader effectiveness, as deter- mined by the State or local educational agen- cy; (2) if funds are used under this part to im- prove equitable access to teachers for low-in- come and minority students, consistent with section 6311(g)(1)(B) of this title, a description of how funds have been used to improve such access; (3) for a State that implements a teacher, principal, or other school leader evaluation and support system, consistent with section 6611(c)(4)(B)(ii) of this title, using funds under this part, the evaluation results of teachers, principals, or other school leaders, except that such information shall not provide personally identifiable information on individual teach- ers, principals, or other school leaders; and (4) where available, the annual retention rates of effective and ineffective teachers, principals, or other school leaders, using any methods or criteria the State has or develops under section 6311(g)(2)(A) of this title, except that nothing in this paragraph shall be con- strued to require any State educational agen- cy or local educational agency to collect and report any data the State educational agency or local educational agency is not collecting or reporting as of the day before December 10, 2015. (b) Local educational agency report Each local educational agency receiving funds under this part shall submit to the State edu- cational agency such information as the State requires, which shall include the information de- scribed in subsection (a) for the local edu- cational agency. (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. (d) Limitation The reports and information provided under subsections (a) and (b) shall not reveal person- ally identifiable information about any indi- vidual. (Pub. L. 89–10, title II, § 2104, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1930.)