42 U.S.C. § 12563 — Innovative and community-based serv-

Page 8313 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12563 1 So in original. Clause (v) does not contain subclauses. under subsection (b) may nominate, for des- ignation under subsection (a), not more than 3 such institutions of higher education, con- sisting of— (i) not more than one 4-year public insti- tution of higher education; (ii) not more than one 4-year private in- stitution of higher education; and (iii) not more than one 2-year institution of higher education. (B) Submission The State Commission shall submit to the Corporation the name and application of each institution nominated by the State Commission under subparagraph (A). (2) Designation The Corporation shall designate, under sub- section (a), not more than 25 institutions of higher education from among the institutions nominated under paragraph (1). In making the designations, the Corporation shall, if feasible, designate various types of institutions, includ- ing institutions from each of the categories of institutions described in clauses (i), (ii), and (iii) of paragraph (1)(A). (d) Awards (1) In general Using sums reserved under section 12681(a)(1)(C) of this title for Campuses of Service, the Corporation shall provide an award of funds to institutions designated under subsection (c), to be used by the institu- tions to develop or disseminate service-learn- ing models and information on best practices regarding service-learning to other institu- tions of higher education. (2) Plan To be eligible to receive funds under this subsection, an institution designated under subsection (c) shall submit a plan to the Cor- poration describing how the institution in- tends to use the funds to develop or dissemi- nate service-learning models and information on best practices regarding service-learning to other institutions of higher education. (3) Allocation The Corporation shall determine how the funds reserved under section 12681(a)(1)(C) of this title for Campuses of Service for a fiscal year will be allocated among the institutions submitting acceptable plans under paragraph (2). In determining the amount of funds to be allocated to such an institution, the Corpora- tion shall consider the number of students at the institution, the quality and scope of the plan submitted by the institution under para- graph (2), and the institution’s current (as of the date of submission of the plan) strategies to encourage or assist students to pursue pub- lic service careers in the nonprofit sector or government. (Pub. L. 101–610, title I, § 118A, as added Pub. L. 111–13, title I, § 1203, Apr. 21, 2009, 123 Stat. 1477.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- sec. (b)(2)(B), (C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Part C of title IV of the Act was formerly classi- fied generally to part C (§ 2751 et seq.) of subchapter I of chapter 34 of this title prior to transfer to part C (§ 1087–51 et seq.) of subchapter IV of chapter 28 of Title 20, Education. Section 441 of the Act was transferred from section 2751 of this title to section 1087–51 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. PART III—INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND RESEARCH § 12563. Innovative and community-based serv- ice-learning programs and research (a) Definitions In this part: (1) Eligible entity The term ‘‘eligible entity’’ means a State educational agency, a State Commission, a territory, an Indian tribe, an institution of higher education, or a public or private non- profit organization (including community- based entities), a public or private elementary school or secondary school, a local educational agency, a consortium of such entities, or a consortium of 2 or more such entities and a for-profit organization. (2) Eligible partnership The term ‘‘eligible partnership’’ means a partnership that— (A) shall include— (i) 1 or more community-based entities that have demonstrated records of success in carrying out service-learning programs with economically disadvantaged students, and that meet such criteria as the Chief Executive Officer may establish; and (ii) a local educational agency for which— (I) a high number or percentage, as de- termined by the Corporation, of the stu- dents served by the agency are economi- cally disadvantaged students; and (II) the four-year adjusted cohort grad- uation rate (as defined in section 7801 of title 20) for the secondary school stu- dents served by the agency is less than 70 percent; and (B) may also include— (i) a local government agency that is not described in subparagraph (A); (ii) the office of the chief executive offi- cer of a unit of general local government; (iii) an institution of higher education; (iv) a State Commission or State edu- cational agency; or (v) more than 1 local educational agency described in subclause (I).1 (3) Youth engagement zone The term ‘‘youth engagement zone’’ means the area in which a youth engagement zone program is carried out. Page 8314 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12563 2 So in original. Comma probably should not appear. (4) Youth engagement zone program The term ‘‘youth engagement zone program’’ means a service-learning program in which members of an eligible partnership collaborate to provide coordinated school-based or com- munity-based service-learning opportunities— (A) in order to address a specific commu- nity challenge; (B) for an increasing percentage of out-of- school youth and secondary school students served by a local educational agency; and (C) in circumstances under which— (i) not less than 90 percent of such stu- dents participate in service-learning ac- tivities as part of the program; or (ii) service-learning is a part of the cur- riculum in all of the secondary schools served by the local educational agency. (b) General authority From the amounts appropriated to carry out this part for a fiscal year, the Corporation may make grants (which may include approved sum- mer of service positions in the case of a grant for a program described in subsection (c)(8)) and fixed-amount grants (in accordance with section 12581(l) of this title) to eligible entities or eligi- ble partnerships, as appropriate, for programs and activities described in subsection (c). (c) Authorized activities Funds under this part may be used to— (1) integrate service-learning programs into the science, technology, engineering, and mathematics (referred to in this part as ‘‘STEM’’) curricula at the elementary, sec- ondary, postsecondary, or postbaccalaureate levels in coordination with practicing or re- tired STEM professionals; (2) involve students in service-learning pro- grams focusing on energy conservation in their community, including conducting edu- cational outreach on energy conservation and working to improve energy efficiency in low- income housing and in public spaces; (3) involve students in service-learning pro- grams in emergency and disaster prepared- ness; (4) involve students in service-learning pro- grams aimed at improving access to and ob- taining the benefits from computers and other emerging technologies, including improving such access for individuals with disabilities, in low-income or rural communities, in senior centers and communities, in schools, in librar- ies, and in other public spaces; (5) involve high school age youth in the men- toring of middle school youth while involving all participants in service-learning to seek to meet unmet human, educational, environ- mental, public safety, or emergency and dis- aster preparedness needs in their community; (6) conduct research and evaluations on serv- ice-learning, including service-learning in middle schools, and disseminate such research and evaluations widely; (7) conduct innovative and creative activi- ties as described in section 12523(a) of this title; (8) establish or implement summer of service programs (giving priority to programs that en- roll youth who will be enrolled in any of grades 6 through 9 at the end of the summer concerned) during the summer months (includ- ing recruiting, training, and placing service- learning coordinators)— (A) for youth who will be enrolled in any of grades 6 through 12 at the end of the summer concerned; and (B) for community-based service-learning projects— (i) that shall— (I) meet unmet human, educational, environmental (including energy con- servation and stewardship), and emer- gency and disaster preparedness and other public safety needs; and (II) be intensive, structured, super- vised, and designed to produce identifi- able improvements to the community; (ii) that may include the extension of academic year service-learning programs into the summer months; and (iii) under which a student who com- pletes 100 hours of service as described in section 12602(b)(2) of this title,2 shall be el- igible for a summer of service educational award of $500 or $750 as described in sec- tions 12602(a)(2)(C) and 12603(d) of this title; (9) establish or implement youth engage- ment zone programs in youth engagement zones, for students in secondary schools served by local educational agencies for which a ma- jority of such students do not participate in service-learning activities that are— (A) carried out by eligible partnerships; and (B) designed to— (i) involve all students in secondary schools served by the local educational agency in service-learning to address a specific community challenge; (ii) improve student engagement, includ- ing student attendance and student behav- ior, and student achievement, graduation rates, and college-going rates at secondary schools; and (iii) involve an increasing percentage of students in secondary school and out-of- school youth in the community in school- based or community-based service-learn- ing activities each year, with the goal of involving all students in secondary schools served by the local educational agency and involving an increasing percentage of the out-of-school youth in service-learning ac- tivities; and (10) conduct semester of service programs that— (A) provide opportunities for secondary school students to participate in a semester of coordinated school-based or community- based service-learning opportunities for a minimum of 70 hours (of which at least a third will be spent participating in field- based activities) over a semester, to address specific community challenges; Page 8315 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12565 (B) engage as participants high percent- ages or numbers of economically disadvan- taged students; (C) allow participants to receive academic credit, for the time spent in the classroom and in the field for the program, that is equivalent to the academic credit for any class of equivalent length and with an equiv- alent time commitment; and (D) ensure that the classroom-based in- struction component of the program is inte- grated into the academic program of the local educational agency involved; and (11) carry out any other innovative service- learning programs or research that the Cor- poration considers appropriate. (d) Applications To be eligible to receive a grant to carry out a program or activity under this part, an entity or partnership, as appropriate, shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Exec- utive Officer may reasonably require, and obtain approval of the application. (e) Priority In making grants under this part, the Corpora- tion shall give priority to applicants proposing to— (1) involve students and community stake- holders in the design and implementation of service-learning programs carried out using funds received under this part; (2) implement service-learning programs in low-income or rural communities; and (3) utilize adult volunteers, including tap- ping the resources of retired and retiring adults, in the planning and implementation of service-learning programs. (f) Requirements (1) Term Each program or activity funded under this part shall be carried out over a period of 3 years, which may include 1 planning year. In the case of a program funded under this part, the 3-year period may be extended by 1 year, if the program meets performance levels estab- lished in accordance with section 12639(k) of this title and any other criteria determined by the Corporation. (2) Collaboration encouraged Each entity carrying out a program or activ- ity funded under this part shall, to the extent practicable, collaborate with entities carrying out programs under this division, division C, and titles I and II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq., 5001 et seq.). (3) Evaluation Not later than 4 years after the effective date of the Serve America Act, the Corpora- tion shall conduct an independent evaluation of the programs and activities carried out using funds made available under this part, and determine best practices relating to serv- ice-learning and recommendations for im- provement of those programs and activities. The Corporation shall widely disseminate the results of the evaluations, and information on the best practices and recommendations to the service community through multiple channels, including the Corporation’s Resource Center or a clearinghouse of effective strategies. (Pub. L. 101–610, title I, § 119, as added Pub. L. 111–13, title I, § 1204, Apr. 21, 2009, 123 Stat. 1479; amended Pub. L. 114–95, title IX, § 9215(bbb)(3), Dec. 10, 2015, 129 Stat. 2185.) Editorial Notes REFERENCES IN TEXT The Domestic Volunteer Service Act of 1973, referred to in subsec. (f)(2), is Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394. Titles I and II of the Act are classified generally to subchapters I (§ 4951 et seq.) and II (§ 5000 et seq.), re- spectively, of chapter 66 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. For the effective date of the Serve America Act, re- ferred to in subsec. (f)(3), as Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. PRIOR PROVISIONS A prior section 119 of Pub. L. 101–610 was renumbered section 118 and is classified to section 12561 of this title. AMENDMENTS 2015—Subsec. (a)(2)(A)(ii)(II). Pub. L. 114–95 sub- stituted ‘‘the four-year adjusted cohort graduation rate (as defined in section 7801 of title 20)’’ for ‘‘the gradua- tion rate (as defined in section 6311(b)(2)(C)(vi) of title 20 and as clarified in applicable regulations promul- gated by the Department of Education’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. PART IV—REPEALED Part related to service-learning impact study, prior to repeal by Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018. § 12565. Repealed. Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018 Section, Pub. L. 101–610, title I, § 120, as added Pub. L. 111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, pro- vided for a 10-year longitudinal study and reports on the impact of the activities carried out under this divi- sion. Division C—National Service Trust Program Editorial Notes PRIOR PROVISIONS This division is comprised of subtitle C, §§ 121–141, of title I of Pub. L. 101–610. A prior part C (§ 12541 et seq.), comprised of subtitle C, §§ 120–135, of title I of Pub. L. 101–610 was renumbered subtitle I, §§ 199A–199O, of title I of Pub. L. 101–610 by Pub. L. 103–82, title I, § 101(a),