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20 U.S.C. § 1022a — Partnership grants

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20 U.S.C. § 1022a — Partnership grants

Page 249 TITLE 20—EDUCATION § 1022a grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1022a. Partnership grants (a) Program authorized From amounts made available under section 1022h of this title, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in sub- section (c). (b) Application Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Sec- retary may require. Each such application shall contain— (1) a needs assessment of the partners in the eligible partnership with respect to the prepa- ration, ongoing training, professional develop- ment, and retention of general education and special education teachers, principals, and, as applicable, early childhood educators; (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare pro- spective and new teachers with strong teach- ing skills; (3) a description of how such program will prepare prospective and new teachers to un- derstand and use research and data to modify and improve classroom instruction; (4) a description of— (A) how the eligible partnership will co- ordinate strategies and activities assisted under the grant with other teacher prepara- tion or professional development programs, including programs funded under the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and the Individ- uals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and through the Na- tional Scienc

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Page 249 TITLE 20—EDUCATION § 1022a grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1022a. Partnership grants (a) Program authorized From amounts made available under section 1022h of this title, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in sub- section (c). (b) Application Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Sec- retary may require. Each such application shall contain— (1) a needs assessment of the partners in the eligible partnership with respect to the prepa- ration, ongoing training, professional develop- ment, and retention of general education and special education teachers, principals, and, as applicable, early childhood educators; (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare pro- spective and new teachers with strong teach- ing skills; (3) a description of how such program will prepare prospective and new teachers to un- derstand and use research and data to modify and improve classroom instruction; (4) a description of— (A) how the eligible partnership will co- ordinate strategies and activities assisted under the grant with other teacher prepara- tion or professional development programs, including programs funded under the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and the Individ- uals with Disabilities Education Act [20 U.S.C. 1400 et seq.], and through the Na- tional Science Foundation; and (B) how the activities of the partnership will be consistent with State, local, and other education reform activities that pro- mote teacher quality and student academic achievement; (5) an assessment that describes the re- sources available to the eligible partnership, including— (A) the integration of funds from other re- lated sources; (B) the intended use of the grant funds; and (C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, fac- ulty participation, and time commitments, and to the continuation of the activities when the grant ends; (6) a description of— (A) how the eligible partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d) or (e), based on the needs identified in para- graph (1), with the goal of improving student academic achievement; (C) if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partner- ship will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement; (D) the partnership’s evaluation plan under section 1022c(a) of this title; (E) how the partnership will align the teacher preparation program under sub- section (c) with the— (i) State early learning standards for early childhood education programs, as ap- propriate, and with the relevant domains of early childhood development; and (ii) challenging State academic stand- ards under section 1111(b)(1) of the Elemen- tary and Secondary Education Act of 1965 [20 U.S.C. 6311(b)(1)], established by the State in which the partnership is located; (F) how the partnership will prepare gen- eral education teachers to teach students with disabilities, including training related to participation as a member of individual- ized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act [20 U.S.C. 1414(d)(1)(B)]; (G) how the partnership will prepare gen- eral education and special education teach- ers to teach students who are limited English proficient; (H) how faculty at the partner institution will work, during the term of the grant, with teachers who meet the applicable State cer- tification and licensure requirements, in- cluding any requirements for certification obtained through alternative routes to cer- tification, or, with regard to special edu- cation teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)], in the classrooms of high-need schools served by the high-need local edu- cational agency in the partnership to— (i) provide high-quality professional de- velopment activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and (ii) train other classroom teachers to im- plement literacy programs that incor- porate the essential components of reading instruction; (I) how the partnership will design, imple- ment, or enhance a year-long and rigorous teaching preservice clinical program compo- nent; (J) how the partnership will support in- service professional development strategies and activities; and (K) how the partnership will collect, ana- lyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood education pro- grams located in the geographic area served by the partnership to evaluate the effective- Page 250 TITLE 20—EDUCATION § 1022a ness of the partnership’s teacher and educa- tor support system; and (7) with respect to the induction program re- quired as part of the activities carried out under this section— (A) a demonstration that the schools and departments within the institution of higher education that are part of the induction pro- gram will effectively prepare teachers, in- cluding providing content expertise and ex- pertise in teaching, as appropriate; (B) a demonstration of the eligible part- nership’s capability and commitment to, and the accessibility to and involvement of fac- ulty in, the use of empirically-based practice and scientifically valid research on teaching and learning; (C) a description of how the teacher prepa- ration program will design and implement an induction program to support, through not less than the first two years of teaching, all new teachers who are prepared by the teacher preparation program in the partner- ship and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local edu- cational agency, in the further development of the new teachers’ teaching skills, includ- ing the use of mentors who are trained and compensated by such program for the men- tors’ work with new teachers; and (D) a description of how faculty involved in the induction program will be able to sub- stantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and re- ceiving workload credit for such participa- tion. (c) Use of grant funds An eligible partnership that receives a grant under this section— (1) shall use grant funds to carry out a pro- gram for the preparation of teachers under subsection (d), a teaching residency program under subsection (e), or a combination of such programs; and (2) may use grant funds to carry out a lead- ership development program under subsection (f). (d) Partnership grants for the preparation of teachers An eligible partnership that receives a grant to carry out a program for the preparation of teachers shall carry out an effective pre-bacca- laureate teacher preparation program or a 5th year initial licensing program that includes all of the following: (1) Reforms (A) In general Implementing reforms, described in sub- paragraph (B), within each teacher prepara- tion program and, as applicable, each prepa- ration program for early childhood edu- cation programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— (i) preparing— (I) new or prospective teachers to meet the applicable State certification and li- censure requirements, including any re- quirements for certification obtained through alternative routes to certifi- cation, or, with regard to special edu- cation teachers, the qualifications de- scribed in section 612(a)(14)(C) of the In- dividuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)] (including teachers in rural school districts, special educators, and teachers of students who are limited English proficient); (II) such teachers and, as applicable, early childhood educators, to understand empirically-based practice and scientif- ically valid research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of uni- versal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; and (III) as applicable, early childhood edu- cators to be highly competent; and (ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development. (B) Required reforms The reforms described in subparagraph (A) shall include— (i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospec- tive and new teachers develop teaching skills; (ii) using empirically-based practice and scientifically valid research, where appli- cable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators— (I) understand and can implement re- search-based teaching practices in class- room instruction; (II) have knowledge of student learning methods; (III) possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction; (IV) possess teaching skills and an un- derstanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to— (aa) meet the specific learning needs of all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, students with low literacy levels and, as applicable, chil- dren in early childhood education pro- grams; and Page 251 TITLE 20—EDUCATION § 1022a (bb) differentiate instruction for such students; (V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Dis- abilities Education Act [20 U.S.C. 1414(d)(1)(B)]; and (VI) can successfully employ effective strategies for reading instruction using the essential components of reading in- struction; (iii) ensuring collaboration with depart- ments, programs, or units of a partner in- stitution outside of the teacher prepara- tion program in all academic content areas to ensure that prospective teachers receive training in both teaching and rel- evant content areas in order to meet the applicable State certification and licen- sure requirements, including any require- ments for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Dis- abilities Education Act [20 U.S.C. 1412(a)(14)(C)], which may include training in multiple subjects to teach multiple grade levels as may be needed for individ- uals preparing to teach in rural commu- nities and for individuals preparing to teach students with disabilities; (iv) developing and implementing an in- duction program; (v) developing admissions goals and pri- orities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and (vi) implementing program and cur- riculum changes, as applicable, to ensure that prospective teachers have the req- uisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses suc- cessfully. (2) Clinical experience and interaction Developing and improving a sustained and high-quality preservice clinical education pro- gram to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the pro- gram. Such program shall do the following: (A) Incorporate year-long opportunities for enrichment, including— (i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and (ii) closely supervised interaction be- tween prospective teachers and faculty, experienced teachers, principals, other ad- ministrators, and school leaders at early childhood education programs (as applica- ble), elementary schools, or secondary schools, and providing support for such interaction. (B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas. (C) Provide high-quality teacher men- toring. (D) Be offered over the course of a program of teacher preparation. (E) Be tightly aligned with course work (and may be developed as a fifth year of a teacher preparation program). (F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initia- tives and curriculum of that local edu- cational agency. (G) As applicable, provide training and ex- perience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teach- ing in rural or urban communities. (H) Provide support and training for indi- viduals participating in an activity for pro- spective or new teachers described in this paragraph or paragraph (1) or (3), and for in- dividuals who serve as mentors for such teachers, based on each individual’s experi- ence. Such support may include— (i) with respect to a prospective teacher or a mentor, release time for such individ- ual’s participation; (ii) with respect to a faculty member, re- ceiving course workload credit and com- pensation for time teaching in the eligible partnership’s activities; and (iii) with respect to a mentor, a stipend, which may include bonus, differential, in- centive, or performance pay, based on the mentor’s extra skills and responsibilities. (3) Induction programs for new teachers Creating an induction program for new teachers or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators. (4) Support and training for participants in early childhood education programs In the case of an eligible partnership focus- ing on early childhood educator preparation, implementing initiatives that increase com- pensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education. (5) Teacher recruitment Developing and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to become teach- ers who meet the applicable State certifi- cation and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(14)(C)] through the ac- tivities of the eligible partnership, which may include an emphasis on recruiting into the teaching profession— Page 252 TITLE 20—EDUCATION § 1022a 1 So in original. Probably should be followed by a hyphen. (A) individuals from under 1 represented populations; (B) individuals to teach in rural commu- nities and teacher shortage areas, including mathematics, science, special education, and the instruction of limited English proficient students; and (C) mid-career professionals from other oc- cupations, former military personnel, and recent college graduates with a record of academic distinction. (6) Literacy training Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers— (A) to implement literacy programs that incorporate the essential components of reading instruction; (B) to use screening, diagnostic, formative, and summative assessments to determine students’ literacy levels, difficulties, and growth in order to improve classroom in- struction and improve student reading and writing skills; (C) to provide individualized, intensive, and targeted literacy instruction for stu- dents with deficiencies in literacy skills; and (D) to integrate literacy skills in the class- room across subject areas. (e) Partnership grants for the establishment of teaching residency programs (1) In general An eligible partnership receiving a grant to carry out an effective teaching residency pro- gram shall carry out a program that includes all of the following activities: (A) Supporting a teaching residency pro- gram described in paragraph (2) for high- need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. (B) Placing graduates of the teaching resi- dency program in cohorts that facilitate professional collaboration, both among grad- uates of the teaching residency program and between such graduates and mentor teachers in the receiving school. (C) Ensuring that teaching residents who participate in the teaching residency pro- gram receive— (i) effective preservice preparation as de- scribed in paragraph (2); (ii) teacher mentoring; (iii) support required through the induc- tion program as the teaching residents enter the classroom as new teachers; and (iv) the preparation described in sub- paragraphs (A), (B), and (C) of subsection (d)(2). (2) Teaching residency programs (A) Establishment and design A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be de- signed to include the following characteris- tics of successful programs: (i) The integration of pedagogy, class- room practice, and teacher mentoring. (ii) Engagement of teaching residents in rigorous graduate-level course work lead- ing to a master’s degree while undertaking a guided teaching apprenticeship. (iii) Experience and learning opportuni- ties alongside a trained and experienced mentor teacher— (I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework; (II) who shall have extra responsibil- ities as a teacher leader of the teaching residency program, as a mentor for resi- dents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individ- uals are expected to continually improve their capacity to advance student learn- ing; and (III) who may be relieved from teach- ing duties as a result of such additional responsibilities. (iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observa- tions of the following: (I) Planning and preparation, including demonstrated knowledge of content, ped- agogy, and assessment, including the use of formative and diagnostic assessments to improve student learning. (II) Appropriate instruction that en- gages students with different learning styles. (III) Collaboration with colleagues to improve instruction. (IV) Analysis of gains in student learn- ing, based on multiple measures that are valid and reliable and that, when fea- sible, may include valid, reliable, and ob- jective measures of the influence of teachers on the rate of student academic progress. (V) In the case of mentor candidates who will be mentoring new or prospec- tive literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruc- tion, teacher training in literacy in- structional strategies across core subject areas, and teacher training in mathe- matics instructional strategies, as ap- propriate. (v) Grouping of teaching residents in co- horts to facilitate professional collabora- tion among such residents. (vi) The development of admissions goals and priorities— (I) that are aligned with the hiring ob- jectives of the local educational agency Page 253 TITLE 20—EDUCATION § 1022a partnering with the program, as well as the instructional initiatives and cur- riculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and (II) which may include consideration of applicants who reflect the communities in which they will teach as well as con- sideration of individuals from underrep- resented populations in the teaching pro- fession. (vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, pro- fessional development, and networking op- portunities to support the residents through not less than the residents’ first two years of teaching. (B) Selection of individuals as teacher resi- dents (i) Eligible individual In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall— (I) be a recent graduate of a four-year institution of higher education or a mid- career professional from outside the field of education possessing strong content knowledge or a record of professional ac- complishment; and (II) submit an application to the teach- ing residency program. (ii) Selection criteria An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to partici- pate in the teaching residency program based on the following characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written commu- nication skills, which may be dem- onstrated by performance on appropriate tests. (III) Other attributes linked to effec- tive teaching, which may be determined by interviews or performance assess- ments, as specified by the eligible part- nership. (C) Stipends or salaries; applications; agree- ments; repayments (i) Stipends or salaries A teaching residency program under this subsection shall provide a one-year living stipend or salary to teaching residents during the teaching residency program. (ii) Applications for stipends or salaries Each teacher residency candidate desir- ing a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assur- ances, as the eligible partnership may re- quire. (iii) Agreements to serve Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— (I) serve as a full-time teacher for a total of not less than three academic years immediately after successfully completing the teaching residency pro- gram; (II) fulfill the requirement under sub- clause (I) by teaching in a high-need school served by the high-need local edu- cational agency in the eligible partner- ship and teach a subject or area that is designated as high need by the partner- ship; (III) provide to the eligible partnership a certificate, from the chief administra- tive officer of the local educational agen- cy in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service; (IV) meet the applicable State certifi- cation and licensure requirements, in- cluding any requirements for certifi- cation obtained through alternative routes to certification, or, with regard to special education teachers, the qualifica- tions described in section 612(a)(14)(C) of the Individuals with Disabilities Edu- cation Act [20 U.S.C. 1412(a)(14)(C)], when the applicant begins to fulfill the service obligation under this clause; and (V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwill- ing to complete the service obligation required by this clause. (iv) Repayments (I) In general A grantee carrying out a teaching resi- dency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not com- plete, or who notifies the partnership that the recipient intends not to com- plete, the service obligation required by clause (iii) to repay such stipend or sal- ary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in ac- cordance with such other terms and con- ditions specified by the eligible partner- ship, as necessary. (II) Other terms and conditions Any other terms and conditions speci- fied by the eligible partnership may in- clude reasonable provisions for pro-rata repayment of the stipend or salary de- scribed in clause (i) or for deferral of a teaching resident’s service obligation re- quired by clause (iii), on grounds of health, incapacitation, inability to se- cure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. Page 254 TITLE 20—EDUCATION § 1022a (III) Use of repayments An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this sub- section. (f) Partnership grants for the development of leadership programs (1) In general An eligible partnership that receives a grant under this section may carry out an effective school leadership program, which may be car- ried out in partnership with a local edu- cational agency located in a rural area and that shall include all of the following activi- ties: (A) Preparing individuals enrolled or pre- paring to enroll in school leadership pro- grams for careers as superintendents, prin- cipals, early childhood education program directors, or other school leaders (including individuals preparing to work in local edu- cational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader). (B) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively— (i) create and maintain a data-driven, professional learning community within the leader’s school; (ii) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effec- tive instructional leadership skills; (iii) understand the teaching and assess- ment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning; (iv) manage resources and school time to improve student academic achievement and ensure the school environment is safe; (v) engage and involve parents, commu- nity members, the local educational agen- cy, businesses, and other community lead- ers, to leverage additional resources to im- prove student academic achievement; and (vi) understand how students learn and develop in order to increase academic achievement for all students. (C) Ensuring that individuals who partici- pate in the school leadership program re- ceive— (i) effective preservice preparation as de- scribed in subparagraph (D); (ii) mentoring; and (iii) if applicable, full State certification or licensure to become a school leader. (D) Developing and improving a sustained and high-quality preservice clinical edu- cation program to further develop the lead- ership skills of all prospective school leaders involved in the program. Such clinical edu- cation program shall do the following: (i) Incorporate year-long opportunities for enrichment, including— (I) clinical learning in high-need schools served by the high-need local educational agency or a local edu- cational agency located in a rural area in the eligible partnership and identified by the eligible partnership; and (II) closely supervised interaction be- tween prospective school leaders and fac- ulty, new and experienced teachers, and new and experienced school leaders, in such high-need schools. (ii) Integrate pedagogy and practice and promote effective leadership skills, meet- ing the unique needs of urban, rural, or geographically isolated communities, as applicable. (iii) Provide for mentoring of new school leaders. (E) Creating an induction program for new school leaders. (F) Developing and implementing effective mechanisms to ensure that the eligible part- nership is able to recruit qualified individ- uals to become school leaders through the activities of the eligible partnership, which may include an emphasis on recruiting into school leadership professions— (i) individuals from underrepresented populations; (ii) individuals to serve as superintend- ents, principals, or other school adminis- trators in rural and geographically iso- lated communities and school leader shortage areas; and (iii) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction. (2) Selection of individuals for the leadership program In order to be eligible for the school leader- ship program under this subsection, an indi- vidual shall be enrolled in or preparing to en- roll in an institution of higher education, and shall— (A) be a— (i) recent graduate of an institution of higher education; (ii) mid-career professional from outside the field of education with strong content knowledge or a record of professional ac- complishment; (iii) current teacher who is interested in becoming a school leader; or (iv) school leader who is interested in be- coming a superintendent; and (B) submit an application to the leadership program. (g) Partnership with digital education content developer An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in sub- section (d) or (e), or both, to partner with a tele- vision public broadcast station, as defined in section 397(6) of title 47, or another entity that develops digital educational content, for the purpose of improving the quality of pre-bacca- laureate teacher preparation programs or to en- hance the quality of preservice training for pro- spective teachers. Page 255 TITLE 20—EDUCATION § 1022a (h) Evaluation and reporting The Secretary shall— (1) evaluate the programs assisted under this section; and (2) make publicly available a report detail- ing the Secretary’s evaluation of each such program. (i) Consultation (1) In general Members of an eligible partnership that re- ceives a grant under this section shall engage in regular consultation throughout the devel- opment and implementation of programs and activities carried out under this section. (2) Regular communication To ensure timely and meaningful consulta- tion as described in paragraph (1), regular communication shall occur among all mem- bers of the eligible partnership, including the high-need local educational agency. Such com- munication shall continue throughout the im- plementation of the grant and the assessment of programs and activities under this section. (3) Written consent The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Sec- retary a written consent to such changes signed by all members of the eligible partner- ship. (j) Construction Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a re- gional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood edu- cation, local educational agencies, or State agencies for higher education. (k) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would oth- erwise be expended to carry out activities under this section. (Pub. L. 89–329, title II, § 202, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3133; amended Pub. L. 111–39, title II, § 201(2), July 1, 2009, 123 Stat. 1936; Pub. L. 114–95, title IX, §§ 9214(c)(3), 9215(oo)(3), Dec. 10, 2015, 129 Stat. 2161, 2179.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(4)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (b)(4)(A), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 1400 of this title and Tables. PRIOR PROVISIONS Prior section 202 of Pub. L. 89–329 was classified to section 1022 of this title, prior to repeal by Pub. L. 110–315. A prior section 202 of Pub. L. 89–329 was classified to section 1022 of this title, prior to repeal by Pub. L. 104–208. Another prior section 202 of Pub. L. 89–329 was classi- fied to section 1022 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374. AMENDMENTS 2015—Subsec. (b)(6)(E)(ii). Pub. L. 114–95, § 9215(oo)(3), substituted ‘‘challenging State academic standards under section 1111(b)(1) of the Elementary and Sec- ondary Education Act of 1965,’’ for ‘‘student academic achievement standards and academic content standards under section 1111(b)(1) of the Elementary and Sec- ondary Education Act of 1965,’’. Subsec. (b)(6)(H). Pub. L. 114–95, § 9214(c)(3)(A), sub- stituted ‘‘teachers who meet the applicable State cer- tification and licensure requirements, including any re- quirements for certification obtained through alter- native routes to certification, or, with regard to special education teachers, the qualifications described in sec- tion 612(a)(14)(C) of the Individuals with Disabilities Education Act,’’ for ‘‘highly qualified teachers’’ in in- troductory provisions. Subsec. (d)(1)(A)(i)(I). Pub. L. 114–95, § 9214(c)(3)(B)(i)(I), substituted ‘‘meet the applicable State certification and licensure requirements, includ- ing any requirements for certification obtained through alternative routes to certification, or, with re- gard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (including teachers in rural school districts, special educators, and teachers of stu- dents who are limited English proficient)’’ for ‘‘be high- ly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are limited English pro- ficient who may teach multiple subjects)’’. Subsec. (d)(1)(B)(iii). Pub. L. 114–95, § 9214(c)(3)(B)(i)(II), substituted ‘‘meet the applicable State certification and licensure requirements, includ- ing any requirements for certification obtained through alternative routes to certification, or, with re- gard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities’’ for ‘‘become highly qualified, which may include training in multiple sub- jects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the In- dividuals with Disabilities Education Act’’. Subsec. (d)(5). Pub. L. 114–95, § 9214(c)(3)(B)(ii), sub- stituted ‘‘become teachers who meet the applicable State certification and licensure requirements, includ- ing any requirements for certification obtained through alternative routes to certification, or, with re- gard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act’’ for ‘‘become highly quali- fied teachers’’ in introductory provisions. Subsec. (e)(2)(C)(iii)(IV). Pub. L. 114–95, § 9214(c)(3)(C), added subcl. (IV) and struck out former subcl. (IV) which read as follows: ‘‘meet the requirements to be a highly qualified teacher, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, or section 602 of the Individuals with Disabilities Edu- cation Act, when the applicant begins to fulfill the service obligation under this clause; and’’. 2009—Subsec. (b)(6)(E)(ii). Pub. L. 111–39, § 201(2)(A), substituted ‘‘section 1111(b)(1)’’ for ‘‘section 1111(b)(2)’’. Page 256 TITLE 20—EDUCATION § 1022b Subsec. (c)(1). Pub. L. 111–39, § 201(2)(B), struck out ‘‘pre-baccalaureate’’ before ‘‘preparation’’. Subsec. (d). Pub. L. 111–39, § 201(2)(C), substituted ‘‘the preparation’’ for ‘‘pre-baccalaureate preparation’’ in heading, added introductory provisions, and struck out former introductory provisions which read as follows: ‘‘An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following:’’. Subsec. (e)(2). Pub. L. 111–39, § 201(2)(D), in subpar. (A)(ii), substituted ‘‘leading to’’ for ‘‘to earn’’ and, in subpar. (C), struck out ‘‘one-year’’ before ‘‘teaching residency program’’ in cls. (i) and (iii)(I). Subsec. (i)(3). Pub. L. 111–39, § 201(2)(E), substituted ‘‘consent to’’ for ‘‘consent of’’. 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 this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. § 1022b. Administrative provisions (a) Duration; number of awards; payments (1) Duration A grant awarded under this part shall be awarded for a period of five years. (2) Number of awards An eligible partnership may not receive more than one grant during a five-year period. Nothing in this subchapter shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this subchapter from entering into another eligible partner- ship consisting of new members and receiving a grant with such other eligible partnership before the five-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. (b) Peer review (1) Panel The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each ap- plication, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority The Secretary, in funding applications under this part, shall give priority— (A) to eligible partnerships that include an institution of higher education whose teach- er preparation program has a rigorous selec- tion process to ensure the highest quality of students entering such program; and (B)(i) to applications from broad-based eli- gible partnerships that involve businesses and community organizations; or (ii) to eligible partnerships so that the awards promote an equitable geographic dis- tribution of grants among rural and urban areas. (3) Secretarial selection The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be car- ried out by the eligible partnership. (c) Matching requirements (1) In general Each eligible partnership receiving a grant under this part shall provide, from non-Fed- eral sources, an amount equal to 100 percent of the amount of the grant, which may be pro- vided in cash or in-kind, to carry out the ac- tivities supported by the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partner- ship if the Secretary determines that applying the matching requirement to the eligible part- nership would result in serious hardship or an inability to carry out the authorized activities described in this part. (d) Limitation on administrative expenses An eligible partnership that receives a grant under this part may use not more than two per- cent of the funds provided to administer the grant. (Pub. L. 89–329, title II, § 203, as added Pub. L. 110–315, title II, § 201(2), Aug. 14, 2008, 122 Stat. 3145.) Editorial Notes PRIOR PROVISIONS A prior section 203 of Pub. L. 89–329 was classified to section 1023 of this title, prior to repeal by Pub. L. 110–315. Another prior section 203 of Pub. L. 89–329 was classi- fied to section 1023 of this title, prior to repeal by Pub. L. 104–208. Another prior section 203 of Pub. L. 89–329 was classi- fied to section 1023 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374. § 1022c. Accountability and evaluation (a) Eligible partnership evaluation Each eligible partnership submitting an appli- cation for a grant under this part shall estab- lish, and include in such application, an evalua- tion plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing— (1) achievement for all prospective and new teachers, as measured by the eligible partner- ship; (2) teacher retention in the first three years of a teacher’s career; (3) improvement in the pass rates and scaled scores for initial State certification or licen- sure of teachers; and

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20 U.S.C. § 1022a — Purposes

The purposes of this part are to— (1) improve student achievement; (2) improve the quality of prospective and new teachers by improving the preparation of prospective teachers and enhancing professional development activities for new teachers; (3) hold teacher preparation programs at institutions of higher education accountable for preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in [section 1412(a)(14)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14/C&num=0&edition=prelim); and (4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching force.

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20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

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20 U.S.C. § 1400 — Short title; findings; purposes

Page 927 TITLE 20—EDUCATION § 1400 Section 1393e, Pub. L. 88–210, title I, § 196, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609, set forth application requirements for grants and contracts for bilingual vocational training pro- grams. Section 1393f, Pub. L. 88–210, title I, § 197, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct. 12, 1976, 90 Stat. 2237, set forth criteria for approval by Commissioner of applications for grants and contracts for bilingual vocational training programs. CHAPTER 33—EDUCATION OF INDIVIDUALS WITH DISABILITIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 1400. Short title; findings; purposes. 1401. Definitions. 1402. Office of Special Education Programs. 1403. Abrogation of State sovereign immunity. 1404. Acquisition of equipment; construction or al- teration of facilities. 1405. Employment of individuals with disabilities. 1406. Requirements for prescribing regulations. 1407. State administration. 1408. Paperwork reduction. 1409. Freely associated States. SUBCHAPTER II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES 1411. Authorization; allotment; use of funds; au- thorization of appropriations. 1412. State eligibility. 1413. Local educational agency eligibility. 1414. Evaluations, eligibility determinations, indi- vidualized education programs, and edu- cational placements. 1415. Procedural safeguards. 1416. Monitoring, technical assistance, and en- forcement. 1417. Administration. 1418. Program information. 1419. Preschool grants. SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES 1431. Findings and policy. 1432. Definitions. 1433. General authority. 1434. Eligib

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1412 — State eligibility

**(a) In general** A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions: (1) **Free appropriate public education** (A) *In general* — A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. (B) *Limitation* — The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children— (i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and (ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility— (I) were not actually identified as being a child with a disability under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or (II) did not have an individualized education program under this subchapter. (C) *State flexibility* — A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under [section 1419 of this title](https://uscode.hou

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20 U.S.C. § 1412 — State eligibility

Page 946 TITLE 20—EDUCATION § 1412 amended Pub. L. 114–95, title IX, § 9215(ss)(2), Dec. 10, 2015, 129 Stat. 2181; Pub. L. 118–42, div. G, title II, § 209(b)(3), Mar. 9, 2024, 138 Stat. 442.) Editorial Notes REFERENCES IN TEXT Public Law 95–134, referred to in subsec. (b)(1)(B), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions re- lating to consolidation of grants are contained in sec- tion 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Possessions. The Social Security Act, referred to in subsec. (e)(3)(H), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 1411, Pub. L. 91–230, title VI, § 611, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 49, related to authorization, allotment, use of funds, and authorization of appropriations, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1411, Pub. L. 91–230, title VI, § 611, Apr. 13, 1970, 84 Stat. 178; Pub. L. 93–380, title VI, § 614(a), (e)(1), (2), Aug. 21, 1974, 88 Stat. 580, 582; Pub. L. 94–142, §§ 2(a)(1)–(3), 5(a), (c), Nov. 29, 1975, 89 Stat. 773, 776, 794; Pub. L. 95–561, title XIII, § 1341(a), Nov. 1, 1978, 92 Stat. 2364; Pub. L. 96–270, § 13, June 14, 1980, 94 Stat. 498; Pub. L. 98–199, §§ 3(b), 15, Dec. 2, 1983, 97 Stat. 1358, 1374; Pub. L. 99–159, title VI, § 601, Nov. 22, 1985, 99 Stat. 904; Pub. L. 99–362, § 2, July 9, 1986, 100 Stat. 769; Pub. L. 99–457, title II, § 201(b), title IV, §§ 403

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1414 — Evaluations, eligibility determinations, individualized education programs, and educational placements

**(a) Evaluations, parental consent, and reevaluations** (1) **Initial evaluations** (A) *In general* — A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this subchapter. (B) *Request for initial evaluation* — Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. (C) *Procedures* (i) *In general* — Such initial evaluation shall consist of procedures— (I) to determine whether a child is a child with a disability (as defined in 1401 of this title) within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and (II) to determine the educational needs of such child. (ii) *Exception* — The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if— (I) a child enrolls in a school served by the local educational agency after the relevant timeframe in clause (i)(I) has begun and prior to a determination by the child’s previous local educational agency as to whether the child is a child with a disability (as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim)), but only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evalua

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20 U.S.C. § 1414 — Evaluations, eligibility determinations, in-

Page 962 TITLE 20—EDUCATION § 1414 by Secretary, and participation of children with dis- abilities enrolled in private schools, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 105–17. AMENDMENTS 2015—Subsec. (a)(3). Pub. L. 114–95 substituted ‘‘sub- ject to the requirements of section 1412(a)(14) of this title and section 2102(b) of the Elementary and Sec- ondary Education Act of 1965’’ for ‘‘subject to the re- quirements of section 1412(a)(14) of this title and sec- tion 2122 of the Elementary and Secondary Education Act of 1965’’. 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 this title. § 1414. Evaluations, eligibility determinations, in- dividualized education programs, and edu- cational placements (a) Evaluations, parental consent, and reevalua- tions (1) Initial evaluations (A) In general A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evalua- tion in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this sub- chapter. (B) Request for initial evaluation Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local edu- cational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. (C) Procedures (i) In general Such initial evaluation shall consist of procedures— (I) to determi

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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20 U.S.C. § 6301 — Statement of purpose

Page 1321 TITLE 20—EDUCATION § 6301 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 with- out reference to such intervening amendments because of the extensive amendments, renumbering, and reorga- nization of these provisions by Pub. L. 107–110. SUBCHAPTER I—IMPROVING THE ACA- DEMIC ACHIEVEMENT OF THE DIS- ADVANTAGED Editorial Notes CODIFICATION Title I of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently revised, restated, and amended by other public laws. Title I is shown, herein, as having been added by Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439, without reference to earlier amendments because of the extensive revision of the ti- tle’s provisions by Pub. L. 107–110. See Codification note preceding this chapter. § 6301. Statement of purpose The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. (Pub. L. 89–10, title I, § 1001, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439; amended Pub. L. 114–95, title I, § 1001, Dec. 10, 2015, 129 Stat. 1814.) Editorial Notes PRIOR PROVISIONS A prior section 6301, Pub. L. 89–10, title I, § 1001, as added Pub. L. 103–382, title I, § 101, Oct. 20,

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6311 — Statement of purpose

The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

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