42 U.S.C. § 12523 — Assistance to States, territories, and In-

Page 8304 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12523 1 See References in Text note below. (B) for a State in which a State edu- cational agency described in subparagraph (A) has designated a statewide entity under section 12523(e) 1 of this title, that des- ignated statewide entity. (Pub. L. 101–610, title I, § 111A, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1467.) Editorial Notes REFERENCES IN TEXT Section 12523(e) of this title, referred to in par. (2)(B), probably should be a reference to section 12523(d) of this title, which relates to designation of a statewide entity to carry out the functions of the State edu- cational agency. Section 12523(e) relates to consulta- tion of the Corporation with the Secretary of Edu- cation. PRIOR PROVISIONS A prior section 12522, Pub. L. 101–610, title I, § 111A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 827, granted the Corporation authority to assist local applicants in nonparticipating States, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12522, Pub. L. 101–610, title I, § 112, Nov. 16, 1990, 104 Stat. 3133; Pub. L. 102–10, § 4(3), Mar. 12, 1991, 105 Stat. 30; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, related to allotments, prior to re- peal by Pub. L. 103–82, § 103(a)(2). 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. § 12523. Assistance to States, territories, and In- dian tribes (a) Allotments to States, territories, and Indian tribes The Corporation, in consultation with the Sec- retary of Education, may make allotments to State educational agencies, territories, and In- dian tribes to pay for the Federal share of— (1) planning and building the capacity with- in the State, territory, or Indian tribe in- volved to implement service-learning pro- grams that are based principally in elemen- tary schools and secondary schools, includ- ing— (A) providing training and professional de- velopment for teachers, supervisors, per- sonnel from community-based entities (par- ticularly with regard to the recruitment, utilization, and management of partici- pants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning; (B) developing service-learning curricula, consistent with State or local academic con- tent standards, to be integrated into aca- demic programs, including curricula for an age-appropriate learning component that provides participants an opportunity to ana- lyze and apply their service experiences; (C) forming local partnerships described in paragraph (2) or (4)(D) to develop school- based service-learning programs in accord- ance with this part; (D) devising appropriate methods for re- search on and evaluation of the educational value of service-learning and the effect of service-learning activities on communities; (E) establishing effective outreach and dis- semination of information to ensure the broadest possible involvement of commu- nity-based entities with demonstrated effec- tiveness in working with school-age youth in their communities; and (F) establishing effective outreach and dis- semination of information to ensure the broadest possible participation of schools throughout the State, throughout the terri- tory, or serving the Indian tribe involved with particular attention to schools imple- menting comprehensive support and im- provement activities or targeted support and improvement activities under section 6311(d) of title 20; (2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruit- ment, training, supervision, placement, sala- ries, and benefits of service-learning coordina- tors, through distribution by State edu- cational agencies, territories, and Indian tribes of Federal funds made available under this part to projects operated by local partner- ships among— (A) local educational agencies; and (B) 1 or more community partners that— (i) shall include a public or private non- profit organization that— (I) has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs; (II) will make projects available for participants, who shall be students; and (III) was in existence at least 1 year be- fore the date on which the organization submitted an application under section 12525 of this title; and (ii) may include a private for-profit busi- ness, private elementary school or sec- ondary school, or Indian tribe (except that an Indian tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project); (3) planning of school-based service-learning programs, through distribution by State edu- cational agencies, territories, and Indian tribes of Federal funds made available under this part to local educational agencies and In- dian tribes, which planning may include pay- ing for the cost of— (A) the salaries and benefits of service- learning coordinators; or (B) the recruitment, training and profes- sional development, supervision, and place- ment of service-learning coordinators who may be participants in a program under divi- sion C or receive a national service edu- cational award under division D, who may be participants in a project under section 5001 of this title, or who may participate in a Youthbuild program under section 3226 of title 29, Page 8305 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12523 who will identify the community partners de- scribed in paragraph (2)(B) and assist in the design and implementation of a program de- scribed in paragraph (2); (4) implementing, operating, or expanding school-based service-learning programs to uti- lize adult volunteers in service-learning to im- prove the education of students, through dis- tribution by State educational agencies, terri- tories, and Indian tribes of Federal funds made available under this part to— (A) local educational agencies; (B) Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds); (C) public or private nonprofit organiza- tions; or (D) partnerships or combinations of local educational agencies, and entities described in subparagraph (B) or (C); and (5) developing, as service-learning programs, civic engagement programs that promote a better understanding of— (A) the principles of the Constitution, the heroes of United States history (including military heroes), and the meaning of the Pledge of Allegiance; (B) how the Nation’s government func- tions; and (C) the importance of service in the Na- tion’s character. (b) Duties of service-learning coordinator A service-learning coordinator referred to in paragraph (2) or (3) of subsection (a) shall pro- vide services to a local partnership described in subsection (a)(2) or entity described in sub- section (a)(3), respectively, that may include— (1) providing technical assistance and infor- mation to, and facilitating the training of, teachers and assisting in the planning, devel- opment, execution, and evaluation of service- learning in their classrooms; (2) assisting local partnerships described in subsection (a)(2) in the planning, development, and execution of service-learning projects, in- cluding summer of service programs; (3) assisting schools and local educational agencies in developing school policies and practices that support the integration of serv- ice-learning into the curriculum; and (4) carrying out such other duties as the local partnership or entity, respectively, may determine to be appropriate. (c) Related expenses An entity that receives financial assistance under this part from a State, territory, or In- dian tribe may, in carrying out the activities de- scribed in subsection (a), use such assistance to pay for the Federal share of reasonable costs re- lated to the supervision of participants, program administration, transportation, insurance, and evaluations and for other reasonable expenses related to the activities. (d) Special rule A State educational agency described in sec- tion 12522(2)(A) of this title may designate a statewide entity (which may be a community- based entity) with demonstrated experience in supporting or implementing service-learning programs, to receive the State educational agen- cy’s allotment under this part, and carry out the functions of the agency under this part. (e) Consultation with Secretary of Education The Corporation is authorized to enter into agreements with the Secretary of Education for initiatives (and may use funds authorized under section 12681(a)(6) of this title to enter into the agreements if the additional costs of the initia- tives are warranted) that may include— (1) identification and dissemination of re- search findings on service-learning and sci- entifically valid research based practices for service-learning; and (2) provision of professional development op- portunities that— (A) improve the quality of service-learning instruction and delivery for teachers both preservice and in-service, personnel from community-based entities and youth work- ers; and (B) create and sustain effective partner- ships for service-learning programs between local educational agencies, community- based entities, businesses, and other stake- holders. (Pub. L. 101–610, title I, § 112, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1468; amended Pub. L. 113–128, title V, § 512(u)(1), July 22, 2014, 128 Stat. 1712; Pub. L. 114–95, title IX, § 9215(bbb)(2), Dec. 10, 2015, 129 Stat. 2185.) Editorial Notes PRIOR PROVISIONS A prior section 12523, Pub. L. 101–610, title I, § 111B, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 827, granted the Corporation authority to assist public or private nonprofit organizations, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12523, Pub. L. 101–610, title I, § 113, Nov. 16, 1990, 104 Stat. 3134; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, related to State grant appli- cations, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 112 of Pub. L. 101–610 was classified to section 12524 prior to the general amendment of this part by Pub. L. 111–13. Another prior section 112 of Pub. L. 101–610 was classi- fied to section 12522 of this title prior to repeal by Pub. L. 103–82. AMENDMENTS 2015—Subsec. (a)(1)(F). Pub. L. 114–95 substituted ‘‘im- plementing comprehensive support and improvement activities or targeted support and improvement activi- ties under section 6311(d) of title 20’’ for ‘‘not making adequate yearly progress for two or more consecutive years under section 6311 of title 20’’. 2014—Subsec. (a)(3)(B). Pub. L. 113–128 substituted ‘‘or who may participate in a Youthbuild program under section 3226 of title 29’’ for ‘‘or who may participate in a Youthbuild program under section 2918a of title 29’’. 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 OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 Page 8306 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12524 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. 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. § 12524. Allotments (a) Indian tribes and territories Of the amounts appropriated to carry out this part for any fiscal year, the Corporation shall reserve an amount of not less than 2 percent and not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in ac- cordance with their respective needs. (b) Allotments through States (1) In general After reserving an amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for the fiscal year as follows: (A) Allotments based on school-age youth From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 per- cent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth in all States. (B) Allotments based on allocations under El- ementary and Secondary Education Act of 1965 From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 per- cent of such remainder as the allocation to the State for the previous fiscal year under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) bears to the total of such allocations to all States. (2) Minimum amount For any fiscal year for which amounts ap- propriated for this division exceed $50,000,000, the minimum allotment to each State under paragraph (1) shall be $75,000. (c) Reallotment If the Corporation determines that the allot- ment of a State, territory, or Indian tribe under this section will not be required for a fiscal year because the State, territory, or Indian tribe did not submit and receive approval of an applica- tion for the allotment under section 12525 of this title, the Corporation shall make the allotment for such State, territory, or Indian tribe avail- able for grants to community-based entities to carry out service-learning programs as described in section 12523(b) of this title in such State, in such territory, or for such Indian tribe. After community-based entities apply for grants from the allotment, by submitting an application at such time and in such manner as the Corpora- tion requires, and receive approval, the remain- der of such allotment shall be available for real- lotment to such other States, territories, or In- dian tribes with approved applications sub- mitted under section 12525 of this title as the Corporation may determine to be appropriate. (Pub. L. 101–610, title I, § 112A, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1470.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(1)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of Title 20 and Tables. PRIOR PROVISIONS A prior section 12524, Pub. L. 101–610, title I, § 112, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 827; amended Pub. L. 103–382, title III, §§ 391(y), 394(h)(2), Oct. 20, 1994, 108 Stat. 4026, 4028, related to grants and allotments, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12524, Pub. L. 101–610, title I, § 114, Nov. 16, 1990, 104 Stat. 3135; Pub. L. 102–10, § 4(4), Mar. 12, 1991, 105 Stat. 30, related to local applications for assistance, prior to repeal by Pub. L. 103–82, § 103(a)(2). 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. § 12525. Applications (a) Applications to Corporation for allotments (1) In general To be eligible to receive an allotment under section 12524 of this title, a State, acting through the State educational agency, terri- tory, or Indian tribe shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Of- ficer may reasonably require, and obtain ap- proval of the application. (2) Contents An application for an allotment under sec- tion 12523 of this title shall include— (A) a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will integrate service opportuni- ties into the academic program of the par- ticipants; (B) information about the criteria the State educational agency, territory, or In- dian tribe will use to evaluate and grant ap- proval to applications submitted under sub- section (b), including an assurance that the State educational agency, territory, or In- dian tribe will comply with the requirement in section 12526(a) of this title; (C) assurances about the applicant’s ef- forts to— (i) ensure that students of different ages, races, sexes, ethnic groups, disabilities,