20 U.S.C. § 6315 — Targeted assistance schools

Page 1357 TITLE 20—EDUCATION § 6315 1 So in original. The word ‘‘and’’ probably should not appear. 2 So in original. Probably should be ‘‘providing’’. Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Tech- nical Education Act of 1998’’. 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. § 6315. Targeted assistance schools (a) In general In all schools selected to receive funds under section 6313(c) of this title that are ineligible for a schoolwide program under section 6314 of this title, have not received a waiver under section 6314(a)(1)(B) of this title to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds re- ceived under this part only for programs that provide services to eligible children under sub- section (c) identified as having the greatest need for special assistance. (b) Targeted assistance school program To assist targeted assistance schools and local educational agencies to meet their responsi- bility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each tar- geted assistance program under this section shall— (1) determine which students will be served; (2) serve participating students identified as eligible children under subsection (c), includ- ing by— (A) using resources under this part to help eligible children meet the challenging State academic standards, which may include pro- grams, activities, and academic courses nec- essary to provide a well-rounded education; (B) using methods and instructional strat- egies to strengthen the academic program of the school through activities, which may in- clude— (i) expanded learning time, before- and after-school programs, and summer pro- grams and opportunities; and (ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (C) coordinating with and supporting the regular education program, which may in- clude services to assist preschool children in the transition from early childhood edu- cation programs such as Head Start, the lit- eracy program under subpart 2 of part B of subchapter II, or State-run preschool pro- grams to elementary school programs; (D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appro- priate, specialized instructional support per- sonnel, and other school personnel who work with eligible children in programs under this section or in the regular education program; (E) implementing strategies to increase the involvement of parents of eligible chil- dren in accordance with section 6318 of this title; and 1 (F) if appropriate and applicable, coordi- nating and integrating Federal, State, and local services and programs, such as pro- grams supported under this chapter, vio- lence prevention programs, nutrition pro- grams, housing programs, Head Start pro- grams, adult education programs, career and technical education programs, and com- prehensive support and improvement activi- ties or targeted support and improvement activities under section 6311(d) of this title; and (G) provide 2 to the local educational agen- cy assurances that the school will— (i) help provide an accelerated, high- quality curriculum; (ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and (iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards. (c) Eligible children (1) Eligible population (A) In general The eligible population for services under this section is— (i) children not older than age 21 who are entitled to a free public education through grade 12; and (ii) children who are not yet at a grade level at which the local educational agen- cy provides a free public education. (B) Eligible children from eligible population From the population described in subpara- graph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, ex- cept that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, es- tablished by the local educational agency and supplemented by the school. (2) Children included (A) In general Children who are economically disadvan- taged, children with disabilities, migrant children or English learners, are eligible for services under this part on the same basis as other children selected to receive services under this part. Page 1358 TITLE 20—EDUCATION § 6315 (B) Head Start and preschool children A child who, at any time in the 2 years preceding the year for which the determina- tion is made, participated in a Head Start program, the literacy program under subpart 2 of part B of subchapter II, or in preschool services under this subchapter, is eligible for services under this part. (C) Migrant children A child who, at any time in the 2 years preceding the year for which the determina- tion is made, received services under part C is eligible for services under this part. (D) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attend- ing a community day program for such chil- dren is eligible for services under this part. (E) Homeless children A child who is homeless and attending any school served by the local educational agen- cy is eligible for services under this part. (3) Special rule Funds received under this part may not be used to provide services that are otherwise re- quired by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services. (d) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (1) participate in general professional devel- opment and school planning activities; and (2) assume limited duties that are assigned to similar personnel who are not so paid, in- cluding duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar per- sonnel at the same school. (e) Special rules (1) Simultaneous service Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs, in the same educational settings where appropriate. (2) Comprehensive services If— (A) health, nutrition, and other social services are not otherwise available to eligi- ble children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and es- tablished a collaborative partnership with local service providers; and (B) funds are not reasonably available from other public or private sources to pro- vide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, in- cluding— (i) the provision of basic medical equip- ment, such as eyeglasses and hearing aids; (ii) compensation of a coordinator; (iii) family support and engagement services; (iv) integrated student supports; and (v) professional development necessary to assist teachers, specialized instruc- tional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. (f) Use of funds for dual or concurrent enroll- ment programs A secondary school operating a targeted as- sistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services de- scribed under section 6314(e) of this title to eligi- ble children under subsection (c)(1)(B) who are identified as having the greatest need for special assistance. (g) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under section 6314(b) of this title, or a program described in subsection (b), for review or approval by the Secretary. (h) Delivery of services The services of a targeted assistance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strate- gies to improve student achievement. (Pub. L. 89–10, title I, § 1115, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1475; amended Pub. L. 114–95, title I, § 1009, Dec. 10, 2015, 129 Stat. 1865.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (b)(2)(B)(ii), 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 A prior section 6315, Pub. L. 89–10, title I, § 1115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3539, related to targeted assistance schools, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1009(1), added sub- sec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘In all schools se- lected to receive funds under section 6313(c) of this title that are ineligible for a schoolwide program under sec- tion 6314 of this title, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (b) of this section identified as having the greatest need for special assistance.’’ Subsec. (b). Pub. L. 114–95, § 1009(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, Page 1359 TITLE 20—EDUCATION § 6318 subsec. (b) consisted of pars. (1) and (2) relating to gen- eral components of a targeted assistance school pro- gram and coordination of resources and review and re- vision of program. Pub. L. 114–95, § 1009(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 114–95, § 1009(2), redesignated sub- sec. (b) as (c). Former subsec. (c) redesignated (b). Subsec. (c)(1)(B). Pub. L. 114–95, § 1009(4)(A), sub- stituted ‘‘the challenging State academic standards’’ for ‘‘the State’s challenging student academic achieve- ment standards’’ and ‘‘criteria, including objective cri- teria, established by the local educational agency and supplemented by the school’’ for ‘‘such criteria as teacher judgment, interviews with parents, and devel- opmentally appropriate measures’’. Subsec. (c)(2)(A). Pub. L. 114–95, § 1009(4)(B)(i), sub- stituted ‘‘English learners’’ for ‘‘limited English pro- ficient children’’. Subsec. (c)(2)(B). Pub. L. 114–95, § 1009(4)(B)(ii), in heading, substituted ‘‘Head Start and preschool chil- dren’’ for ‘‘Head Start, Even Start, or Early Reading First children’’ and, in text, substituted ‘‘Head Start program, the literacy program under subpart 2 of part B of subchapter II,’’ for ‘‘Head Start, Even Start, or Early Reading First program,’’. Subsec. (c)(2)(C). Pub. L. 114–95, § 1009(4)(B)(iii), sub- stituted ‘‘Migrant children’’ for ‘‘Part C children’’ in heading. Subsec. (e)(2)(B)(iii) to (v). Pub. L. 114–95, § 1009(5)(A), added cls. (iii) and (iv), redesignated former cl. (iii) as (v), and, in cl. (v), substituted ‘‘specialized instruc- tional support’’ for ‘‘pupil services’’. Subsec. (e)(3). Pub. L. 114–95, § 1009(5)(B), struck out par. (3). Text read as follows: ‘‘Each school receiving funds under this part for any fiscal year shall devote sufficient resources to carry out effectively the profes- sional development activities described in subpara- graph (F) of subsection (c)(1) of this section in accord- ance with section 6319 of this title for such fiscal year, and a school may enter into a consortium with another school to carry out such activities.’’ Subsecs. (f) to (h). Pub. L. 114–95, § 1009(6), added sub- secs. (f) to (h). 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. §§ 6316, 6317. Repealed. Pub. L. 114–95, title I, § 1000(1), Dec. 10, 2015, 129 Stat. 1814 Section 6316, Pub. L. 89–10, title I, § 1116, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1478, related to academic assessment and local educational agency and school improvement. A prior section 6316, Pub. L. 89–10, title I, § 1115A, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3542, related to school choice, prior to the general amendment of this subchapter by Pub. L. 107–110. Section 6317, Pub. L. 89–10, title I, § 1117, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1498; amended Pub. L. 107–279, title IV, § 404(d)(3), Nov. 5, 2002, 116 Stat. 1985; Pub. L. 108–446, title II, § 201(b)(3), Dec. 3, 2004, 118 Stat. 2802, related to school support and recognition. A prior section 6317, Pub. L. 89–10, title I, § 1116, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3542; amended Pub. L. 104–134, title I, § 101(d) [title VII, § 703(b)(2)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to assessment and local educational agency and school improvement, prior to the general amendment of this subchapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6318. Parent and family engagement (a) Local educational agency policy (1) In general A local educational agency may receive funds under this part only if such agency con- ducts outreach to all parents and family mem- bers and implements programs, activities, and procedures for the involvement of parents and family members in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. (2) Written policy Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents and family members of participating children a written parent and family engagement pol- icy. The policy shall be incorporated into the local educational agency’s plan developed under section 6312 of this title, establish the agency’s expectations and objectives for mean- ingful parent and family involvement, and de- scribe how the agency will— (A) involve parents and family members in jointly developing the local educational agency plan under section 6312 of this title, and the development of support and im- provement plans under paragraphs (1) and (2) of section 6311(d) of this title. (B) provide the coordination, technical as- sistance, and other support necessary to as- sist and build the capacity of all partici- pating schools within the local educational agency in planning and implementing effec- tive parent and family involvement activi- ties to improve student academic achieve- ment and school performance, which may in- clude meaningful consultation with employ- ers, business leaders, and philanthropic or- ganizations, or individuals with expertise in effectively engaging parents and family members in education; (C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appro- priate, with other relevant Federal, State, and local laws and programs; (D) conduct, with the meaningful involve- ment of parents and family members, an an- nual evaluation of the content and effective- ness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying— (i) barriers to greater participation by parents in activities authorized by this section (with particular attention to par-