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42 U.S.C. § 1862n — Mathematics and science education part-

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42 U.S.C. § 1862n — Mathematics and science education part-

Page 5097 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n (G) estimates of funding levels for grants supporting research that will be conducted using each national research facility. (3) Special rule The plan shall include cost estimates in the categories of construction, repair, and up- grades— (A) for the year in which the plan is sub- mitted to Congress; and (B) for not fewer than the succeeding 4 years. (b) Status of facilities under construction The plan required under subsection (a) shall include a status report for each uncompleted construction project included in current and previous plans. The status report shall include data on cumulative construction costs by project compared with estimated costs, and shall compare the current and original schedules for achievement of milestones for the major phases of the construction. (Pub. L. 105–207, title II, § 201, July 29, 1998, 112 Stat. 872; Pub. L. 107–368, § 14(b)(1), (2), Dec. 19, 2002, 116 Stat. 3056, 3057; Pub. L. 110–69, title VII, § 7014(b), Aug. 9, 2007, 121 Stat. 682.) Editorial Notes CODIFICATION Section was enacted as part of the National Science Foundation Authorization Act of 1998, and not as part of the National Science Foundation Act of 1950 which comprises this chapter. AMENDMENTS 2007—Subsec. (a)(2)(D). Pub. L. 110–69 inserted ‘‘and for major upgrades of facilities in support of Antarctic research programs’’ after ‘‘facilities construction ac- count’’ in introductory provisions. 2002—Subsec. (a)(1). Pub. L. 107–368, § 14(b)(1), reen- acted heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Not later than December 1, of each year, the Director shall, as part of the annual budget request, prepare and sub- mit to Congress a p

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Page 5097 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n (G) estimates of funding levels for grants supporting research that will be conducted using each national research facility. (3) Special rule The plan shall include cost estimates in the categories of construction, repair, and up- grades— (A) for the year in which the plan is sub- mitted to Congress; and (B) for not fewer than the succeeding 4 years. (b) Status of facilities under construction The plan required under subsection (a) shall include a status report for each uncompleted construction project included in current and previous plans. The status report shall include data on cumulative construction costs by project compared with estimated costs, and shall compare the current and original schedules for achievement of milestones for the major phases of the construction. (Pub. L. 105–207, title II, § 201, July 29, 1998, 112 Stat. 872; Pub. L. 107–368, § 14(b)(1), (2), Dec. 19, 2002, 116 Stat. 3056, 3057; Pub. L. 110–69, title VII, § 7014(b), Aug. 9, 2007, 121 Stat. 682.) Editorial Notes CODIFICATION Section was enacted as part of the National Science Foundation Authorization Act of 1998, and not as part of the National Science Foundation Act of 1950 which comprises this chapter. AMENDMENTS 2007—Subsec. (a)(2)(D). Pub. L. 110–69 inserted ‘‘and for major upgrades of facilities in support of Antarctic research programs’’ after ‘‘facilities construction ac- count’’ in introductory provisions. 2002—Subsec. (a)(1). Pub. L. 107–368, § 14(b)(1), reen- acted heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Not later than December 1, of each year, the Director shall, as part of the annual budget request, prepare and sub- mit to Congress a plan for the proposed construction of, and repair and upgrades to, national research facili- ties.’’ Subsec. (a)(2)(A). Pub. L. 107–368, § 14(b)(2)(A), sub- stituted ‘‘(1), including costs for instrumentation de- velopment;’’ for ‘‘(1);’’. Subsec. (a)(2)(D) to (G). Pub. L. 107–368, § 14(b)(2)(B)–(D), added subpars. (D) to (G). § 1862m. Financial disclosure Persons temporarily employed by or at the Foundation shall be subject to the same finan- cial disclosure requirements and related sanc- tions under chapter 131 of title 5 as are perma- nent employees of the Foundation in equivalent positions. (Pub. L. 105–207, title II, § 204, July 29, 1998, 112 Stat. 876; Pub. L. 117–286, § 4(c)(44), Dec. 27, 2022, 136 Stat. 4359.) Editorial Notes CODIFICATION Section was enacted as part of the National Science Foundation Authorization Act of 1998, and not as part of the National Science Foundation Act of 1950 which comprises this chapter. AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘chapter 131 of title 5’’ for ‘‘the Ethics in Government Act of 1978 (5 U.S.C. App.)’’. § 1862n. Mathematics and science education part- nerships (a) Program authorized (1) In general (A) The Director shall carry out a program to award grants to institutions of higher edu- cation or eligible nonprofit organizations (or consortia of such institutions or organiza- tions) to establish mathematics and science education partnership programs to improve el- ementary and secondary mathematics and science instruction. (B) Grants shall be awarded under this sub- section on a competitive, merit-reviewed basis. (2) Partnerships (A) In order to be eligible to receive a grant under this subsection, an institution of higher education or eligible nonprofit organization (or consortium of such institutions or organi- zations) shall enter into a partnership with one or more local educational agencies that may also include the department, college, or program of education at an institution of higher education, a State educational agency, or one or more businesses. (B) A participating institution of higher edu- cation shall include mathematics, science, or engineering departments in the programs car- ried out through a partnership under this paragraph. (3) Uses of funds Grants awarded under this subsection shall be used for activities that draw upon the ex- pertise of the partners to improve elementary or secondary education in mathematics or science and that are consistent with State mathematics and science student academic achievement standards, including— (A) recruiting and preparing students for careers in elementary or secondary mathe- matics or science education; (B) offering professional development pro- grams, including— (i) teacher institutes for the 21st cen- tury, as described in paragraph (10); and (ii) academic year institutes or work- shops that— (I) are designed to strengthen the capa- bilities of mathematics and science teachers; and (II) may include professional develop- ment activities to prepare mathematics and science teachers to teach chal- lenging mathematics, science, and tech- nology college-preparatory courses; (C) offering innovative preservice and in- service programs that instruct teachers on using technology and laboratory experiences more effectively in teaching mathematics and science, including programs that recruit and train undergraduate and graduate stu- dents to provide technical and laboratory support to teachers; Page 5098 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n 1 See References in Text note below. (D) developing distance learning programs for teachers or students, including devel- oping courses, curricular materials, and other resources for the in-service profes- sional development of teachers that are made available to teachers through the Internet; (E) developing a cadre of master teachers who will promote reform and improvement in schools; (F) offering teacher preparation and cer- tification programs for professional mathe- maticians, scientists, and engineers who wish to begin a career in teaching; (G) developing tools to evaluate activities conducted under this subsection; (H) developing or adapting elementary school and secondary school mathematics and science curricular materials that incor- porate contemporary research on the science of learning; (I) developing initiatives to increase and sustain the number, quality, and diversity of prekindergarten through grade 12 teachers of mathematics and science, including the use of induction programs, as defined in section 9813(h) 1 of title 20, for teachers in their first 2 years of teaching, especially in under- served areas; (J) using mathematicians, scientists, and engineers employed by private businesses to help recruit and train mathematics and science teachers; (K) developing science, technology, engi- neering, and mathematics educational pro- grams and materials and conducting science, technology, engineering, and mathematics enrichment programs for students, including after-school programs and summer pro- grams, with an emphasis on including and serving students described in subsection (b)(2)(G); (L) providing research opportunities in business or academia for students and teach- ers; (M) bringing mathematicians, scientists, and engineers from business and academia into elementary school and secondary school classrooms; (N) developing science, technology, engi- neering, and mathematics educational cur- riculum that incorporates art and design to promote creativity and innovation; and (O) any other activities the Director deter- mines will accomplish the goals of this sub- section. (4) Master teachers Activities carried out in accordance with paragraph (3)(E) shall— (A) emphasize the training of master teachers who will improve the instruction of mathematics or science in kindergarten through grade 12; (B) include training in both content and pedagogy; and (C) provide training only to teachers who will be granted sufficient nonclassroom time to serve as master teachers, as demonstrated by assurances their employing school has provided to the Director, in such time and such manner as the Director may require. (5) Science enrichment programs for girls Activities carried out in accordance with paragraph (3)(K) and (L) shall include elemen- tary school and secondary school programs to encourage the ongoing interest of girls in science, mathematics, engineering, and tech- nology and to prepare girls to pursue under- graduate and graduate degrees and careers in science, mathematics, engineering, or tech- nology. Funds made available through awards to partnerships for the purposes of this para- graph may support programs for— (A) encouraging girls to pursue studies in science, mathematics, engineering, and tech- nology and to major in such fields in post- secondary education; (B) tutoring girls in science, mathematics, engineering, and technology; (C) providing mentors for girls in person and through the Internet to support such girls in pursuing studies in science, mathe- matics, engineering, and technology; (D) educating the parents of girls about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, engineering, and technology, and enlisting the help of parents in over- coming these difficulties; and (E) acquainting girls with careers in science, mathematics, engineering, and tech- nology and encouraging girls to plan for ca- reers in such fields. (6) Research in secondary schools Activities carried out in accordance with paragraph (3)(K) may include support for re- search projects performed by students at sec- ondary schools. Uses of funds made available through awards to partnerships for purposes of this paragraph may include— (A) training secondary school mathe- matics and science teachers in the design of research projects for students; (B) establishing a system for students and teachers involved in research projects fund- ed under this subsection to exchange infor- mation about their projects and research re- sults; and (C) assessing the educational value of the student research projects by such means as tracking the academic performance and choice of academic majors of students con- ducting research. (7) Stipends Grants awarded under this subsection may be used to provide stipends for teachers or stu- dents participating in training or research ac- tivities that would not be part of their typical classroom activities. (8) Mentors for teachers and students of chal- lenging courses Partnerships carrying out activities to pre- pare mathematics and science teachers to teach challenging mathematics, science, and technology college-preparatory courses in ac- cordance with paragraph (3)(B) shall encour- Page 5099 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n age companies employing scientists, tech- nologists, engineers, or mathematicians to provide mentors to teachers and students and provide for the coordination of such mentoring activities. (9) Innovation Activities carried out in accordance with paragraph (3)(H) may include the development and dissemination of curriculum tools that will help foster inventiveness and innovation. (10) Teacher institutes for the 21st century (A) In general Teacher institutes for the 21st century car- ried out in accordance with paragraph (3)(B) shall— (i) be carried out in conjunction with a school served by the local educational agency in the partnership; (ii) be science, technology, engineering, and mathematics focused institutes that provide professional development to ele- mentary school and secondary school teachers; (iii) serve teachers who— (I) are considered highly qualified (as defined in section 9101 1 of the Elemen- tary and Secondary Education Act of 1965 [20 U.S.C. 7801]); (II) teach high-need subjects in science, technology, engineering, or mathematics; and (III) teach in high-need schools (as de- scribed in section 1114(a)(1)(A) 1); (iv) focus on the priorities developed by the Director in consultation with a broad group of relevant educational organiza- tions; (v) be content-based and build on school year curricula that are experiment-ori- ented, content-based, and grounded in cur- rent research; (vi) ensure that the pedagogy component is designed around specific strategies that are relevant to teaching the subject and content on which teachers are being trained, which may include training teach- ers in the essential components of reading instruction for adolescents in order to im- prove student reading skills within the subject areas of science, technology, engi- neering, and mathematics; (vii) be a multiyear program that is con- ducted for a period of not less than 2 weeks per year; (viii) provide for direct interaction be- tween participants in and faculty of the teacher institute; (ix) have a component that includes the use of the Internet; (x) provide for followup training in the classroom during the academic year for a period of not less than 3 days, which may or may not be consecutive, for partici- pants in the teacher institute, except that for teachers in rural local educational agencies, the followup training may be provided through the Internet; (xi) provide teachers participating in the teacher institute with travel expense reim- bursement and classroom materials re- lated to the teacher institute, and may in- clude providing stipends as necessary; and (xii) establish a mechanism to provide supplemental support during the academic year for teacher institute participants to apply the knowledge and skills gained at the teacher institute. (B) Optional members of the partnership In addition to the partnership requirement under paragraph (2), an institution of higher education or eligible nonprofit organization (or consortium) desiring a grant for a teach- er institute for the 21st century may also partner with a teacher organization, mu- seum, or educational partnership organiza- tion. (b) Selection process (1) Application An institution of higher education or an eli- gible nonprofit organization (or a consortium of such institutions or organizations) seeking funding under subsection (a) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum— (A) a description of the partnership and the role that each member will play in im- plementing the proposal; (B) a description of each of the activities to be carried out, including— (i) how such activities will be aligned with State mathematics and science stu- dent academic achievement standards and with other activities that promote student achievement in mathematics and science; (ii) how such activities will be based on a review of relevant research; (iii) why such activities are expected to improve student performance and strengthen the quality of mathematics and science instruction; and (iv) any activities that will encourage the interest of individuals identified in section 1885a or 1885b of this title in math- ematics, science, engineering, and tech- nology and will help prepare such individ- uals to pursue postsecondary studies in these fields; (C) a description of the number, size, and nature of any stipends that will be provided to students or teachers and the reasons such stipends are needed; (D) a description of how the partnership will serve as a catalyst for reform of mathe- matics and science education programs; (E) a description of how the partnership will assess its success; (F) a description of how the partnership will collaborate with the State educational agency to ensure that successful partnership activities may be replicated throughout the State; and (G) a description of the manner in which the partnership will be continued after as- sistance under this section ends. Page 5100 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n (2) Review of applications In evaluating the applications submitted under paragraph (1), the Director shall con- sider, at a minimum— (A) the ability of the partnership to carry out effectively the proposed programs; (B) the extent to which the members of the partnership are committed to making the partnership a central organizational focus; (C) the degree to which activities carried out by the partnership are based on relevant research and are likely to result in increased student achievement; (D) the degree to which such activities are aligned with State mathematics and science student academic achievement standards; (E) the extent to which the evaluation de- scribed in paragraph (1)(E) will be inde- pendent and based on objective measures; (F) the likelihood that the partnership will demonstrate activities that can be widely implemented as part of larger scale reform efforts; and (G) the extent to which the activities will encourage the interest of individuals identi- fied in section 1885a or 1885b of this title in mathematics, science, engineering, and tech- nology and will help prepare such individ- uals to pursue postsecondary studies in these fields. (3) Awards In awarding grants under this section, the Director shall— (A) give priority to applications in which the partnership includes a high-need local educational agency or a high-need local edu- cational agency in which at least one school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and (B) ensure that, to the extent practicable, a substantial number of the partnerships funded under this section include businesses. (c) Accountability and dissemination (1) Assessment required The Director shall evaluate the program es- tablished under subsection (a). At a minimum, such evaluation shall— (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships; and (B) to the extent practicable, compare the effectiveness of practices and materials de- veloped and demonstrated by the partner- ships authorized under this section with those of partnerships funded by other State or Federal agencies. (2) Report on evaluations Not later than 4 years after August 9, 2007, the Director shall transmit a report summa- rizing the evaluations required under sub- section (b)(1)(E) of grants received under this program and describing any changes to the program recommended as a result of these evaluations to the Committee on Science and Technology and the Committee on Education and Labor of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall be made widely available to the public. (3) Annual meeting The Director, in consultation with the Sec- retary of Education, shall convene an annual meeting of the partnerships participating under this section to foster greater national collaboration. (4) Technical assistance At the request of an eligible partnership or a State educational agency, the Director shall provide the partnership or agency with tech- nical assistance in meeting any requirements of this section, including providing advice from experts on how to develop— (A) a quality application for a grant; and (B) quality activities from funds received from a grant under this section. (d) Definitions In this section— (1) the term ‘‘mathematics and science teacher’’ means a science, technology, engi- neering, or mathematics teacher at the ele- mentary school or secondary school level; and (2) the term ‘‘science’’, in the context of ele- mentary and secondary education, includes technology and pre-engineering. (Pub. L. 107–368, § 9, Dec. 19, 2002, 116 Stat. 3044; Pub. L. 110–69, title VII, §§ 7028, 7029, Aug. 9, 2007, 121 Stat. 696, 697; Pub. L. 114–95, title IX, § 9215(ggg)(2), Dec. 10, 2015, 129 Stat. 2186; Pub. L. 114–329, title II, § 204(a)(3)(C), Jan. 6, 2017, 130 Stat. 2999; Pub. L. 117–167, div. B, title III, § 10319(a), Aug. 9, 2022, 136 Stat. 1536.) Editorial Notes REFERENCES IN TEXT Section 9813 of title 20, referred to in subsec. (a)(3)(I), was repealed by Pub. L. 114–329, title II, § 205(b), Jan. 6, 2017, 130 Stat. 3001. Section 9101 of the Elementary and Secondary Edu- cation Act of 1965, referred to in subsec. (a)(10)(A)(iii)(I), was amended by Pub. L. 114–95 and, as so amended, is now section 8101 of the Act and no longer defines ‘‘highly qualified’’. A reference in this section to ‘‘highly qualified’’, as defined in section 9101 of the Act, with respect to a teacher, means that the teacher meets applicable State certification and licen- sure requirements, including any requirements for cer- tification obtained through alternative routes to cer- tification. See section 9214(a)(2) of Pub. L. 114–95, set out as a Use of the Term ‘‘Highly Qualified’’ in Other Laws note under section 1070g–2 of Title 20, Education. Section 1114(a)(1)(A), referred to in subsec. (a)(10)(A)(iii)(III), probably means section 1114(a)(1)(A) of the Elementary and Secondary Education Act of 1965, which is classified to section 6314(a)(1)(A) of Title 20, Education. The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(3)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of sub- chapter I of chapter 70 of Title 20, Education. For com- plete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Ta- bles. Page 5101 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n CODIFICATION Section was enacted as part of the National Science Foundation Authorization Act of 2002, and not as part of the National Science Foundation Act of 1950 which comprises this chapter. AMENDMENTS 2022—Subsec. (a)(3)(N), (O). Pub. L. 117–167 added sub- par. (N) and redesignated former subpar. (N) as (O). 2017—Subsec. (c)(4), (5). Pub. L. 114–329 redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: ‘‘The Direc- tor, in consultation with the Secretary of Education, shall provide an annual report to the Committee on Science of the House of Representatives, the Com- mittee on Education and the Workforce of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate describing how the program authorized under this section has been and will be coordinated with other programs with similar purposes. The report under this paragraph shall be submitted along with the President’s annual budget request.’’ 2015—Subsec. (a)(10)(A)(iii)(III). Pub. L. 114–95, § 9215(ggg)(2)(A), which directed substitution of ‘‘(as de- scribed in section 1114(a)(1)(A))’’ for ‘‘(as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(a)(1))’’ was exe- cuted by making the substitution for ‘‘(as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965)’’ to reflect the probable intent of Congress. Subsec. (c)(4). Pub. L. 114–95, § 9215(ggg)(2)(B), sub- stituted ‘‘other programs with similar purposes’’ for ‘‘the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)’’. 2007—Subsec. (a)(2)(A). Pub. L. 110–69, § 7028(1), sub- stituted ‘‘the department, college, or program of edu- cation at an institution of higher education, a State educational agency,’’ for ‘‘a State educational agency’’. Subsec. (a)(3)(B). Pub. L. 110–69, § 7028(2), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘offering professional development pro- grams, including summer or academic year institutes or workshops, designed to strengthen the capabilities of mathematics and science teachers;’’. Subsec. (a)(3)(C). Pub. L. 110–69, § 7028(3), inserted ‘‘and laboratory experiences’’ after ‘‘technology’’ and ‘‘and laboratory’’ after ‘‘provide technical’’. Subsec. (a)(3)(I). Pub. L. 110–69, § 7028(4), inserted ‘‘in- cluding the use of induction programs, as defined in section 9813(h) of title 20, for teachers in their first 2 years of teaching,’’ after ‘‘and science,’’. Subsec. (a)(3)(K). Pub. L. 110–69, § 7028(5), added sub- par. (K) and struck out former subpar. (K) which read as follows: ‘‘developing and offering mathematics or science enrichment programs for students, including after-school and summer programs;’’. Subsec. (a)(8), (9). Pub. L. 110–69, § 7028(6), added pars. (8) and (9). Subsec. (a)(10). Pub. L. 110–69, § 7029, added par. (10). Subsec. (b)(2)(E) to (G). Pub. L. 110–69, § 7028(7), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. Subsec. (c)(2). Pub. L. 110–69, § 7028(8), added par. (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘(A) The results of the evaluation required under paragraph (1) shall be made available to the public and shall be provided to the Committee on Science of the House of Representatives, the Committee on Com- merce, Science, and Transportation of the Senate, and the Committee on Health, Education, Labor, and Pen- sions of the Senate. ‘‘(B) Materials developed under the program estab- lished under subsection (a) of this section that are dem- onstrated to be effective shall be made widely available to the public.’’ Subsec. (d). Pub. L. 110–69, § 7028(9), added subsec. (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. 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. FINDINGS Pub. L. 107–368, § 2, Dec. 19, 2002, 116 Stat. 3034, pro- vided that: ‘‘Congress finds the following: ‘‘(1) The National Science Foundation has made major contributions for more than 50 years to strengthen and sustain the Nation’s academic re- search enterprise that is the envy of the world. ‘‘(2) The economic strength and national security of the United States and the quality of life of all Ameri- cans are grounded in the Nation’s scientific and tech- nological capabilities. ‘‘(3) The National Science Foundation carries out important functions in supporting basic research in all science and engineering disciplines and in sup- porting science, mathematics, engineering, and tech- nology education at all levels. ‘‘(4) The research and education activities of the National Science Foundation promote the discovery, integration, dissemination, and application of new knowledge in service to society and prepare future generations of scientists, mathematicians, and engi- neers who will be necessary to ensure America’s lead- ership in the global marketplace. ‘‘(5) The National Science Foundation must be pro- vided with sufficient resources to enable it to carry out its responsibilities to develop intellectual cap- ital, strengthen the scientific infrastructure, inte- grate research and education, enhance the delivery of mathematics and science education in the United States, and improve the technological literacy of all people in the United States. ‘‘(6) The emerging global economic, scientific, and technical environment challenges long-standing as- sumptions about domestic and international policy, requiring the National Science Foundation to play a more proactive role in sustaining the competitive ad- vantage of the United States through superior re- search capabilities. ‘‘(7) Commercial application of the results of Fed- eral investment in basic and computing science is consistent with longstanding United States tech- nology transfer policy and is a critical national pri- ority, particularly with regard to cybersecurity and other homeland security applications, because of the urgent needs of commercial, academic, and individual users as well as the Federal and State Governments.’’ REPORT ON FOUNDATION BUDGETARY AND PROGRAMMATIC EXPANSION Pub. L. 107–368, § 22, Dec. 19, 2002, 116 Stat. 3065, pro- vided for a National Science Board report to address and examine specified issues concerning the National Science Foundation’s budgetary and programmatic Page 5102 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1862n–1 growth provided for by Pub. L. 107–368 and to be sub- mitted to certain Congressional committees within one year after Dec. 19, 2002. DEFINITIONS Pub. L. 107–368, § 4, Dec. 19, 2002, 116 Stat. 3035, as amended by Pub. L. 114–95, title IX, § 9215(ggg)(1), Dec. 10, 2015, 129 Stat. 2186, provided that: ‘‘In this Act [see Short Title of 2002 Amendment note set out under sec- tion 1861 of this title]: ‘‘(1) ACADEMIC UNIT.—The term ‘academic unit’ means a department, division, institute, school, col- lege, or other subcomponent of an institution of high- er education. ‘‘(2) BOARD.—The term ‘Board’ means the National Science Board established under section 2 of the Na- tional Science Foundation Act of 1950 (42 U.S.C. 1861). ‘‘(3) COMMUNITY COLLEGE.—The term ‘community college’ means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001] that provides not less than a 2- year degree that is acceptable for full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the Tribally Controlled College or University Assistance Act of 1978 [probably means Pub. L. 95–471, 25 U.S.C. 1801 et seq.]. ‘‘(4) DIRECTOR.—The term ‘Director’ means the Di- rector of the National Science Foundation estab- lished under section 2 of the National Science Foun- dation Act of 1950 (42 U.S.C. 1861). ‘‘(5) ELEMENTARY SCHOOL.—The term ‘elementary school’ has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]. ‘‘(6) ELIGIBLE NONPROFIT ORGANIZATION.—The term ‘eligible nonprofit organization’ means a nonprofit research institute, or a nonprofit professional asso- ciation, with demonstrated experience and effective- ness in mathematics or science education as deter- mined by the Director. ‘‘(7) FOUNDATION.—The term ‘Foundation’ means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). ‘‘(8) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ means a local educational agency that meets one or more of the following criteria: ‘‘(A) It has at least one school in which 50 percent or more of the enrolled students are eligible for par- ticipation in the free and reduced price lunch pro- gram established by the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1751 et seq.). ‘‘(B) It has at least one school in which— ‘‘(i) more than 34 percent of the academic class- room teachers at the secondary level (across all academic subjects) do not have an undergraduate degree with a major or minor in, or a graduate de- gree in, the academic field in which they teach the largest percentage of their classes; or ‘‘(ii) more than 34 percent of the teachers in two of the academic departments do not have an un- dergraduate degree with a major or minor in, or a graduate degree in, the academic field in which they teach the largest percentage of their classes. ‘‘(C) It has at least one school whose teacher at- trition rate has been 15 percent or more over the last three school years. ‘‘(9) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given such term in section 101(a) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001(a)). ‘‘(10) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ has the meaning given such term by section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]. ‘‘(11) MASTER TEACHER.—The term ‘master teacher’ means a mathematics or science teacher who works to improve the instruction of mathematics or science in kindergarten through grade 12 through— ‘‘(A) participating in the development or revision of science, mathematics, engineering, or tech- nology curricula; ‘‘(B) serving as a mentor to mathematics or science teachers; ‘‘(C) coordinating and assisting teachers in the use of hands-on inquiry materials, equipment, and supplies, and when appropriate, supervising acquisi- tion and repair of such materials; ‘‘(D) providing in-classroom teaching assistance to mathematics or science teachers; and ‘‘(E) providing professional development, includ- ing for the purposes of training other master teach- ers, to mathematics and science teachers. ‘‘(12) NATIONAL RESEARCH FACILITY.—The term ‘na- tional research facility’ means a research facility funded by the Foundation which is available, subject to appropriate policies allocating access, for use by all scientists and engineers affiliated with research institutions located in the United States. ‘‘(13) SECONDARY SCHOOL.—The term ‘secondary school’ has the meaning given that term by section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]. ‘‘(14) STATE.—Except with respect to the Experi- mental Program to Stimulate Competitive Research, the term ‘State’ means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. ‘‘(15) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ has the meaning given such term by section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]. ‘‘(16) UNITED STATES.—The term ‘United States’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other terri- tory or possession of the United States.’’ § 1862n–1. Robert Noyce Teacher Scholarship Program (a) Scholarship program (1) In general The Director shall carry out a program to award grants to eligible entities to recruit and train mathematics and science teachers and to provide scholarships and stipends to individ- uals participating in the program. Such pro- gram shall be known as the ‘‘Robert Noyce Teacher Scholarship Program’’. (2) Merit review Grants shall be provided under this section on a competitive, merit-reviewed basis. (3) Use of grants A grant provided under this section shall be used by the eligible entity— (A) to develop and implement a program to recruit and prepare undergraduate students majoring in science, technology, engineer- ing, and mathematics at the eligible entity (and participating institutions of higher education of the consortium, if applicable) to become qualified as mathematics and science teachers, through— (i) administering scholarships in accord- ance with subsection (c); (ii) offering academic courses and early clinical teaching experiences designed to prepare students participating in the pro-

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

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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20 U.S.C. § 1001 — General definition of institution of higher

Page 185 TITLE 20—EDUCATION § 1001 PART A—DEFINITIONS § 1001. General definition of institution of higher education (a) Institution of higher education For purposes of this chapter, other than sub- chapter IV, the term ‘‘institution of higher edu- cation’’ means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title; (2) is legally authorized within such State to provide a program of education beyond sec- ondary education; (3) provides an educational program for which the institution awards a bachelor’s de- gree or provides not less than a 2-year pro- gram that is acceptable for full credit toward such a degree, or awards a degree that is ac- ceptable for admission to a graduate or profes- sional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assur- ance that the institution will meet the accred- itation standards of such an agency or associa- tion within a reasonable time. (b) Additional institutions included For purposes of this chapter, other than sub- chapter IV, the term ‘‘institution of higher edu- cation’’ also includes— (1) any school that provides not less than a 1-year program of tr

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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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20 U.S.C. § 6311 — State plans

Page 1329 TITLE 20—EDUCATION § 6311 1 So in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’. tion, ensure sufficient availability of seats in the public schools the local educational agen- cy will make available for public school choice options; (4) prioritize services to students who are lowest-achieving; (5) select providers of direct student serv- ices, which may include one or more of— (A) the local educational agency or other local educational agencies; (B) community colleges or other institu- tions of higher education; (C) non-public entities; (D) community-based organizations; or (E) in the case of high-quality academic tutoring, a variety of providers of such tu- toring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2); (6) monitor the provision of direct student services; and (7) publicly report the results of direct stu- dent service providers in improving relevant student outcomes in a manner that is acces- sible to parents. (e) Providers and schools A State educational agency that reserves an amount under subsection (a) shall— (1) ensure that each local educational agen- cy that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a suffi- cient number of options to provide a meaning- ful choice for parents; (2) compile and maintain an updated list of State-approved high-quality academic tutor- ing providers that— (A) is developed using a fair negotiation and rigorous selection and approval process; (B) provides parents with meaningful choices; (C) offers a range of tutoring models, in- cluding online and on campus; and (D) includes only providers that— (i) have a demonstrated re

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

20 U.S.C. § 6314 — Whole-school reform strategy

Funds available for school improvement grants for fiscal year 2014 and thereafter may be used by a local educational agency to implement a whole-school reform strategy for a school using an evidence-based strategy that ensures whole-school reform is undertaken in partnership with a strategy developer offering a whole-school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including at least one well-designed and well-implemented experimental or quasi-experimental study.

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20 U.S.C. § 6314 — Schoolwide programs

Page 1354 TITLE 20—EDUCATION § 6314 port and improvement activities under section 6311(d) of this title for the purpose of attract- ing and retaining qualified and effective teachers. (5) Early childhood education A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children. (Pub. L. 89–10, title I, § 1113, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1469; amended Pub. L. 114–95, title I, § 1007, Dec. 10, 2015, 129 Stat. 1859.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (a)(5)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Social Security Act, referred to in subsec. (a)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 6313, Pub. L. 89–10, title I, § 1113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3532; amended Pub. L. 104–193, title I, § 110(j)(1), Aug. 22, 1996, 110 Stat. 2172; Pub. L. 106–78, title VII, § 752(b)(10), Oct. 22, 1999, 113 Stat. 1169, related to eligible school at- tendance areas, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a)(3). Pub. L. 114–95, § 1007(1)(A)

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

20 U.S.C. § 6601 — Recognition program established

**(a) In general** The Secretary of Education shall establish a national recognition program to be known as the “Recognizing Inspiring School Employees Award Program” or the “award program”. The purpose of the award program shall be to recognize and promote the commitment and excellence exhibited by classified school employees who provide exemplary service to students in prekindergarten through high school. **(b) Award** (1) **In general** — Prior to May 31 of each year (beginning with the second calendar year that begins after April 12, 2019), the Secretary shall select a classified school employee to receive the Recognizing Inspiring School Employees Award for the year. (2) **Non-monetary value** — The award and recognition provided under this subpart shall have no monetary value. **(c) Selection process** (1) **Nomination process** (A) *In general* — Not later than November 1 of each year (beginning with the first calendar year that begins after April 12, 2019), the Secretary shall solicit nominations of classified school employees from the occupational specialties described in [section 6682(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6682/1&num=0&edition=prelim) from the Governor of each State. (B) *Nomination submissions* — In order for individuals in a State to be eligible to receive recognition under this section, the Governor of the State shall consider nominations submitted by the following: (i) Local educational agencies. (ii) School administrators. (iii) Professional associations. (iv) Labor organizations. (v) Educational service agencies. (vi) Nonprofit entities. (vii) Parents and students. (viii) Any other group determined appropriate by the Secretary. (2)

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

20 U.S.C. § 6601 — Purpose

Page 1418 TITLE 20—EDUCATION § 6601 § 6601. Purpose The purpose of this subchapter is to provide grants to State educational agencies and sub- grants to local educational agencies to— (1) increase student achievement consistent with the challenging State academic stand- ards; (2) improve the quality and effectiveness of teachers, principals, and other school leaders; (3) increase the number of teachers, prin- cipals, and other school leaders who are effec- tive in improving student academic achieve- ment in schools; and (4) provide low-income and minority stu- dents greater access to effective teachers, principals, and other school leaders. (Pub. L. 89–10, title II, § 2001, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1914.) Editorial Notes PRIOR PROVISIONS A prior section 6601, Pub. L. 89–10, title II, § 2101, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620, set forth purpose of part A of former sub- chapter II of this chapter, prior to repeal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to cer- tain noncompetitive programs and competitive pro- grams. Another prior section 6601, Pub. L. 89–10, title II, § 2001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3612, set forth findings, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 2001 of Pub. L. 89–10 was classified to section 2981 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–9

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

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for 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), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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20 U.S.C. § 7801 — Definitions

Page 1615 TITLE 20—EDUCATION § 7801 under this subchapter for fiscal year 2002, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title. SUBCHAPTER VIII—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, redesignated subchapter IX (§ 7801 et seq.) of this chapter as this subchapter. Title VIII of the Elementary and Secondary Edu- cation Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, redesig- nated, and amended by other public laws. Title VIII is shown, herein, as having been added as title IX of Pub. L. 89–10 by Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1956, without reference to earlier amendments be- cause of the extensive revision of the title’s provisions by Pub. L. 107–110. Title IX of Pub. L. 89–10 was subse- quently redesignated title VIII by Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, and trans- ferred to this subchapter. See Codification note pre- ceding section 6301 of this title. PRIOR PROVISIONS A prior title VIII of the Elementary and Secondary Education Act of 1965, comprising former subchapter VIII (§ 7701 et seq.) of this chapter, was redesignated title VII of the Act by Pub. L. 114–95, title VII, § 7001(c), Dec. 10, 2015, 129 Stat. 2074, and transferred to sub- chapter VII (§ 7701 et seq.) of this chapter. PART A—DEFINITIONS § 7801. Definitions Except as otherwise provided, in this chapter: (1) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term ‘‘average daily attendance’’ means— (i) the aggregate number of days

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