20 U.S.C. § 6612 — Subgrants to local educational agencies

Page 1424 TITLE 20—EDUCATION § 6612 sionals (including organizations rep- resenting such individuals), specialized in- structional support personnel, charter school leaders (in a State that has charter schools), parents, community partners, and other organizations or partners with rel- evant and demonstrated expertise in pro- grams and activities designed to meet the purpose of this subchapter; (B) seek advice from the individuals, orga- nizations, or partners described in subpara- graph (A) regarding how best to improve the State’s activities to meet the purpose of this subchapter; and (C) coordinate the State’s activities under this part with other related strategies, pro- grams, and activities being conducted in the State. (4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section. (e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to man- date, direct, or control any of the following: (1) The development, improvement, or im- plementation of elements of any teacher, prin- cipal, or other school leader evaluation sys- tem. (2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. (3) Any teacher, principal, or other school leader professional standards, certification, or licensing. (Pub. L. 89–10, title II, § 2101, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1917; amended Pub. L. 116–260, div. H, title III, § 315, Dec. 27, 2020, 134 Stat. 1610.) Editorial Notes REFERENCES IN TEXT Section 2202(b) of this Act (as in effect on the day be- fore January 8, 2002), referred to in subsec. (b)(1)(A)(i), is section 2202(b) of Pub. L. 89–10, as added by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, which was classified to section 6642(b) of this title prior to the general amendment of this subchapter by Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620. Section 306 of the Department of Education Appro- priations Act, 2001, referred to in subsec. (b)(1)(A)(ii), is section 1(a)(1) [title III, § 306] of Pub. L. 106–554, Nov. 29, 1999, 114 Stat. 2763, 2763A–41, which is not classified to the Code. PRIOR PROVISIONS A prior section 6611, Pub. L. 89–10, title II, § 2111, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1621, related to allotments to States, prior to re- peal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and com- petitive programs. A prior section 2101 of Pub. L. 89–10 was classified to section 6601 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2101 of Pub. L. 89–10 was classi- fied to section 6621 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2101 of Pub. L. 89–10 was classi- fied to section 3001 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2020—Subsec. (b)(2)(A)(iv). Pub. L. 116–260, § 315(1), in introductory provisions, inserted ‘‘through fiscal year 2022’’ after ‘‘for fiscal year 2020’’. Subsec. (b)(3). Pub. L. 116–260, § 315(2), substituted ‘‘2023’’ for ‘‘2021’’ in heading and text of introductory provisions. 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. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6612. Subgrants to local educational agencies (a) Allocation of funds to local educational agen- cies (1) In general From funds reserved by a State under sec- tion 6611(c)(1) of this title for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations de- scribed in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same rela- tionship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individ- uals in the geographic areas served by all el- igible local educational agencies in the State, as so determined; and (B) an amount that bears the same rela- tionship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most re- cent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. (3) Rule of construction Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code of 41, 42, or 43 that work in cooperation with an edu- cational service agency, from voluntarily com- bining allocations received under this part for the collective use of funding by the consor- tium for activities under this section. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall Page 1425 TITLE 20—EDUCATION § 6613 submit an application to the State edu- cational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall include the following: (A) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with challenging State aca- demic standards. (B) A description of the local educational agency’s systems of professional growth and improvement, such as induction for teach- ers, principals, or other school leaders and opportunities for building the capacity of teachers and opportunities to develop mean- ingful teacher leadership. (C) A description of how the local edu- cational agency will prioritize funds to schools served by the agency that are imple- menting comprehensive support and im- provement activities and targeted support and improvement activities under section 6311(d) of this title and have the highest per- centage of children counted under section 6333(c) of this title. (D) A description of how the local edu- cational agency will use data and ongoing consultation described in paragraph (3) to continually update and improve activities supported under this part. (E) An assurance that the local edu- cational agency will comply with section 7881 of this title (regarding participation by private school children and teachers). (F) An assurance that the local edu- cational agency will coordinate professional development activities authorized under this part with professional development activi- ties provided through other Federal, State, and local programs. (3) Consultation In developing the application described in paragraph (2), a local educational agency shall— (A) meaningfully consult with teachers, principals, other school leaders, paraprofes- sionals (including organizations rep- resenting such individuals), specialized in- structional support personnel, charter school leaders (in a local educational agency that has charter schools), parents, commu- nity partners, and other organizations or partners with relevant and demonstrated ex- pertise in programs and activities designed to meet the purpose of this subchapter; (B) seek advice from the individuals and organizations described in subparagraph (A) regarding how best to improve the local edu- cational agency’s activities to meet the pur- pose of this subchapter; and (C) coordinate the local educational agen- cy’s activities under this part with other re- lated strategies, programs, and activities being conducted in the community. (4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section. (Pub. L. 89–10, title II, § 2102, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1925.) Editorial Notes PRIOR PROVISIONS A prior section 6612, Pub. L. 89–10, title II, § 2112, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1623, related to State applications, 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 re- spect to certain noncompetitive programs and competi- tive programs. A prior section 2102 of Pub. L. 89–10 was classified to section 6602 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2102 of Pub. L. 89–10 was classi- fied to section 6622 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2102 of Pub. L. 89–10 was classi- fied to section 3002 of this title, prior to the general amendment 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. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6613. Local uses of funds (a) In general A local educational agency that receives a subgrant under section 6612 of this title shall use the funds made available through the subgrant to develop, implement, and evaluate comprehen- sive programs and activities described in sub- section (b), which may be carried out— (1) through a grant or contract with a for- profit or nonprofit entity; or (2) in partnership with an institution of higher education or an Indian tribe or tribal organization (as such terms are defined under section 5304 of title 25). (b) Types of activities The programs and activities described in this subsection— (1) shall be in accordance with the purpose of this subchapter; (2) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented stu- dents; and (3) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, or other school leaders that— (i) is based in part on evidence of student achievement, which may include student growth; and (ii) shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders; (B) developing and implementing initia- tives to assist in recruiting, hiring, and re- taining effective teachers, particularly in low-income schools with high percentages of