20 U.S.C. § 6471 — Program evaluations

Page 1409 TITLE 20—EDUCATION § 6471 1 So in original. 3599; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(18)(D), (f)(13)(D)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, 2681–431, related to program requirements for correctional facilities receiving funds, prior to the gen- eral amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Par. (4). Pub. L. 114–95, § 1401(12)(A), inserted ‘‘and attain a regular high school diploma’’ after ‘‘reen- ter school’’ and substituted ‘‘seek a regular high school diploma’’ for ‘‘seek a secondary school diploma’’. Par. (6). Pub. L. 114–95, § 1401(12)(B), substituted ‘‘the challenging State academic standards’’ for ‘‘high aca- demic achievement standards’’. Par. (9). Pub. L. 114–95, § 1401(12)(C), substituted ‘‘ca- reer’’ for ‘‘vocational’’. Pars. (12), (13). Pub. L. 114–95, § 1401(12)(D)–(F), added pars. (12) and (13). 2014—Par. (9). Pub. L. 113–128 substituted ‘‘coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of the Workforce Innova- tion and Opportunity Act,’’ for ‘‘coordinate funds re- ceived under this subpart with other local, State, and Federal funds available to provide services to partici- pating children and youth, such as funds made avail- able under title I of Public Law 105–220,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (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. § 6456. Accountability The State educational agency may— (1) reduce or terminate funding for projects under this subpart if a local educational agen- cy does not show progress in the number of children and youth attaining a regular high school diploma or its recognized equivalent; and (2) require correctional facilities or institu- tions for neglected or delinquent children and youth to demonstrate, after receiving assist- ance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, attaining a reg- ular high school diploma or its recognized equivalent, or attaining employment after such children and youth are released. (Pub. L. 89–10, title I, § 1426, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1590; amended Pub. L. 114–95, title I, § 1401(13), Dec. 10, 2015, 129 Stat. 1905.) Editorial Notes PRIOR PROVISIONS A prior section 6456, Pub. L. 89–10, title I, § 1426, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3600, related to accountability, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Par. (1). Pub. L. 114–95, § 1401(13)(A), substituted ‘‘the number of children and youth attaining a regular high school diploma or its recognized equivalent’’ for ‘‘reducing dropout rates for male students and for fe- male students over a 3-year period’’. Par. (2). Pub. L. 114–95, § 1401(13)(B), substituted ‘‘at- taining a regular high school diploma’’ for ‘‘obtaining a secondary school diploma’’ and ‘‘attaining employ- ment’’ for ‘‘obtaining employment’’. 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. SUBPART 3—GENERAL PROVISIONS § 6471. Program evaluations (a) Scope of evaluation Each State agency or local educational agency that conducts a program under subpart 1 or 2 of this part shall evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age while protecting indi- vidual student privacy,,1 not less than once every 3 years, to determine the program’s im- pact on the ability of participants— (1) to maintain and improve educational achievement and to graduate from high school in the number of years established by the State under either the four-year adjusted co- hort graduation rate or the extended-year ad- justed cohort graduation rate, if applicable; (2) to accrue school credits that meet State requirements for grade promotion and high school graduation; (3) to make the transition to a regular pro- gram or other education program operated by a local educational agency or school operated or funded by the Bureau of Indian Education; (4) to complete high school (or high school equivalency requirements) and obtain employ- ment after leaving the correctional facility or institution for neglected or delinquent chil- dren and youth; and (5) as appropriate, to participate in postsec- ondary education and job training programs. (b) Exception The disaggregation required under subsection (a) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable in- formation about an individual student. (c) Evaluation measures In conducting each evaluation under sub- section (a), a State agency or local educational agency shall use multiple and appropriate meas- ures of student progress. (d) Evaluation results Each State agency and local educational agen- cy shall— (1) submit evaluation results to the State educational agency and the Secretary; and (2) use the results of evaluations under this section to plan and improve subsequent pro- grams for participating children and youth. Page 1410 TITLE 20—EDUCATION § 6472 (Pub. L. 89–10, title I, § 1431, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1591; amended Pub. L. 114–95, title I, § 1401(14), Dec. 10, 2015, 129 Stat. 1905.) Editorial Notes PRIOR PROVISIONS A prior section 6471, Pub. L. 89–10, title I, § 1431, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3600, related to program evaluations, prior to the gen- eral amendment of this subchapter by Pub. L. 107–110. A prior section 1431 of Pub. L. 89–10 was classified to section 2831 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1401(14)(A), (B), in- serted ‘‘while protecting individual student privacy,’’ after ‘‘age’’ in introductory provisions and substituted ‘‘high school’’ for ‘‘secondary school’’ wherever appear- ing. Subsec. (a)(1). Pub. L. 114–95, § 1401(14)(C), inserted ‘‘and to graduate from high school in the number of years established by the State under either the four- year adjusted cohort graduation rate or the extended- year adjusted cohort graduation rate, if applicable’’ after ‘‘educational achievement’’. Subsec. (a)(3). Pub. L. 114–95, § 1401(14)(D), inserted ‘‘or school operated or funded by the Bureau of Indian Education’’ after ‘‘local educational agency’’. 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. § 6472. Definitions In this part: (1) Adult correctional institution The term ‘‘adult correctional institution’’ means a facility in which persons (including persons under 21 years of age) are confined as a result of a conviction for a criminal offense. (2) At-risk The term ‘‘at-risk’’, when used with respect to a child, youth, or student, means a school aged individual who is at-risk of academic failure, dependency adjudication, or delin- quency adjudication, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system or child welfare system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school. (3) Community day program The term ‘‘community day program’’ means a regular program of instruction provided by a State agency at a community day school oper- ated specifically for neglected or delinquent children and youth. (4) Institution for neglected or delinquent chil- dren and youth The term ‘‘institution for neglected or delin- quent children and youth’’ means— (A) a public or private residential facility, other than a foster home, that is operated for the care of children who have been com- mitted to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or (B) a public or private residential facility for the care of children who have been adju- dicated to be delinquent or in need of super- vision. (Pub. L. 89–10, title I, § 1432, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1591; amended Pub. L. 114–95, title I, § 1401(15), Dec. 10, 2015, 129 Stat. 1905.) Editorial Notes PRIOR PROVISIONS A prior section 6472, Pub. L. 89–10, title I, § 1432, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3601, defined terms for this part, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1432 of Pub. L. 89–10 was classified to section 2832 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Par. (2). Pub. L. 114–95 inserted ‘‘dependency ad- judication, or delinquency adjudication,’’ after ‘‘fail- ure,’’, inserted ‘‘or child welfare system’’ after ‘‘juve- nile justice system’’, and substituted ‘‘is an English learner’’ for ‘‘has limited English proficiency’’. 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. PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING Editorial Notes PRIOR PROVISIONS A prior part E, consisting of sections 6491 to 6494, re- lated to national assessment of subchapter I, prior to repeal by Pub. L. 114–95, title I, § 1501(a)(1), Dec. 10, 2015, 129 Stat. 1905. § 6491. Flexibility for equitable per-pupil funding (a) Purpose The purpose of the program under this section is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-in- come and otherwise disadvantaged students. (b) Authority (1) In general The Secretary is authorized to enter into local flexibility demonstration agreements— (A) for not more than 3 years with local educational agencies that are selected under subsection (c) and submit proposed agree- ments that meet the requirements of sub- section (d); and