42 U.S.C. § 12522 — Definitions

Page 8303 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12522 1 See References in Text note below. (2) take into account program purpose and program design; (3) include criteria to evaluate the cost ef- fectiveness of programs receiving assistance under the national service laws; (4) include criteria to evaluate the adminis- tration and management of programs receiv- ing Federal assistance under the national service laws; and (5) include criteria to evaluate oversight and accountability of recipients of assistance through such programs under the national service laws. (c) Report Not later than 2 years after the development of the performance measures under subsection (a), and every 5 years thereafter, the Comp- troller General of the United States shall pre- pare and submit to the authorizing committees and the Corporation’s Board of Directors a re- port containing an assessment of each such pro- gram with respect to the performance measures developed under subsection (a). (d) Definitions In this section: (1) In general The terms ‘‘authorizing committees’’, ‘‘Cor- poration’’, and ‘‘national service laws’’ have the meanings given the terms in section 12511 of this title. (2) Program The term ‘‘program’’ means an entire pro- gram carried out by the Corporation under the national service laws, such as the entire AmeriCorps program carried out under sub- title C.1 (Pub. L. 111–13, title I, § 1712, Apr. 21, 2009, 123 Stat. 1551.) Editorial Notes REFERENCES IN TEXT Subtitle C, referred to in subsec. (d)(2), probably means subtitle C (§ 121 et seq.) of title I of Pub. L. 101–610, which is classified generally to division C (§ 12571 et seq.) of this subchapter. For complete classi- fication of subtitle C to the Code, see Tables. CODIFICATION Section was enacted as part of the Serve America Act, and not as part of the National and Community Service Act of 1990 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. Division B—School-Based and Community- Based Service-Learning Programs Editorial Notes PRIOR PROVISIONS This division is comprised of subtitle B, §§ 111–120, of title I of Pub. L. 101–610. A prior part B (§ 12521 et seq.), comprised of subtitle B, §§ 111–118, of title I of Pub. L. 101–610, related to programs for students and out-of- school youth, prior to repeal by Pub. L. 103–82, title I, § 103(a)(2), (b), Sept. 21, 1993, 107 Stat. 825, 837. PART I—PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS Editorial Notes CODIFICATION Part I of subtitle B of title I of the National and Com- munity Service Act of 1990, comprising this part, was originally added to Pub. L. 101–610, title I, subtitle B, by Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 825, and amended by Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518. Such part is shown herein, however, as having been added by Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1467, without reference to such inter- vening amendments because of the extensive revision of the part’s provisions by Pub. L. 111–13. § 12521. Purpose The purpose of this part is to promote service- learning as a strategy to— (1) support high-quality service-learning projects that engage students in meeting com- munity needs with demonstrable results, while enhancing students’ academic and civic learn- ing; and (2) support efforts to build institutional ca- pacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities. (Pub. L. 101–610, title I, § 111, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1467.) Editorial Notes PRIOR PROVISIONS A prior section 12521, Pub. L. 101–610, title I, § 111, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 825, prescribed general authority of the Corpora- tion for National and Community Service to make grants for service-learning programs, prior to the gen- eral amendment of this part by Pub. L. 111–13. Another prior section 12521, Pub. L. 101–610, title I, § 111, Nov. 16, 1990, 104 Stat. 3132; Pub. L. 102–10, § 4(2), Mar. 12, 1991, 105 Stat. 30, prescribed general authority of Commission on National and Community Service to make grants for service-learning programs, prior to re- peal by Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 825. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12522. Definitions In this part: (1) State The term ‘‘State’’ means each of the several States, the District of Columbia, and the Com- monwealth of Puerto Rico. (2) State educational agency The term ‘‘State educational agency’’ means— (A) a State educational agency (as defined in section 12511 of this title) of a State; or Page 8304 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12523 1 See References in Text note below. (B) for a State in which a State edu- cational agency described in subparagraph (A) has designated a statewide entity under section 12523(e) 1 of this title, that des- ignated statewide entity. (Pub. L. 101–610, title I, § 111A, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1467.) Editorial Notes REFERENCES IN TEXT Section 12523(e) of this title, referred to in par. (2)(B), probably should be a reference to section 12523(d) of this title, which relates to designation of a statewide entity to carry out the functions of the State edu- cational agency. Section 12523(e) relates to consulta- tion of the Corporation with the Secretary of Edu- cation. PRIOR PROVISIONS A prior section 12522, Pub. L. 101–610, title I, § 111A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 827, granted the Corporation authority to assist local applicants in nonparticipating States, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12522, Pub. L. 101–610, title I, § 112, Nov. 16, 1990, 104 Stat. 3133; Pub. L. 102–10, § 4(3), Mar. 12, 1991, 105 Stat. 30; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, related to allotments, prior to re- peal by Pub. L. 103–82, § 103(a)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12523. Assistance to States, territories, and In- dian tribes (a) Allotments to States, territories, and Indian tribes The Corporation, in consultation with the Sec- retary of Education, may make allotments to State educational agencies, territories, and In- dian tribes to pay for the Federal share of— (1) planning and building the capacity with- in the State, territory, or Indian tribe in- volved to implement service-learning pro- grams that are based principally in elemen- tary schools and secondary schools, includ- ing— (A) providing training and professional de- velopment for teachers, supervisors, per- sonnel from community-based entities (par- ticularly with regard to the recruitment, utilization, and management of partici- pants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning; (B) developing service-learning curricula, consistent with State or local academic con- tent standards, to be integrated into aca- demic programs, including curricula for an age-appropriate learning component that provides participants an opportunity to ana- lyze and apply their service experiences; (C) forming local partnerships described in paragraph (2) or (4)(D) to develop school- based service-learning programs in accord- ance with this part; (D) devising appropriate methods for re- search on and evaluation of the educational value of service-learning and the effect of service-learning activities on communities; (E) establishing effective outreach and dis- semination of information to ensure the broadest possible involvement of commu- nity-based entities with demonstrated effec- tiveness in working with school-age youth in their communities; and (F) establishing effective outreach and dis- semination of information to ensure the broadest possible participation of schools throughout the State, throughout the terri- tory, or serving the Indian tribe involved with particular attention to schools imple- menting comprehensive support and im- provement activities or targeted support and improvement activities under section 6311(d) of title 20; (2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruit- ment, training, supervision, placement, sala- ries, and benefits of service-learning coordina- tors, through distribution by State edu- cational agencies, territories, and Indian tribes of Federal funds made available under this part to projects operated by local partner- ships among— (A) local educational agencies; and (B) 1 or more community partners that— (i) shall include a public or private non- profit organization that— (I) has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs; (II) will make projects available for participants, who shall be students; and (III) was in existence at least 1 year be- fore the date on which the organization submitted an application under section 12525 of this title; and (ii) may include a private for-profit busi- ness, private elementary school or sec- ondary school, or Indian tribe (except that an Indian tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project); (3) planning of school-based service-learning programs, through distribution by State edu- cational agencies, territories, and Indian tribes of Federal funds made available under this part to local educational agencies and In- dian tribes, which planning may include pay- ing for the cost of— (A) the salaries and benefits of service- learning coordinators; or (B) the recruitment, training and profes- sional development, supervision, and place- ment of service-learning coordinators who may be participants in a program under divi- sion C or receive a national service edu- cational award under division D, who may be participants in a project under section 5001 of this title, or who may participate in a Youthbuild program under section 3226 of title 29,