20 U.S.C. § 7231 — Findings and purpose

Page 1500 TITLE 20—EDUCATION § 7231 Section 7223h, Pub. L. 89–10, title V, § 5229, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803, related to recovery of funds. Section 7223i, Pub. L. 89–10, title V, § 5230, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803, defined terms for the former subpart. Section 7223j, Pub. L. 89–10, title V, § 5231, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803, authorized appropriations for fiscal years 2002 and 2003. Section 7225, Pub. L. 89–10, title V, § 5241, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803, authorized grants to carry out subpart 3 of part B of former subchapter V of this chapter, related to vol- untary public school choice programs. Section 7225a, Pub. L. 89–10, title V, § 5242, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804, related to uses of funds. Section 7225b, Pub. L. 89–10, title V, § 5243, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804, related to applications for grants. Section 7225c, Pub. L. 89–10, title V, § 5244, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804, related to priorities in awarding grants. Section 7225d, Pub. L. 89–10, title V, § 5245, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805, related to requirements and voluntary participation. Section 7225e, Pub. L. 89–10, title V, § 5246, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805, related to evaluations. Section 7225f, Pub. L. 89–10, title V, § 5247, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805, defined terms for the former subpart. Section 7225g, Pub. L. 89–10, title V, § 5248, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1806, authorized appropriations for fiscal year 2002 and the 5 succeeding fiscal years. 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. PART D—MAGNET SCHOOLS ASSISTANCE Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(b)(3)(A)–(C), Dec. 10, 2015, 129 Stat. 1967, redesignated part C (§ 7231 et seq.) of subchapter V of this chapter as part D of this sub- chapter. § 7231. Findings and purpose (a) Findings Congress makes the following findings: (1) Magnet schools are a significant part of the Nation’s effort to achieve voluntary deseg- regation in our Nation’s schools. (2) The use of magnet schools has increased dramatically since the inception of the mag- net schools assistance program under this chapter, with approximately 2,500,000 students nationwide attending such schools, of whom more than 69 percent are non-white. (3) Magnet schools offer a wide range of dis- tinctive programs that have served as models for school improvement efforts. (4) It is in the best interests of the United States— (A) to continue the Federal Government’s support of local educational agencies that are implementing court-ordered desegrega- tion plans and local educational agencies that are voluntarily seeking to foster mean- ingful interaction among students of dif- ferent racial and ethnic backgrounds, begin- ning at the earliest stage of such students’ education; (B) to ensure that all students have equi- table access to a high quality education that will prepare all students to function well in a technologically oriented and a highly com- petitive economy comprised of people from many different racial and ethnic back- grounds; and (C) to continue to desegregate and diver- sify schools by supporting magnet schools, recognizing that segregation exists between minority and nonminority students as well as among students of different minority groups. (5) Desegregation efforts through magnet school programs are a significant part of our Nation’s effort to achieve voluntary desegre- gation in schools and help to ensure equal edu- cational opportunities for all students. (b) Purpose The purpose of this part is to assist in the de- segregation of schools served by local edu- cational agencies by providing financial assist- ance to eligible local educational agencies for— (1) the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substan- tial proportions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegrega- tion in public schools; (2) the development, implementation, and expansion of magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet challenging State academic standards; (3) the development, design, and expansion of innovative educational methods and prac- tices that promote diversity and increase choices in public elementary schools and pub- lic secondary schools and public educational programs; (4) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the at- tainment of tangible and marketable career, technological, and professional skills of stu- dents attending such schools; (5) improving the capacity of local edu- cational agencies, including through profes- sional development, to continue operating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and (6) ensuring that all students enrolled in the magnet school programs have equitable access to high quality education that will enable the students to succeed academically and continue with postsecondary education or employment. (Pub. L. 89–10, title IV, § 4401, formerly title V, § 5301, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1806; renumbered title IV, § 4401, and amended Pub. L. 114–95, title IV, Page 1501 TITLE 20—EDUCATION § 7231d §§ 4001(b)(3)(A), (B), (D)(i), 4401(1), Dec. 10, 2015, 129 Stat. 1967, 2014.) Editorial Notes PRIOR PROVISIONS A prior section 7231, Pub. L. 89–10, title V, § 5201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3695, set forth short title and findings for the Women’s Educational Equity Act of 1994, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110. A prior section 4401 of Pub. L. 89–10 was classified to section 3121 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–95, § 4401(1)(A), sub- stituted ‘‘2,500,000’’ for ‘‘2,000,000’’ and ‘‘69’’ for ‘‘65’’. Subsec. (b)(2). Pub. L. 114–95, § 4401(1)(B)(i), sub- stituted ‘‘, implementation, and expansion’’ for ‘‘and implementation’’ and ‘‘standards’’ for ‘‘content stand- ards and student academic achievement standards’’. Subsec. (b)(3). Pub. L. 114–95, § 4401(1)(B)(ii), sub- stituted ‘‘, design, and expansion’’ for ‘‘and design’’. Subsec. (b)(4). Pub. L. 114–95, § 4401(1)(B)(iii), sub- stituted ‘‘career’’ for ‘‘vocational’’. Subsec. (b)(6). Pub. L. 114–95, § 4401(1)(B)(iv), struck out ‘‘productive’’ before ‘‘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. § 7231a. Definition For the purpose of this part, the term ‘‘mag- net school’’ means a public elementary school, public secondary school, public elementary edu- cation center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. (Pub. L. 89–10, title IV, § 4402, formerly title V, § 5302, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1807; renumbered title IV, § 4402, Pub. L. 114–95, title IV, § 4001(b)(3)(A), (B), (D)(i), Dec. 10, 2015, 129 Stat. 1967.) Editorial Notes PRIOR PROVISIONS A prior section 4402 of Pub. L. 89–10 was classified to section 3122 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. § 7231b. Program authorized The Secretary, in accordance with this part, is authorized to award grants to eligible local edu- cational agencies, and consortia of such agen- cies where appropriate, to carry out the purpose of this part for magnet schools that are— (1) part of an approved desegregation plan; and (2) designed to bring students from different social, economic, ethnic, and racial back- grounds together. (Pub. L. 89–10, title IV, § 4403, formerly title V, § 5303, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1807; renumbered title IV, § 4403, Pub. L. 114–95, title IV, § 4001(b)(3)(A), (B), (D)(i), Dec. 10, 2015, 129 Stat. 1967.) Editorial Notes PRIOR PROVISIONS A prior section 4403 of Pub. L. 89–10 was classified to section 3123 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. § 7231c. Eligibility A local educational agency, or consortium of such agencies where appropriate, is eligible to receive a grant under this part to carry out the purpose of this part if such agency or consor- tium— (1) is implementing a plan undertaken pur- suant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent ju- risdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or (2) without having been required to do so, has adopted and is implementing, or will, if a grant is awarded to such local educational agency, or consortium of such agencies, under this part, adopt and implement a plan that has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] for the desegregation of minority-group-segregated children or fac- ulty in such schools. (Pub. L. 89–10, title IV, § 4404, formerly title V, § 5304, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1807; renumbered title IV, § 4404, Pub. L. 114–95, title IV, § 4001(b)(3)(A), (B), (D)(i), Dec. 10, 2015, 129 Stat. 1967.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. PRIOR PROVISIONS A prior section 4404 of Pub. L. 89–10 was classified to section 3124 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. § 7231d. Applications and requirements (a) Applications An eligible local educational agency, or con- sortium of such agencies, desiring to receive a grant under this part shall submit an applica- tion to the Secretary at such time, in such man- ner, and containing such information and assur- ances as the Secretary may reasonably require. (b) Information and assurances Each application submitted under subsection (a) shall include— (1) a description of— (A) how a grant awarded under this part will be used to promote desegregation, in-