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), added par. (3) and struck out former par. (3). Prior to amend- ment, text read as follows: ‘‘If funds allocated in ac- cordance with subsection (c) of this section are insuffi- cient to serve all eligible school attendance areas, a local educational agency shall— ‘‘(A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest ac- cording to the percentage of children from low-in- come families; and ‘‘(B) serve such eligible school attendance areas in rank order.’’ Subsec. (a)(5). Pub. L. 114–95, § 1007(1)(B), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data ap- proved by the Secretary, the number of children eligi- ble for free and reduced priced lunches under the Rich- ard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid pro- gram, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— ‘‘(A) to identify eligible school attendance areas; ‘‘(B) to determine the ranking of each area; and ‘‘(C) to determine allocations under subsection (c) of this section.’’ Subsec. (b)(1)(D)(i). Pub. L. 114–95, § 1007(2), made technical amendment to reference in original act which appears in text as reference to section 6321(c) of this title. Subsec. (c)(3). Pub. L. 114–95, § 1007(3)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to chil- dren in schools funded under this part to serve— ‘‘(A) homeless children who do not attend partici- pating schools, including providing educationally re- lated support services to children in shelters and other locations where children may live; ‘‘(B) children in local institutions for neglected children; and ‘‘(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.’’ Subsec. (c)(4). Pub. L. 114–95, § 1007(3)(B), substituted ‘‘comprehensive support and improvement activities or targeted support and improvement activities under sec- tion 6311(d)’’ for ‘‘school improvement, corrective ac- tion, and restructuring under section 6316(b)’’. Subsec. (c)(5). Pub. L. 114–95, § 1007(3)(C), added par. (5). 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. § 6314. Schoolwide programs (a) In general (1) Use of funds for schoolwide programs (A) Eligibility A local educational agency may consoli- date and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational pro- gram of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low- income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Exception A school that serves an eligible school at- tendance area in which less than 40 percent of the children are from low-income fami- lies, or a school for which less than 40 per- cent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State edu- cational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving aca- demic achievement and other factors. (2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required to identify— (i) particular children under this part as eligible to participate in a schoolwide pro- gram; or Page 1355 TITLE 20—EDUCATION § 6314 (ii) individual services as supplementary. (B) Supplemental funds In accordance with the method of deter- mination described in section 6321(b)(2) of this title, a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the ab- sence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for chil- dren with disabilities and English learners. (3) Exemption from statutory and regulatory requirements (A) Exemption Except as provided in paragraph (2), the Secretary may, through publication of a no- tice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant pro- gram administered by the Secretary (other than formula or discretionary grant pro- grams under the Individuals with Disabil- ities Education Act (20 U.S.C. 1400 et seq.), except as provided in section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any dis- cretionary grant program administered by the Secretary, to support schoolwide pro- grams if the intent and purposes of such other programs are met. (B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participa- tion and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of de- termination described in section 6321(b)(2) of this title), or the distribution of funds to State educational agencies or local edu- cational agencies that apply to the receipt of funds from such programs. (C) Records A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activi- ties supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal pro- grams that were consolidated to support the schoolwide program. (b) Schoolwide program plan An eligible school operating a schoolwide pro- gram shall develop a comprehensive plan (or amend a plan for such a program that was in ex- istence on the day before December 10, 2015) that— (1) is developed during a 1-year period, un- less— (A) the local educational agency deter- mines, in consultation with the school, that less time is needed to develop and imple- ment the schoolwide program; or (B) the school is operating a schoolwide program on the day before December 10, 2015, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to re- flect the provisions of this section; (2) is developed with the involvement of par- ents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, administrators (including ad- ministrators of programs described in other parts of this subchapter), the local educational agency, to the extent feasible, tribes and trib- al organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance pro- viders, school staff, if the plan relates to a sec- ondary school, students, and other individuals determined by the school; (3) remains in effect for the duration of the school’s participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary based on student needs to ensure that all stu- dents are provided opportunities to meet the challenging State academic standards; (4) is available to the local educational agen- cy, parents, and the public, and the informa- tion contained in such plan shall be in an un- derstandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and (5) if appropriate and applicable, is devel- oped in coordination and integration with other Federal, State, and local services, re- sources, and programs, such as programs sup- ported under this chapter, violence prevention programs, nutrition programs, housing pro- grams, Head Start programs, adult education programs, career and technical education pro- grams, and schools implementing comprehen- sive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title; (6) is based on a comprehensive needs assess- ment of the entire school that takes into ac- count information on the academic achieve- ment of children in relation to the challenging State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other fac- tors as determined by the local educational agency; and (7) includes a description of— (A) the strategies that the school will be implementing to address school needs, in- cluding a description of how such strategies will— (i) provide opportunities for all children, including each of the subgroups of stu- dents (as defined in section 6311(c)(2) of this title) to meet the challenging State academic standards; Page 1356 TITLE 20—EDUCATION § 6314 (ii) use methods and instructional strat- egies that strengthen the academic pro- gram in the school, increase the amount and quality of learning time, and help pro- vide an enriched and accelerated cur- riculum, which may include programs, ac- tivities, and courses necessary to provide a well-rounded education; and (iii) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the chal- lenging State academic standards, through activities which may include— (I) counseling, school-based mental health programs, specialized instruc- tional support services, mentoring serv- ices, and other strategies to improve stu- dents’ skills outside the academic sub- ject areas; (II) preparation for and awareness of opportunities for postsecondary edu- cation and the workforce, which may in- clude career and technical education programs and broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school (such as Advanced Place- ment, International Baccalaureate, dual or concurrent enrollment, or early col- lege high schools); (III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activi- ties and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (IV) professional development and other activities for teachers, paraprofes- sionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particu- larly in high-need subjects; and (V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and (B) if programs are consolidated, the spe- cific State educational agency and local edu- cational agency programs and other Federal programs that will be consolidated in the schoolwide program. (c) Preschool programs A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance pre- school programs for children who are under 6 years of age. (d) Delivery of services The services of a schoolwide program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strate- gies to improve student achievement. (e) Use of funds for dual or concurrent enroll- ment programs (1) In general A secondary school operating a schoolwide program under this section may use funds re- ceived under this part to operate dual or con- current enrollment programs that address the needs of low-achieving secondary school stu- dents and those at risk of not meeting the challenging State academic standards. (2) Flexibility of funds A secondary school using funds received under this part for a dual or concurrent enroll- ment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of— (A) training for teachers, and joint profes- sional development for teachers in collabo- ration with career and technical educators and educators from institutions of higher education, where appropriate, for the pur- pose of integrating rigorous academics in such program; (B) tuition and fees, books, required in- structional materials for such program, and innovative delivery methods; and (C) transportation to and from such pro- gram. (3) Rule of construction Nothing in this subsection shall be con- strued to impose on any State any require- ment or rule regarding dual or concurrent en- rollment programs that is inconsistent with State law. (Pub. L. 89–10, title I, § 1114, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1471; amended Pub. L. 109–270, § 2(f)(3), Aug. 12, 2006, 120 Stat. 747; Pub. L. 114–95, title I, § 1008, Dec. 10, 2015, 129 Stat. 1862.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsecs. (a)(3)(A) and (b)(7)(A)(iii)(III), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. PRIOR PROVISIONS A prior section 6314, Pub. L. 89–10, title I, § 1114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3534; amended Pub. L. 105–332, § 3(c)(1), Oct. 31, 1998, 112 Stat. 3125, related to schoolwide programs, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1008(1), added sub- sec. (a) and struck out former subsec. (a) which con- sisted of pars. (1) to (4) relating to general use of funds for schoolwide programs, nonidentification of students, exemption from statutory and regulatory require- ments, and professional development. Subsec. (b). Pub. L. 114–95, § 1008(2), added subsec. (b) and struck out former subsec. (b) which consisted of pars. (1) and (2) relating to components of a schoolwide program and development of plan. Subsecs. (c) to (e). Pub. L. 114–95, § 1008(3), added sub- secs. (c) to (e) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘A school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6, such as Even Start pro- grams or Early Reading First programs.’’ 2006—Subsec. (b)(2)(B)(v). Pub. L. 109–270 substituted ‘‘the Carl D. Perkins Career and Technical Education Page 1357 TITLE 20—EDUCATION § 6315 1 So in original. The word ‘‘and’’ probably should not appear. 2 So in original. Probably should be ‘‘providing’’. Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Tech- nical Education Act of 1998’’. 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. § 6315. Targeted assistance schools (a) In general In all schools selected to receive funds under section 6313(c) of this title that are ineligible for a schoolwide program under section 6314 of this title, have not received a waiver under section 6314(a)(1)(B) of this title to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds re- ceived under this part only for programs that provide services to eligible children under sub- section (c) identified as having the greatest need for special assistance. (b) Targeted assistance school program To assist targeted assistance schools and local educational agencies to meet their responsi- bility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each tar- geted assistance program under this section shall— (1) determine which students will be served; (2) serve participating students identified as eligible children under subsection (c), includ- ing by— (A) using resources under this part to help eligible children meet the challenging State academic standards, which may include pro- grams, activities, and academic courses nec- essary to provide a well-rounded education; (B) using methods and instructional strat- egies to strengthen the academic program of the school through activities, which may in- clude— (i) expanded learning time, before- and after-school programs, and summer pro- grams and opportunities; and (ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (C) coordinating with and supporting the regular education program, which may in- clude services to assist preschool children in the transition from early childhood edu- cation programs such as Head Start, the lit- eracy program under subpart 2 of part B of subchapter II, or State-run preschool pro- grams to elementary school programs; (D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appro- priate, specialized instructional support per- sonnel, and other school personnel who work with eligible children in programs under this section or in the regular education program; (E) implementing strategies to increase the involvement of parents of eligible chil- dren in accordance with section 6318 of this title; and 1 (F) if appropriate and applicable, coordi- nating and integrating Federal, State, and local services and programs, such as pro- grams supported under this chapter, vio- lence prevention programs, nutrition pro- grams, housing programs, Head Start pro- grams, adult education programs, career and technical education programs, and com- prehensive support and improvement activi- ties or targeted support and improvement activities under section 6311(d) of this title; and (G) provide 2 to the local educational agen- cy assurances that the school will— (i) help provide an accelerated, high- quality curriculum; (ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and (iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards. (c) Eligible children (1) Eligible population (A) In general The eligible population for services under this section is— (i) children not older than age 21 who are entitled to a free public education through grade 12; and (ii) children who are not yet at a grade level at which the local educational agen- cy provides a free public education. (B) Eligible children from eligible population From the population described in subpara- graph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, ex- cept that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, es- tablished by the local educational agency and supplemented by the school. (2) Children included (A) In general Children who are economically disadvan- taged, children with disabilities, migrant children or English learners, are eligible for services under this part on the same basis as other children selected to receive services under this part.