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20 U.S.C. § 9902 — Program requirements

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 9902 — Program requirements

Page 1760 TITLE 20—EDUCATION §§ 9881, 9882 plementing rigorous State academic content standards, substantive curricula, remedi- ation, and acceleration opportunities for students, as well as other changes deter- mined necessary by the State. (D) In the case of a State applying for funding to establish or improve a statewide P–16 education data system— (i) a description of the privacy protec- tion and enforcement measures that the State has implemented or will implement pursuant to subsection (e)(2)(C), and assur- ances that these measures will be in place prior to the establishment or improvement of the statewide P–16 education data sys- tem; and (ii) an assurance that the State will con- tinue to fund the statewide P–16 education data system after the end of the grant pe- riod. (g) Supplement not supplant Grant funds provided under this section shall be used to supplement, not supplant, other Fed- eral, State, and local funds available to carry out the authorized activities described in sub- section (e). (h) Matching requirement Each State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant. (i) Rule of construction (1) No raw data requirement Nothing in this section shall be construed to require States to provide raw data to the Sec- retary. (2) Private or home schools Nothing in this section shall be construed to affect any private school that does not receive funds or services under this Act or any home school, whether or not the home school is treated as a home school or a private school under State law, including imposing new re- quirements for students educated through a ho

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Page 1760 TITLE 20—EDUCATION §§ 9881, 9882 plementing rigorous State academic content standards, substantive curricula, remedi- ation, and acceleration opportunities for students, as well as other changes deter- mined necessary by the State. (D) In the case of a State applying for funding to establish or improve a statewide P–16 education data system— (i) a description of the privacy protec- tion and enforcement measures that the State has implemented or will implement pursuant to subsection (e)(2)(C), and assur- ances that these measures will be in place prior to the establishment or improvement of the statewide P–16 education data sys- tem; and (ii) an assurance that the State will con- tinue to fund the statewide P–16 education data system after the end of the grant pe- riod. (g) Supplement not supplant Grant funds provided under this section shall be used to supplement, not supplant, other Fed- eral, State, and local funds available to carry out the authorized activities described in sub- section (e). (h) Matching requirement Each State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant. (i) Rule of construction (1) No raw data requirement Nothing in this section shall be construed to require States to provide raw data to the Sec- retary. (2) Private or home schools Nothing in this section shall be construed to affect any private school that does not receive funds or services under this Act or any home school, whether or not the home school is treated as a home school or a private school under State law, including imposing new re- quirements for students educated through a home school seeking admission to institutions of higher education. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $120,000,000 for each of fis- cal years 2011 and 2012. (Pub. L. 110–69, title VI, § 6201, formerly § 6401, Aug. 9, 2007, 121 Stat. 668; renumbered § 6201 and amended Pub. L. 111–358, title X, §§ 1002(b)(3), 1003(c), Jan. 4, 2011, 124 Stat. 4048, 4049; Pub. L. 114–95, title IX, § 9215(i)(4), Dec. 10, 2015, 129 Stat. 2168.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (e)(2)(C)(ii)(II) and (i)(2), is Pub. L. 110–69, Aug. 9, 2007, 121 Stat. 572, known as the America COMPETES Act, and also as the Amer- ica Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables. PRIOR PROVISIONS A prior section 6201 of Pub. L. 110–69 was classified to section 9851 of this title prior to repeal by Pub. L. 111–358. AMENDMENTS 2015—Subsec. (e)(2)(D)(ii)(I). Pub. L. 114–95, which di- rected amendment of section 6401(e)(2)(D)(ii)(I) of Pub. L. 110–69 by substituting ‘‘yearly test records of indi- vidual students with respect to assessments under sec- tion 6311(b)(2) of this title’’ for ‘‘yearly test records of individual students with respect to assessments under section 6311(b) of this title’’, was executed to this sec- tion to reflect the probable intent of Congress and the renumbering of section 6401 of Pub. L. 110–69 as this sec- tion. 2011—Subsec. (j). Pub. L. 111–358, § 1003(c), amended subsec. (j) generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to carry out this section $120,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009.’’ 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. SUBCHAPTER V—MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS §§ 9881, 9882. Repealed. Pub. L. 111–358, title X, § 1002(a)(5), Jan. 4, 2011, 124 Stat. 4048 Section 9881, Pub. L. 110–69, title VI, § 6501, Aug. 9, 2007, 121 Stat. 674, related to mathematics and science partnership bonus grants. Section 9882, Pub. L. 110–69, title VI, § 6502, Aug. 9, 2007, 121 Stat. 675, related to authorization of appropria- tions. CHAPTER 79—STEM-TRAINING GRANT PROGRAM Sec. 9901. Purpose. 9902. Program requirements. 9903. Grant program. 9904. Grant oversight and administration. 9905. Definitions. 9906. Authorization of appropriations. § 9901. Purpose The purpose of this chapter is to replicate and implement programs at institutions of higher education that provide integrated courses of study in science, technology, engineering, or mathematics, and teacher education, that lead to a baccalaureate degree in science, tech- nology, engineering, or mathematics with con- current teacher certification. (Pub. L. 111–358, title V, § 551, Jan. 4, 2011, 124 Stat. 4021.) § 9902. Program requirements The Director shall replicate and implement undergraduate degree programs under this chap- ter that— (1) are designed to recruit and prepare stu- dents who pursue a baccalaureate degree in science, technology, engineering, or mathe- Page 1761 TITLE 20—EDUCATION § 9903 1 See References in Text note below. matics to become certified as elementary and secondary teachers; (2) require the education department (or its equivalent) and the departments or division responsible for preparation of science, tech- nology, engineering, and mathematics majors at an institution of higher education to col- laborate in establishing and implementing the program at that institution; (3) require students participating in the pro- gram to enter the program through a field- based course and to continue to complete field-based courses supervised by master teachers throughout the program; (4) hire sufficient teachers so that the ratio of students to master teachers in the program does not exceed 100 to 1; (5) include instruction in the use of scientif- ically-based instructional materials and meth- ods, assessments, pedagogical content knowl- edge (including the interaction between math- ematics and science), the use of instructional technology, and how to incorporate State and local standards into the classroom curriculum; (6) restrict to students participating in the program those courses that are specifically de- signed for the needs of teachers of science, technology, engineering, and mathematics; and (7) require students participating in the pro- gram to successfully complete a final evalua- tion of their teaching proficiency, based on their classroom teaching performance, con- ducted by multiple trained observers, and a portfolio of their accomplishments. (Pub. L. 111–358, title V, § 552, Jan. 4, 2011, 124 Stat. 4022.) § 9903. Grant program (a) In general The Director shall establish a grant program to support programs at institutions of higher education to carry out the purpose of this chap- ter. (b) Geographical considerations In the administration of this chapter, the Di- rector shall take such steps as may be necessary to ensure that grants are equitably distributed across all regions of the United States, taking into account population density and other geo- graphic and demographic considerations. (c) Amount of grant Subject to the requirements of subsection (d), the Director may award grants annually on a competitive basis to institutions of higher edu- cation in the amount of $2,000,000, per institu- tion of which— (1) $1,500,000 shall be used— (A) to design, implement, and evaluate a program that meets the requirements of sec- tion 9902 of this title; (B) to employ master teachers at the insti- tution to oversee field experiences; (C) to provide a stipend to mentor teachers participating in the program; and (D) to support curriculum development and implementation strategies for science, technology, engineering, and mathematics content courses taught through the pro- gram; and (2) up to $500,000 shall be set aside by the grantee for technical support and evaluation services from the institution whose programs will be replicated. (d) Eligibility To be eligible to apply for a grant under this section, an institution of higher education shall— (1) include former secondary school science, technology, engineering, or mathematics mas- ter teachers as faculty in its science depart- ment for this program; (2) grant terminal degrees in science, tech- nology, engineering, and mathematics; and (3) have a process to be used in establishing partnerships with local educational agencies for placement of participating students in their field experiences, including a process for identifying mentor teachers working in local schools to supervise classroom field experi- ences in cooperation with university-based master teachers; (4) maintain policies allowing flexible entry to the program throughout the undergraduate coursework; (5) require that master teachers employed by the institution will supervise field experiences of students in the program; (6) require that the program complies with State certification or licensing requirements and the requirements under section 9101(23) 1 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) for highly qualified teachers; (7) develop during the course of the grant a plan for long-term support and assessment of its graduates, which shall include— (A) induction support for graduates in their first one to two years of teaching; (B) systems to determine the teaching sta- tus of graduates and thereby determine re- tention rates; and (C) methods to analyze the achievement of students taught by graduates, and methods to analyze classroom practices of graduates; and (8) be able upon completion of the grant at the end of 5 years to fund essential program costs, including salaries of master teachers and other necessary personnel, from recurring university budgets. (e) Application requirements An institution of higher education seeking a grant under the program shall submit an appli- cation to the Director in such form, at such time, and containing such information and as- surances as the Director may require, includ- ing— (1) a description of the current rate at which individuals majoring in science, technology, engineering, and mathematics become cer- tified as elementary and secondary teachers; (2) a description for the institution’s plan for increasing the numbers of students enrolled in and graduating from the program supported under this chapter; (3) a description of the institution’s capacity to develop a program in which individuals ma-

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Page 1615 TITLE 20—EDUCATION § 7801 under this subchapter for fiscal year 2002, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title. SUBCHAPTER VIII—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, redesignated subchapter IX (§ 7801 et seq.) of this chapter as this subchapter. Title VIII of the Elementary and Secondary Edu- cation Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, redesig- nated, and amended by other public laws. Title VIII is shown, herein, as having been added as title IX of Pub. L. 89–10 by Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1956, without reference to earlier amendments be- cause of the extensive revision of the title’s provisions by Pub. L. 107–110. Title IX of Pub. L. 89–10 was subse- quently redesignated title VIII by Pub. L. 114–95, title VIII, § 8001(a), Dec. 10, 2015, 129 Stat. 2088, and trans- ferred to this subchapter. See Codification note pre- ceding section 6301 of this title. PRIOR PROVISIONS A prior title VIII of the Elementary and Secondary Education Act of 1965, comprising former subchapter VIII (§ 7701 et seq.) of this chapter, was redesignated title VII of the Act by Pub. L. 114–95, title VII, § 7001(c), Dec. 10, 2015, 129 Stat. 2074, and transferred to sub- chapter VII (§ 7701 et seq.) of this chapter. PART A—DEFINITIONS § 7801. Definitions Except as otherwise provided, in this chapter: (1) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term ‘‘average daily attendance’’ means— (i) the aggregate number of days

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 9902 — Program requirements

The Director shall replicate and implement undergraduate degree programs under this chapter that— (1) are designed to recruit and prepare students who pursue a baccalaureate degree in science, technology, engineering, or mathematics to become certified as elementary and secondary teachers; (2) require the education department (or its equivalent) and the departments or division responsible for preparation of science, technology, engineering, and mathematics majors at an institution of higher education to collaborate in establishing and implementing the program at that institution; (3) require students participating in the program to enter the program through a field-based course and to continue to complete field-based courses supervised by master teachers throughout the program; (4) hire sufficient teachers so that the ratio of students to master teachers in the program does not exceed 100 to 1; (5) include instruction in the use of scientifically-based instructional materials and methods, assessments, pedagogical content knowledge (including the interaction between mathematics and science), the use of instructional technology, and how to incorporate State and local standards into the classroom curriculum; (6) restrict to students participating in the program those courses that are specifically designed for the needs of teachers of science, technology, engineering, and mathematics; and (7) require students participating in the program to successfully complete a final evaluation of their teaching proficiency, based on their classroom teaching performance, conducted by multiple trained observers, and a portfolio of their accomplishments.

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