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20 U.S.C. § 7118 — Activities to support safe and healthy stu-

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

20 U.S.C. § 7118 — Activities to support safe and healthy stu-

Page 1472 TITLE 20—EDUCATION § 7118 learning courses and plan to take acceler- ated learning examinations; or (ii) increasing the availability of, and en- rollment in, accelerated learning courses, accelerated learning examinations, dual or concurrent enrollment programs, and early college high school courses; (E) activities to promote the development, implementation, and strengthening of pro- grams to teach traditional American his- tory, civics, economics, geography, or gov- ernment education; (F) foreign language instruction; (G) environmental education; (H) programs and activities that promote volunteerism and community involvement; (I) programs and activities that support educational programs that integrate mul- tiple disciplines, such as programs that com- bine arts and mathematics; or (J) other activities and programs to sup- port student access to, and success in, a va- riety of well-rounded education experiences. (b) Special rule A local educational agency, or consortium of such agencies, that receives a subgrant under this subpart for fiscal year 2017 may use such funds to cover part or all of the fees for acceler- ated learning examinations taken by low-in- come students during the 2016-2017 school year, in accordance with subsection (a)(3)(D). (Pub. L. 89–10, title IV, § 4107, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1977.) Editorial Notes PRIOR PROVISIONS A prior section 7117, Pub. L. 89–10, title IV, § 4117, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1750, related to programs for Native Hawaiians, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7117, Pub. L. 89–10, title IV, § 4117, as added Pub. L. 103–382, title I, § 101, Oct. 20, 19

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Page 1472 TITLE 20—EDUCATION § 7118 learning courses and plan to take acceler- ated learning examinations; or (ii) increasing the availability of, and en- rollment in, accelerated learning courses, accelerated learning examinations, dual or concurrent enrollment programs, and early college high school courses; (E) activities to promote the development, implementation, and strengthening of pro- grams to teach traditional American his- tory, civics, economics, geography, or gov- ernment education; (F) foreign language instruction; (G) environmental education; (H) programs and activities that promote volunteerism and community involvement; (I) programs and activities that support educational programs that integrate mul- tiple disciplines, such as programs that com- bine arts and mathematics; or (J) other activities and programs to sup- port student access to, and success in, a va- riety of well-rounded education experiences. (b) Special rule A local educational agency, or consortium of such agencies, that receives a subgrant under this subpart for fiscal year 2017 may use such funds to cover part or all of the fees for acceler- ated learning examinations taken by low-in- come students during the 2016-2017 school year, in accordance with subsection (a)(3)(D). (Pub. L. 89–10, title IV, § 4107, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1977.) Editorial Notes PRIOR PROVISIONS A prior section 7117, Pub. L. 89–10, title IV, § 4117, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1750, related to programs for Native Hawaiians, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7117, Pub. L. 89–10, title IV, § 4117, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3685, related to evaluation and reporting, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4107 of Pub. L. 89–10 was classified to section 3067 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. 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. § 7118. Activities to support safe and healthy stu- dents Subject to section 7116(f) of this title, each local educational agency, or consortium of such agencies, that receives an allocation under sec- tion 7115(a) of this title shall use a portion of such funds to develop, implement, and evaluate comprehensive programs and activities that— (1) are coordinated with other schools and community-based services and programs; (2) foster safe, healthy, supportive, and drug- free environments that support student aca- demic achievement; (3) promote the involvement of parents in the activity or program; (4) may be conducted in partnership with an institution of higher education, business, non- profit organization, community-based organi- zation, or other public or private entity with a demonstrated record of success in imple- menting activities described in this section; and (5) may include, among other programs and activities— (A) drug and violence prevention activities and programs that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, de- termines that such evidence is reasonably available) including— (i) programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and elec- tronic cigarettes; and (ii) professional development and train- ing for school and specialized instructional support personnel and interested commu- nity members in prevention, education, early identification, intervention men- toring, recovery support services and, where appropriate, rehabilitation referral, as related to drug and violence prevention; (B) in accordance with sections 7101 and 7121 of this title— (i) school-based mental health services, including early identification of mental health symptoms, drug use, and violence, and appropriate referrals to direct indi- vidual or group counseling services, which may be provided by school-based mental health services providers; and (ii) school-based mental health services partnership programs that— (I) are conducted in partnership with a public or private mental health entity or health care entity; and (II) provide comprehensive school- based mental health services and sup- ports and staff development for school and community personnel working in the school that are— (aa) based on trauma-informed prac- tices that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); (bb) coordinated (where appropriate) with early intervening services pro- vided under the Individuals with Dis- abilities Education Act (20 U.S.C. 1400 et seq.); and (cc) provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise; (C) programs or activities that— (i) integrate health and safety practices into school or athletic programs; Page 1473 TITLE 20—EDUCATION § 7118 1 See References in Text note below. (ii) support a healthy, active lifestyle, including nutritional education and reg- ular, structured physical education activi- ties and programs, that may address chronic disease management with instruc- tion led by school nurses, nurse practi- tioners, or other appropriate specialists or professionals to help maintain the well- being of students; (iii) help prevent bullying and harass- ment; (iv) improve instructional practices for developing relationship-building skills, such as effective communication, and im- prove safety through the recognition and prevention of coercion, violence, or abuse, including teen and dating violence, stalk- ing, domestic abuse, and sexual violence and harassment; (v) provide mentoring and school coun- seling to all students, including children who are at risk of academic failure, drop- ping out of school, involvement in crimi- nal or delinquent activities, or drug use and abuse; (vi) establish or improve school dropout and re-entry programs; or (vii) establish learning environments and enhance students’ effective learning skills that are essential for school readiness and academic success, such as by providing in- tegrated systems of student and family supports; (D) high-quality training for school per- sonnel, including specialized instructional support personnel, related to— (i) suicide prevention; (ii) effective and trauma-informed prac- tices in classroom management; (iii) crisis management and conflict reso- lution techniques; (iv) human trafficking (defined, for pur- poses of this subparagraph, as an act or practice described in paragraph (9) or (10) 1 of section 7102 of title 22); (v) school-based violence prevention strategies; (vi) drug abuse prevention, including educating children facing substance abuse at home; and (vii) bullying and harassment preven- tion; (E) in accordance with sections 7101 and 7121 of this title, child sexual abuse aware- ness and prevention programs or activities, such as programs or activities designed to provide— (i) age-appropriate and developmentally- appropriate instruction for students in child sexual abuse awareness and preven- tion, including how to recognize child sex- ual abuse and how to safely report child sexual abuse; and (ii) information to parents and guardians of students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child; (F) designing and implementing a locally- tailored plan to reduce exclusionary dis- cipline practices in elementary and sec- ondary schools that— (i) is consistent with best practices; (ii) includes strategies that are evidence- based (to the extent the State, in consulta- tion with local educational agencies in the State, determines that such evidence is reasonably available); and (iii) is aligned with the long-term goal of prison reduction through opportunities, mentoring, intervention, support, and other education services, referred to as a ‘‘youth PROMISE plan’’; or (G) implementation of schoolwide positive behavioral interventions and supports, in- cluding through coordination with similar activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), in order to improve academic outcomes and school conditions for student learning; (H) designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as— (i) establishing partnerships within the community to provide resources and sup- port for schools; (ii) ensuring that all service and commu- nity partners are aligned with the aca- demic expectations of a community school in order to improve student success; and (iii) strengthening relationships between schools and communities; or (I) pay for success initiatives aligned with the purposes of this section. (Pub. L. 89–10, title IV, § 4108, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1978.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in par. (5)(B)(ii)(II)(bb), (G), 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 sec- tion 1400 of this title and Tables. Paragraphs (9) and (10) of section 7102 of title 22, re- ferred to in par. (5)(D)(iv), were redesignated pars. (11) and (12), respectively, of section 7102 of title 22 by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. PRIOR PROVISIONS A prior section 7118, Pub. L. 89–10, title IV, § 4118, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3685, related to programs for Native Hawaiians, and was omitted in the general amendment of this subchapter by Pub. L. 107–110. A prior section 4108 of Pub. L. 89–10 was classified to section 3068 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. 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. Page 1474 TITLE 20—EDUCATION § 7119 1 See References in Text note below. § 7119. Activities to support the effective use of technology (a) Uses of funds Subject to section 7116(f) of this title, each local educational agency, or consortium of such agencies, that receives an allocation under sec- tion 7115(a) 1 of this title shall use a portion of such funds to improve the use of technology to improve the academic achievement, academic growth, and digital literacy of all students, in- cluding by meeting the needs of such agency or consortium that are identified in the needs as- sessment conducted under section 7116(d) of this title (if applicable), which may include— (1) providing educators, school leaders, and administrators with the professional learning tools, devices, content, and resources to— (A) personalize learning to improve stu- dent academic achievement; (B) discover, adapt, and share relevant high-quality educational resources; (C) use technology effectively in the class- room, including by administering computer- based assessments and blended learning strategies; and (D) implement and support school- and dis- trict-wide approaches for using technology to inform instruction, support teacher col- laboration, and personalize learning; (2) building technological capacity and infra- structure, which may include— (A) procuring content and ensuring con- tent quality; and (B) purchasing devices, equipment, and software applications in order to address readiness shortfalls; (3) developing or using effective or innova- tive strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including dig- ital learning technologies and assistive tech- nology; (4) carrying out blended learning projects, which shall include— (A) planning activities, which may include development of new instructional models (including blended learning technology soft- ware and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time infor- mation technology purchases, except that such expenditures may not include expendi- tures related to significant construction or renovation of facilities; or (B) ongoing professional development for teachers, principals, other school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project; (5) providing professional development in the use of technology (which may be provided through partnerships with outside organiza- tions) to enable teachers and instructional leaders to increase student achievement in the areas of science, technology, engineering, and mathematics, including computer science; and (6) providing students in rural, remote, and underserved areas with the resources to take advantage of high-quality digital learning ex- periences, digital resources, and access to on- line courses taught by effective educators. (b) Special rule A local educational agency, or consortium of such agencies, shall not use more than 15 per- cent of funds for purchasing technology infra- structure as described in subsection (a)(2)(B), which shall include technology infrastructure purchased for the activities under subsection (a)(4)(A). (Pub. L. 89–10, title IV, § 4109, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1981.) Editorial Notes REFERENCES IN TEXT Section 7115(a) of this title, referred to in subsec. (a), was in the original ‘‘section 4015(a)’’, and was trans- lated as meaning section 4105(a) of the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, to re- flect the probable intent of Congress, because that Act does not contain a section 4015 and section 4105(a) re- fers to allocations. 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. § 7120. Supplement, not supplant Funds made available under this subpart shall be used to supplement, and not supplant, non- Federal funds that would otherwise be used for activities authorized under this subpart. (Pub. L. 89–10, title IV, § 4110, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1982.) 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. § 7121. Rule of construction Nothing in this subpart may be construed to— (1) authorize activities or programming that encourages teenage sexual activity; or (2) prohibit effective activities or program- ming that meet the requirements of section 7906 of this title. (Pub. L. 89–10, title IV, § 4111, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1982.) Editorial Notes PRIOR PROVISIONS A prior section 4111 of Pub. L. 89–10 was classified to section 7111 of this title, prior to the general amend- ment of this subpart by Pub. L. 114–95. A prior section 4011 [4111] of Pub. L. 89–10 was classi- fied to section 7111 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

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

20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

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

20 U.S.C. § 1400 — Short title; findings; purposes

Page 927 TITLE 20—EDUCATION § 1400 Section 1393e, Pub. L. 88–210, title I, § 196, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609, set forth application requirements for grants and contracts for bilingual vocational training pro- grams. Section 1393f, Pub. L. 88–210, title I, § 197, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct. 12, 1976, 90 Stat. 2237, set forth criteria for approval by Commissioner of applications for grants and contracts for bilingual vocational training programs. CHAPTER 33—EDUCATION OF INDIVIDUALS WITH DISABILITIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 1400. Short title; findings; purposes. 1401. Definitions. 1402. Office of Special Education Programs. 1403. Abrogation of State sovereign immunity. 1404. Acquisition of equipment; construction or al- teration of facilities. 1405. Employment of individuals with disabilities. 1406. Requirements for prescribing regulations. 1407. State administration. 1408. Paperwork reduction. 1409. Freely associated States. SUBCHAPTER II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES 1411. Authorization; allotment; use of funds; au- thorization of appropriations. 1412. State eligibility. 1413. Local educational agency eligibility. 1414. Evaluations, eligibility determinations, indi- vidualized education programs, and edu- cational placements. 1415. Procedural safeguards. 1416. Monitoring, technical assistance, and en- forcement. 1417. Administration. 1418. Program information. 1419. Preschool grants. SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES 1431. Findings and policy. 1432. Definitions. 1433. General authority. 1434. Eligib

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

20 U.S.C. § 7118 — Local educational agency applications

**(a) Eligibility** To be eligible to receive an allocation under [section 7115(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7115/a&num=0&edition=prelim), a local educational agency shall— (1) submit an application, which shall contain, at a minimum, the information described in subsection (e), to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and (2) complete a needs assessment in accordance with subsection (d). **(b) Consortium** If a local educational agency desires to carry out the activities described in this subpart in consortium with one or more surrounding local educational agencies as described in [section 7115(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7115/a/3&num=0&edition=prelim), such local educational agencies shall submit a single application as required under subsection (a). **(c) Consultation** (1) **In general** — A local educational agency, or consortium of such agencies, shall develop its application through consultation with parents, teachers, principals, other school leaders, specialized instructional support personnel, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations that may be located in the region served by the local educational agency (where applicable), charter school teachers, principals, and other school leaders (if such agency or consortium of such agencies supports charter schools), and others with relevant and demonstrated expertise in pro

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