20 U.S.C. § 7116 — Local educational agency applications

Page 1469 TITLE 20—EDUCATION § 7116 ondary credential (as defined in section 3102 of title 29); (iv) disseminating promising practices related to technology instruction, data se- curity, and the acquisition and implemen- tation of technology tools and applica- tions, including through making such promising practices publicly available on the website of the State educational agen- cy; (v) providing teachers, paraprofessionals, school librarians and media personnel, spe- cialized instructional support personnel, and administrators with the knowledge and skills to use technology effectively, including effective integration of tech- nology, to improve instruction and student achievement, which may include coordina- tion with teacher, principal, and other school leader preparation programs; and (vi) making instructional content widely available through open educational re- sources, which may include providing tools and processes to support local educational agencies in making such resources widely available. (c) Special rule A State that receives a grant under this sub- part for fiscal year 2017 may use the amount made available to the State and not reserved under paragraphs (1) and (2) of subsection (a) for such fiscal year to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (b)(3)(A)(ii). (Pub. L. 89–10, title IV, § 4104, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1971.) Editorial Notes PRIOR PROVISIONS A prior section 7114, Pub. L. 89–10, title IV, § 4114, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1742, related to local educational agency pro- grams, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7114, Pub. L. 89–10, title IV, § 4114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3679, related to governor’s programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4104 of Pub. L. 89–10 was classified to section 3064 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. § 7115. Allocations to local educational agencies (a) Allocations to local educational agencies (1) In general From the funds reserved by a State under section 7114(a)(1) of this title, the State shall allocate to each local educational agency in the State that has an application approved by the State educational agency under section 7116 of this title an amount that bears the same relationship to the total amount of such reservation as the amount the local edu- cational agency received under subpart 2 of part A of subchapter I for the preceding fiscal year bears to the total amount received by all local educational agencies in the State under such subpart for the preceding fiscal year. (2) Minimum local educational agency alloca- tion No allocation to a local educational agency under this subsection may be made in an amount that is less than $10,000, subject to subsection (b). (3) Consortia Local educational agencies in a State may form a consortium with other surrounding local educational agencies and combine the funds each such agency in the consortium re- ceives under this section to jointly carry out the local activities described in this subpart. (b) Ratable reduction If the amount reserved by the State under sec- tion 7114(a)(1) of this title is insufficient to make allocations to local educational agencies in an amount equal to the minimum allocation described in subsection (a)(2), such allocations shall be ratably reduced. (c) Administrative costs Of the amount received under subsection (a)(2), a local educational agency may reserve not more than 2 percent for the direct adminis- trative costs of carrying out the local edu- cational agency’s responsibilities under this subpart. (Pub. L. 89–10, title IV, § 4105, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1974.) Editorial Notes PRIOR PROVISIONS A prior section 7115, Pub. L. 89–10, title IV, § 4115, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1745, related to authorized activities, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7115, Pub. L. 89–10, title IV, § 4115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3681, related to local applications, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4105 of Pub. L. 89–10 was classified to section 3065 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. § 7116. Local educational agency applications (a) Eligibility To be eligible to receive an allocation under section 7115(a) of this title, a local educational agency shall— Page 1470 TITLE 20—EDUCATION § 7116 (1) submit an application, which shall con- tain, at a minimum, the information described in subsection (e), to the State educational agency at such time, in such manner, and con- taining such information as the State edu- cational agency may reasonably require; and (2) complete a needs assessment in accord- ance 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, such local educational agencies shall submit a single application as re- quired 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 in- structional support personnel, students, com- munity-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 orga- nizations that may be located in the region served by the local educational agency (where applicable), charter school teachers, prin- cipals, and other school leaders (if such agency or consortium of such agencies supports char- ter schools), and others with relevant and demonstrated expertise in programs and ac- tivities designed to meet the purpose of this subpart. (2) Continued consultation The local educational agency, or consortium of such agencies, shall engage in continued consultation with the entities described in paragraph (1) in order to improve the local ac- tivities in order to meet the purpose of this subpart and to coordinate such implementa- tion with other related strategies, programs, and activities being conducted in the commu- nity. (d) Needs assessment (1) In general Except as provided in paragraph (2) and prior to receiving an allocation under this subpart, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served under this subpart in order to examine needs for improvement of— (A) access to, and opportunities for, a well- rounded education for all students; (B) school conditions for student learning in order to create a healthy and safe school environment; and (C) access to personalized learning experi- ences supported by technology and profes- sional development for the effective use of data and technology. (2) Exception A local educational agency receiving an allo- cation under section 7115(a) of this title in an amount that is less than $30,000 shall not be required to conduct a comprehensive needs as- sessment under paragraph (1). (3) Frequency of needs assessment Each local educational agency, or consor- tium of local educational agencies, shall con- duct the needs assessment described in para- graph (1) once every 3 years. (e) Contents of local application Each application submitted under this section by a local educational agency, or a consortium of such agencies, shall include the following: (1) Descriptions A description of the activities and program- ming that the local educational agency, or consortium of such agencies, will carry out under this subpart, including a description of— (A) any partnership with an institution of higher education, business, nonprofit organi- zation, community-based organization, or other public or private entity with a dem- onstrated record of success in implementing activities under this subpart; (B) if applicable, how funds will be used for activities related to supporting well-rounded education under section 7117 of this title; (C) if applicable, how funds will be used for activities related to supporting safe and healthy students under section 7118 of this title; (D) if applicable, how funds will be used for activities related to supporting the effective use of technology in schools under section 7119 of this title; and (E) the program objectives and intended outcomes for activities under this subpart, and how the local educational agency, or consortium of such agencies, will periodi- cally evaluate the effectiveness of the ac- tivities carried out under this section based on such objectives and outcomes. (2) Assurances Each application shall include assurances that the local educational agency, or consor- tium of such agencies, will— (A) prioritize the distribution of funds to schools served by the local educational agen- cy, or consortium of such agencies, that— (i) are among the schools with the great- est needs, as determined by such local edu- cational agency, or consortium; (ii) have the highest percentages or num- bers of children counted under section 6333(c) of this title; (iii) are identified for comprehensive support and improvement under section 6311(c)(4)(D)(i) of this title; (iv) are implementing targeted support and improvement plans as described in sec- tion 6311(d)(2) of this title; or (v) are identified as a persistently dan- gerous public elementary school or sec- ondary school under section 7912 of this title; (B) comply with section 7881 of this title (regarding equitable participation by private school children and teachers); Page 1471 TITLE 20—EDUCATION § 7117 (C) use not less than 20 percent of funds re- ceived under this subpart to support one or more of the activities authorized under sec- tion 7117 of this title; (D) use not less than 20 percent of funds re- ceived under this subpart to support one or more activities authorized under section 7118 of this title; (E) use a portion of funds received under this subpart to support one or more activi- ties authorized under section 7119(a) of this title, including an assurance that the local educational agency, or consortium of local educational agencies, will comply with sec- tion 7119(b) of this title; and (F) annually report to the State for inclu- sion in the report described in section 7114(a)(2) of this title how funds are being used under this subpart to meet the require- ments of subparagraphs (C) through (E). (f) Special rule Any local educational agency receiving an al- location under section 7115(a)(1) of this title in an amount less than $30,000 shall be required to provide only one of the assurances described in subparagraphs (C), (D), and (E) of subsection (e)(2). (Pub. L. 89–10, title IV, § 4106, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1974.) Editorial Notes PRIOR PROVISIONS A prior section 7116, Pub. L. 89–10, title IV, § 4116, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1750, related to reporting by States and local edu- cational agencies, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7116, Pub. L. 89–10, title IV, § 4116, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3682; amended Pub. L. 106–554, § 1(a)(1) [title III, § 314], Dec. 21, 2000, 114 Stat. 2763, 2763A–47, related to local drug and violence prevention programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4106 of Pub. L. 89–10 was classified to section 3066 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. § 7117. Activities to support well-rounded edu- cational opportunities (a) In general 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 and implement programs and activities that support access to a well- rounded education and that— (1) are coordinated with other schools and community-based services and programs; (2) 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 under this section; and (3) may include programs and activities, such as— (A) college and career guidance and coun- seling programs, such as— (i) postsecondary education and career awareness and exploration activities; (ii) training counselors to effectively use labor market information in assisting stu- dents with postsecondary education and career planning; and (iii) financial literacy and Federal finan- cial aid awareness activities; (B) programs and activities that use music and the arts as tools to support student suc- cess through the promotion of constructive student engagement, problem solving, and conflict resolution; (C) programming and activities to improve instruction and student engagement in science, technology, engineering, and mathe- matics, including computer science, (re- ferred to in this section as ‘‘STEM sub- jects’’) such as— (i) increasing access for students through grade 12 who are members of groups under- represented in such subject fields, such as female students, minority students, English learners, children with disabil- ities, and economically disadvantaged stu- dents, to high-quality courses; (ii) supporting the participation of low- income students in nonprofit competitions related to STEM subjects (such as robot- ics, science research, invention, mathe- matics, computer science, and technology competitions); (iii) providing hands-on learning and ex- posure to science, technology, engineering, and mathematics and supporting the use of field-based or service learning to enhance the students’ understanding of the STEM subjects; (iv) supporting the creation and en- hancement of STEM-focused specialty schools; (v) facilitating collaboration among school, after-school program, and informal program personnel to improve the integra- tion of programming and instruction in the identified subjects; and (vi) integrating other academic subjects, including the arts, into STEM subject pro- grams to increase participation in STEM subjects, improve attainment of skills re- lated to STEM subjects, and promote well- rounded education; (D) efforts to raise student academic achievement through accelerated learning programs described in section 7114(b)(3)(A)(i)(IV) of this title, such as— (i) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, if the low-in- come students are enrolled in accelerated