20 U.S.C. § 6303 — School improvement

Page 1326 TITLE 20—EDUCATION § 6303 spending established under section 901(c) of title 2, the levels of appropriations authorized throughout this chapter should be adjusted in a manner that is consistent with the adjustments in nonsecurity category funding provided for under the revised limits on discretionary spend- ing. (Pub. L. 89–10, title I, § 1002, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1440; amended Pub. L. 114–95, title I, § 1002, Dec. 10, 2015, 129 Stat. 1814.) Editorial Notes PRIOR PROVISIONS A prior section 6302, Pub. L. 89–10, title I, § 1002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3522; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1602], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1002 of Pub. L. 89–10 was renumbered section 9002 and was classified to section 3382 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (i) relating to authorization of appropriations for fiscal years 2002 through 2007. 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. § 6303. School improvement (a) State reservations To carry out subsection (b) and the State edu- cational agency’s statewide system of technical assistance and support for local educational agencies, each State shall reserve the greater of— (1) 7 percent of the amount the State re- ceives under subpart 2 of part A; or (2) the sum of the amount the State— (A) reserved for fiscal year 2016 under this subsection, as in effect on the day before De- cember 10, 2015; and (B) received for fiscal year 2016 under sub- section (g), as in effect on the day before De- cember 10, 2015. (b) Uses Of the amount reserved under subsection (a) for any fiscal year, the State educational agen- cy— (1)(A) shall allocate not less than 95 percent of that amount to make grants to local edu- cational agencies on a formula or competitive basis, to serve schools implementing com- prehensive support and improvement activi- ties or targeted support and improvement ac- tivities under section 6311(d) of this title; or (B) may, with the approval of the local edu- cational agency, directly provide for these ac- tivities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external providers with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and (2) shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include— (A) establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring— (i) the local educational agencies receiv- ing an allotment under such paragraph represent the geographic diversity of the State; and (ii) that allotments are of sufficient size to enable a local educational agency to ef- fectively implement selected strategies; (B) monitoring and evaluating the use of funds by local educational agencies receiv- ing an allotment under such paragraph; and (C) as appropriate, reducing barriers and providing operational flexibility for schools in the implementation of comprehensive support and improvement activities or tar- geted support and improvement activities under section 6311(d) of this title. (c) Duration The State educational agency shall award each subgrant under subsection (b) for a period of not more than 4 years, which may include a planning year. (d) Rule of construction Nothing in this section shall be construed as prohibiting a State from allocating subgrants under this section to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools implementing comprehensive support and im- provement activities or targeted support and improvement activities, if such entities are le- gally constituted or recognized as local edu- cational agencies in the State. (e) Application To receive an allotment under subsection (b)(1), a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum— (1) a description of how the local educational agency will carry out its responsibilities under section 6311(d) of this title for schools receiv- ing funds under this section, including how the local educational agency will— (A) develop comprehensive support and im- provement plans under section 6311(d)(1) of this title for schools receiving funds under this section; (B) support schools developing or imple- menting targeted support and improvement plans under section 6311(d)(2) of this title, if funds received under this section are used for such purpose; (C) monitor schools receiving funds under this section, including how the local edu- Page 1327 TITLE 20—EDUCATION § 6303a cational agency will carry out its respon- sibilities under clauses (iv) and (v) of section 6311(d)(2)(B) of this title if funds received under this section are used to support schools implementing targeted support and improvement plans; (D) use a rigorous review process to re- cruit, screen, select, and evaluate any exter- nal partners with whom the local edu- cational agency will partner; (E) align other Federal, State, and local resources to carry out the activities sup- ported with funds received under subsection (b)(1); and (F) as appropriate, modify practices and policies to provide operational flexibility that enables full and effective implementa- tion of the plans described in paragraphs (1) and (2) of section 6311(d) of this title; and (2) an assurance that each school the local educational agency proposes to serve will re- ceive all of the State and local funds it would have received in the absence of funds received under this section. (f) Priority The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that— (1) serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 6311(d) of this title; (2) demonstrate the greatest need for such funds, as determined by the State; and (3) demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve student achievement and student outcomes. (g) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds re- served to carry out subsection (b) is greater than the amount needed to provide the assist- ance described in that subsection, the State edu- cational agency shall allocate the excess amount to local educational agencies in accord- ance with— (1) the relative allocations the State edu- cational agency made to those agencies for that fiscal year under subpart 2 of part A; or (2) section 6338(c) of this title. (h) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) for fiscal year 2018 and each subsequent fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (i) Reporting The State shall include in the report described in section 6311(h)(1) of this title a list of all the local educational agencies and schools that re- ceived funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds. (Pub. L. 89–10, title I, § 1003, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1442; amended Pub. L. 114–95, title I, § 1003, Dec. 10, 2015, 129 Stat. 1815.) Editorial Notes PRIOR PROVISIONS A prior section 6303, Pub. L. 89–10, title I, § 1003, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3522, related to reservation and allocation for school improvement, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1003 of Pub. L. 89–10 was renumbered section 9003 and was classified to section 3383 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (g) relating to State reservations of amounts, uses of amounts, priority in allocating funds, allocation of un- used funds, special rule limiting decrease of amounts received under subpart 2 of part A, reporting of list of recipient schools and percentage of students from fami- lies with incomes below poverty line, and grants pro- gram for assistance for local school improvement. 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. § 6303a. Whole-school reform strategy Funds available for school improvement grants for fiscal year 2014 and thereafter may be used by a local educational agency to implement a whole-school reform strategy for a school using an evidence-based strategy that ensures whole-school reform is undertaken in partner- ship with a strategy developer offering a whole- school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including at least one well- designed and well-implemented experimental or quasi-experimental study. (Pub. L. 114–113, div. H, title III, Dec. 18, 2015, 129 Stat. 2627.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Education Appropriations Act, 2016, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2016, and the Consolidated Appropriations Act, 2016, and not as part of the Elementary and Secondary Education Act of 1965 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: