20 USC 10011 - Prohibition on provision of certain assistance

Collapse to view only § 10011. Prohibition on provision of certain assistance

§ 10001. Allocations
§ 10002. State uses of funds
§ 10003. Uses of funds by local educational agencies
§ 10004. Uses of funds by institutions of higher education
§ 10005. State applications
§ 10006. State incentive grants
§ 10007. Innovation Fund
§ 10008. State reports
§ 10009. Evaluation
§ 10010. Secretary’s report to Congress
§ 10011. Prohibition on provision of certain assistance
§ 10012. Fiscal relief
§ 10013. Definitions

§ 10001. Allocations

(a) Outlying areas

(b) Administration and oversight

(d) State allocations

After carrying out subsections (a), (b), and (c), the Secretary shall allocate the remaining funds made available to carry out this chapter to the States as follows:

(1) 61 percent on the basis of their relative population of individuals aged 5 through 24.

(2) 39 percent on the basis of their relative total population.

(e) State grants

(f) Reallocation

(Pub. L. 111–5, div. A, title XIV, § 14001, Feb. 17, 2009, 123 Stat. 279.)

§ 10002. State uses of funds

(a) Education fund

(1) In general

(2) Restoring State support for education

(A) In generalThe Governor shall first use the funds described in paragraph (1)—

(i) to provide the amount of funds, through the State’s primary elementary and secondary education funding formulae, that is needed—(I) to restore, in each of fiscal years 2009, 2010, and 2011, the level of State support provided through such formulae to the greater of the fiscal year 2008 or fiscal year 2009 level; and(II) where applicable, to allow existing State formulae increases to support elementary and secondary education for fiscal years 2010 and 2011 to be implemented and allow funding for phasing in State equity and adequacy adjustments, if such increases were enacted pursuant to State law prior to October 1, 2008.

(ii) to provide, in each of fiscal years 2009, 2010, and 2011, the amount of funds to public institutions of higher education in the State that is needed to restore State support for such institutions (excluding tuition and fees paid by students) to the greater of the fiscal year 2008 or fiscal year 2009 level.

(B) Shortfall

(3) Subgrants to improve basic programs operated by local educational agencies

(b) Other government services

(1) In general

(2) Availability to all institutions of higher educationA Governor shall not consider the type or mission of an institution of higher education, and shall consider any institution for funding for modernization, renovation, and repairs within the State that—

(A) qualifies as an institution of higher education, as defined in subsection 1

1 So in original. Probably should be “section”.

10013(3) of this title; and

(B) continues to be eligible to participate in the programs under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.].

(Pub. L. 111–5, div. A, title XIV, § 14002, Feb. 17, 2009, 123 Stat. 279; Pub. L. 111–8, div. F, title V, § 523(a), (b), Mar. 11, 2009, 123 Stat. 806.)

§ 10003. Uses of funds by local educational agencies

(a) In general

(b) Prohibition

A local educational agency may not use funds received under this chapter for—

(1) payment of maintenance costs;

(2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;

(3) purchase or upgrade of vehicles; or

(4) improvement of stand-alone facilities whose purpose is not the education of children, including central office administration or operations or logistical support facilities.

(Pub. L. 111–5, div. A, title XIV, § 14003, Feb. 17, 2009, 123 Stat. 281; Pub. L. 111–8, div. F, title V, § 523(c), Mar. 11, 2009, 123 Stat. 806.)

§ 10004. Uses of funds by institutions of higher education

(a) In general

(b) Prohibition

(1) the maintenance of systems, equipment, or facilities;

(2) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or

(3) modernization, renovation, or repair of facilities—

(A) used for sectarian instruction or religious worship; or

(B) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.

(Pub. L. 111–5, div. A, title XIV, § 14004, Feb. 17, 2009, 123 Stat. 281.)

§ 10005. State applications

(a) In general

(b) Application

In such application, the Governor shall—

(1) include the assurances described in subsection (d);

(2) provide baseline data that demonstrates the State’s current status in each of the areas described in such assurances; and

(3) describe how the State intends to use its allocation, including whether the State will use such allocation to meet maintenance of effort requirements under the ESEA and IDEA and, in such cases, what amount will be used to meet such requirements.

The Governor of a State seeking a grant under section 10006 of this title shall—

(1) submit an application for consideration;

(2) describe the status of the State’s progress in each of the areas described in subsection (d), and the strategies the State is employing to help ensure that students in the subgroups described in section 1111(b)(2)(C)(v)(II) 1

1 See References in Text note below.

of the ESEA (20 U.S.C. 6311(b)(2)(C)(v)(II)) who have not met the State’s proficiency targets continue making progress toward meeting the State’s student academic achievement standards;

(3) describe the achievement and graduation rates (as described in section 1111(b)(2)(C)(vi) 1 of the ESEA (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations) of public elementary and secondary school students in the State, and the strategies the State is employing to help ensure that all subgroups of students identified in section 1111(b)(2) of the ESEA (20 U.S.C. 6311(b)(2)) in the State continue making progress toward meeting the State’s student academic achievement standards;

(4) describe how the State would use its grant funding to improve student academic achievement in the State, including how it will allocate the funds to give priority to high-need local educational agencies; and

(5) include a plan for evaluating the State’s progress in closing achievement gaps.

(d) Assurances

An application under subsection (b) shall include the following assurances:

(1) Maintenance of effort

(A) Elementary and secondary education

(B) Higher education

(2) Achieving equity in teacher distribution

(3) Improving collection and use of data

(4) Standards and assessments

The State—

(A) will enhance the quality of the academic assessments it administers pursuant to section 1111(b)(3) of the ESEA (20 U.S.C. 6311(b)(3)) through activities such as those described in section 6112(a) 1 of such Act (20 U.S.C. 7301a(a));

(B) will comply with the requirements of paragraphs (3)(C)(ix) and (6) of section 1111(b) 1 of the ESEA (20 U.S.C. 6311(b)) and section 612(a)(16) of the IDEA (20 U.S.C. 1412(a)(16)) related to the inclusion of children with disabilities and limited English proficient students in State assessments, the development of valid and reliable assessments for those students, and the provision of accommodations that enable their participation in State assessments; and

(C) will take steps to improve State academic span standards and student academic achievement standards consistent with section 9871(e)(1)(A)(ii) of this title.

(5) Supporting struggling schools

(6) Improving early childhood care and education

The State will take actions to—

(A) increase the number and percentage of low-income and disadvantaged children in each age group of infants, toddlers, and pre-schoolers who are enrolled in high-quality early learning programs;

(B) design and implement an integrated system of high-quality early learning programs and services; and

(C) ensure that any use of assessments conforms with the recommendations of the National Research Council’s reports on early childhood.

(Pub. L. 111–5, div. A, title XIV, § 14005, Feb. 17, 2009, 123 Stat. 282; Pub. L. 111–8, div. F, title V, § 523(d)–(f), Mar. 11, 2009, 123 Stat. 806; Pub. L. 112–10, div. B, title VIII, § 1832(b)(1), Apr. 15, 2011, 125 Stat. 164.)

§ 10006. State incentive grants

(a) In general

(1) Reservation

(2) Remainder

(b) Basis for grants

(1) In general

(2) Exception

(Pub. L. 111–5, div. A, title XIV, § 14006, Feb. 17, 2009, 123 Stat. 283; Pub. L. 111–117, div. D, title III, § 310, Dec. 16, 2009, 123 Stat. 3272; Pub. L. 112–10, div. B, title VIII, § 1832(b)(2), Apr. 15, 2011, 125 Stat. 164; Pub. L. 112–74, div. F, title III, § 308, Dec. 23, 2011, 125 Stat. 1100.)

§ 10007. Innovation Fund

(a) In general

(1) Eligible entitiesFor the purposes of this section, the term “eligible entity” means—

(A) a local educational agency; or

(B) a partnership between a nonprofit organization and—

(i) one or more local educational agencies; or

(ii) a consortium of schools.

(2) Program established

(3) Purpose of awardsThe Secretary shall make awards to eligible entities in order to identify, document, and bring to scale innovative best practices based on demonstrated success, to allow such eligible entities to—

(A) expand their work and serve as models for best practices; and

(B) work in partnership with the private sector and the philanthropic community.

(b) EligibilityTo be eligible for such an award, an eligible entity shall—

(1)

(A) have significantly closed the achievement gaps between groups of students described in section 6311(b)(2) 1

1 See References in Text note below.

of this title; or

(B) have demonstrated success in significantly increasing student academic achievement for all groups of students described in such section;

(2) have made significant improvement in other areas, such as graduation rates or increased recruitment and placement of high-quality teachers and school leaders, as demonstrated with meaningful data; and

(3) demonstrate that it has established one or more partnerships with the private sector, which may include philanthropic organizations, and that the private sector will provide matching funds in order to help bring results to scale.

(d) Subgrants

(Pub. L. 111–5, div. A, title XIV, § 14007, Feb. 17, 2009, 123 Stat. 284; Pub. L. 111–117, div. D, title III, § 307, Dec. 16, 2009, 123 Stat. 3271.)

§ 10008. State reports

For each year of the program under this chapter, a State receiving funds under this chapter shall submit a report to the Secretary, at such time and in such manner as the Secretary may require, that describes—

(1) the uses of funds provided under this chapter within the State;

(2) how the State distributed the funds it received under this chapter;

(3) the number of jobs that the Governor estimates were saved or created with funds the State received under this chapter;

(4) tax increases that the Governor estimates were averted because of the availability of funds from this chapter;

(5) the State’s progress in reducing inequities in the distribution of highly qualified teachers, in implementing a State longitudinal data system, and in developing and implementing valid and reliable assessments for limited English proficient students and children with disabilities;

(6) the tuition and fee increases for in-State students imposed by public institutions of higher education in the State during the period of availability of funds under this chapter, and a description of any actions taken by the State to limit those increases;

(7) the extent to which public institutions of higher education maintained, increased, or decreased enrollment of in-State students, including students eligible for Pell Grants or other need-based financial assistance; and

(8) a description of each modernization, renovation and repair project funded, which shall include the amounts awarded and project costs.

(Pub. L. 111–5, div. A, title XIV, § 14008, Feb. 17, 2009, 123 Stat. 285.)

§ 10009. Evaluation

The Comptroller General of the United States shall conduct evaluations of the programs under sections 10006 and 10007 of this title which shall include, but not be limited to, the criteria used for the awards made, the States selected for awards, award amounts, how each State used the award received, and the impact of this funding on the progress made toward closing achievement gaps.

(Pub. L. 111–5, div. A, title XIV, § 14009, Feb. 17, 2009, 123 Stat. 285.)

§ 10010. Secretary’s report to Congress

The Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of State reports, that evaluates the information provided in the State reports under section 10008 of this title and the information required by section 10005(b)(3) of this title including State-by-State information.

(Pub. L. 111–5, div. A, title XIV, § 14010, Feb. 17, 2009, 123 Stat. 285.)

§ 10011. Prohibition on provision of certain assistance

No recipient of funds under this chapter shall use such funds to provide financial assistance to students to attend private elementary or secondary schools, unless such funds are used to provide special education and related services to children with disabilities, as authorized by the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

(Pub. L. 111–5, div. A, title XIV, § 14011, Feb. 17, 2009, 123 Stat. 285; Pub. L. 111–8, div. F, title V, § 523(g), Mar. 11, 2009, 123 Stat. 806.)

§ 10012. Fiscal relief

(a) In general

(b) Duration

(d) Maintenance of effort

(e) Subsequent level of effort

(Pub. L. 111–5, div. A, title XIV, § 14012, Feb. 17, 2009, 123 Stat. 285; Pub. L. 111–8, div. F, title V, § 523(h), Mar. 11, 2009, 123 Stat. 806.)

§ 10013. DefinitionsExcept as otherwise provided in this chapter, as used in this chapter—

(1) the terms “elementary education” and “secondary education” have the meaning given such terms under State law;

(2) the term “high-need local educational agency” means a local educational agency—

(A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or

(B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line;

(3) the term “institution of higher education” has the meaning given such term in section 1001 of this title;

(4) the term “Secretary” means the Secretary of Education;

(5) the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and

(6) any other term used that is defined in section 7801 1

1 See References in Text note below.

of this title shall have the meaning given the term in such section.

(Pub. L. 111–5, div. A, title XIV, § 14013, Feb. 17, 2009, 123 Stat. 286.)