pi ESTADO LIBRE ASOCIADO DE PUERTO RICO DEPARTAMENTO DE EDUCACION OFICINA DE ASUNTOS FEDERALES Seccidn de.Ley Titulo V, Parte A /nnovative Programs Puede obtener una copia completa de la Ley de Educacién Elemental y Secundaria de 1965,.segin enmeridada por la No Child Left Behind Act of 2007 en www.ed.gov.TITLE V—PROMOTING INFORMED PA- RENTAL CHOICE AND INNOVATIVE PROGRAMS SBC: 601, INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVIL SIONS, ‘Title V (20 U.S.C. 7202 et seq.) is amended to read as follows: “TITLE V—PROMOTING INFORMED PA- RENTAL CHOICE AND INNOVATIVE PROGRAMS “PART A—INNOVATIVE PROGRAMS: “SEC, $201. PURPOSES, STATE AND LOCAL RESPONSIBILITY. “(a) Funroszs—The purposes of this part are the following: “(2) Ta support local education reform efforts that are com sistent with and support statewide education reform effortsHR 1-853 “(2) To provide funding to enable State educetional agencies and local éducational agencies to implement promising edu- cational reform programs and school improvement programs based on scientifically based research. (9) To provide a continuing source of innovation and edu- cational improvement, including support programs to provide Hbrery services and instructional and media materials. "(@) To meet the educational ageds of all students, including atrigk youth. ° “(S) To develop end implement education programs to Smprove school, student, and teacher performance, including professional development activities and class size reduction pro- grams, Gp) Stare anp Loca RESPONSIBILITY The State educational agency shall bear the basic responsibility for the administration of funds made available under this part, but it is the intent of Congress“that the responsibility be carried out with a minizum of paperwork end thet the responsibility for the design and implementation of programs assisted under this part be mainly that of local eduestional agencies, echool superintendents and prin- cipals, and classroom teachers and supporting personnel, because local educational agencies and individuals have the most direct contact with students and are most likely to be able to design prograins to meet the educational needs of students in their own ‘school districts. “Subpart 1—State and Local Programs *SBC, 11, ALLOTMENT 70 STATES. “(a) IN GENERAL—From the sums appropriated to carry out this part for cach fiscal year and not reserved under subsection (®), the Secretary shall allot, and make available in accordance with this part, to each State’ educational agency an amount that bears the same rato to such sums as the school-age population af the State bears to the gehool-age population of all States, except that no State shall receive less than en amount equal to one half of] percent of such sums. “(p) RESERVATION —From the sums appropriated to carryout this part for each fiscal year, the Secretery shell reserve not more than'1 percant for payments to the outlying areas, to be allotted in accordance with their respective needs for assistance under this, pet. “SBC. 112, ALLOCATION TO LOCAL EDUCATIONAL AGENCIES, “(a) Disramumon Rote — “(1) ALLOCATION OF BASE AMOUWTS—From the amotnt made available to a State educational agency under this part for a Sscal year, the State educational agency shall distribute, to local educational agencies within the State, an amount thet is not less then 85 percent of the amount made_ available to the State educational agency under this part for Sscal year 2002, secording to the relative enrollments in public and in private nonprofit schools within the jurisdictions of such local Educational agencies, adjusted, in accordance with criteriaER 1-854 approved by the Secretary, to provide higher per-pupil alloce- Hons to local edscational agencies that have the greatest num bers or percentages of children whose education imposes a bigher-than-average cast per child, such as— “(A) children living in areas with high concentrations cf ecqnomically disadvantaged farnilies; “@) children from economically disadventaged families; “(O) children living in sparsely populated areas. “(2) AuLocation OF INCREASED AMOUNTS —From the amount made available to a State educational agency under this part for a fiscal year that exceeds the amount made avail able to the agency under this part for Ascal year 2002, the State educational agency shall sistribute 100 percent (or, in the case of a State educational agency reciving @ minimum allotinent under section §111(a), not less than 50 percent, not- ‘withstanding subsection (b)) to local educational agencies within the State, on the same basis as the State educational agency distribuist amounts under paragraph (1). SQ) Laaranions wn Requinmcents —Not more than 15 per- cant of funds made available under section 5111 for State programs under this part for any fiscal year may be used for State administra Hox uader section 5121. ©) CALCULATION OF ExnowiaceTs — (2) In GENERAL —The calculation of relative enrollments ‘under subsection (a)(1) shall be on the basis of the total of— “(A) the number of children enrolled in public schools; aad and “@), ihe number of cilzen enrolled io private ng prot scpouls that parueipated ia programs aststed acer Ens pert for the Feat peer ‘rectding the Seca year fr Pid tos determination le mate ED Rove os CONSTRUCTION Nothing in this exbsection shall diminish the responaibibty of eack local educational agency to contact, on an annual basis, appropriate oiScials BE Fevate aunprobt senouls wats tne cree served by sack agencies in order to determine whether such schools desire 2E¢ hei hdlchen pectitpate in programe assieted ander hus art “(@) Apyusmemrrs— *(A) STATE CRITERIA—Relative enrollments calculated under subsection (aX1) shall be adjusted, in accordance wath citenis approved by the Secretary under subpare- graph (B), to provide higher per-pupil allocations only to Iccal educaticnal agencies thet serve the greatest numbers or s of — PA neg ig eau th gh cman tions of economically disadvantaged families; Gi) childrea irom economically disadvantaged families; or . “(ii) children living in, sparsely populated aresé. *@) Review oF carrenia.—The Secretary shall review cataria submitted by 8 State edurstionsl agency fr adjusting allocations under paragraph (1) and shell approve such criteria only af the Secretary determines that such itera are reasonably taleulated to produce, ap adjusted allocation that rellects the relative needs of the State'sHR 1-355 Jocal educational agencies based on the factors set forth in subparagraph (A). “(@) Panag OF AttocaTions — “@) Distamorion,—From the funds paid to a State edu- cational agency ‘under this subpart for a Hscal year, the State educational agency shall yute to each eligible local edu- cational agency that has submitted an application az required section 6188 the amount of such local educational agency's location, as determined under subsection (a). “(2) ADDITIONAL FONDS. — (a) Use Additional fonds resulting from higher per- pupil allocations provided to a local educational agency on the basis of adjusted enrollments of children described in subsection (a\i) may, in the discretion of the local ‘educational agency, be allocated fat expenditures to provide services for children enrolled in public schools and private Rouprott, schools in Gigect proportion tp the nusnber of children described in subsection (aX1) and enrolled in such schools within the area served by the local educational agency. “(B) ALLOCATION.—In any fiscal year, any local edv- cational agency that elects to allocate such additional funds ‘the manner described in subparagraph (A) shall allocate al additional funds to schools within the area served by the local educational agency in such manner. “(C) RULE OF consTRUCTION.—Subparagraphs (A) and (B) may not be construed to require any school to imit the use of the additional funds described in subparagraph (A) to the provision of services to specific students er cat- egories of students. “Subpart 2—State Programs S80. 5121. STATE USES OF FUNDS. “A State educational agency may use funds made available for State use under section §112(6) only for one or more of the following: geGhgSisi® séministration of programs under this part *(A) allocating funds to local educational agencies; “@) planning, supervising, and processing State edu- cational agency funds; end “(C) monitoring and evaluating programs under this part (2) Support for the planning, design, and initial ‘implementation of charter echoele as daserbed pare B “G) Statewide education, reform, school improvement pro- grams aid technical assistance and direct grants 19 local edu- setional agencies, which assist such agencies under section “a Support for the design and implementation of high- quality easy shadent asecesmnts a : “(8) Support, for implementation of challenging State an local academic achievement standards. “(6) Support for arrangements that provide for independent anslysis to measure and report on school district achievement.ELR, 1-956 “(7) Support for the program described in section 821 of ‘the Departments of Labor, Health and Human Services, and Bdueation, and Related Agencies Appropriations Act, 2001 (as enacted into law by section M(aX1) of Public Law 106-554). “(B) Support for programs to assist in the implementation of the policy described in section 9507 which may include yment of reasonable transportation costs and tuitin costs Ee such students, “SBC. 5122, STATE APPLICATIONS. (a) APPLICATION RequiREcENTS—Any State that desires to receive assistance under this part shall submit to the Secretary an application that includes each of the following: “(Q) Designation of the State educational State agency responsible for administration an of programs assisted under this part, "(2) Provision for an annual statewide summary of how assistance under this part is contributing toward improving student academic achievement or improving the quality of edu- cation for students, “(3) Information setting forth the allocation of funds required to implement section 5142. (4) A provision that the State educational agency will keep such records, end provide such information to the Sec- retary, as may be required for Bical audit and program evalua~ tion (consistent with the responsibilities of the Secretary under this section). "(G) An assurance thet, apart from providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised, and will not exercise, any influence in the decisionmaking processes of local educational agencies 15 to the expenditure made pursuant to an application submitted under section 5153, 'K(G) An assurance thet there is compliance with the specific requirements of this part "(7) Provision for timely public notice and public dissemina- tion of the information provided under paragraph (8). "@), Scatewibe StROMRY.—The statewide summery referred k tion (a\(2) shall be submitted annually to the Secretary and shall be derived from the evaluation information submrtret ‘by local educational agencies 10 the State educational agency under section 51330bX8). The State educational agency shall determine the format and content of such summary and may include i the fummary statistical measures, such as the number of students served by each type of innovative assistance program described in section 5181 and the number of teachers trained. ‘(c) PERIOD OF APPLICATION.—An application submitted by the State educational agency under Subsection (a) shall be for a period not to exceed 3 years. The agency may amend the application Sioually, as gay be necessary to reflect changes, without fling anew application md) AUDIT RULE.W—A local edveational agency thet receives less than an average of $10,000 under this pert for any 3 consecutive Escal years shall not be audited more frequently than once every 5 years. jency as the ‘supervisionHLR.1-967 “Subpart 3—Local Innovative Education Programs “S80, 5181, LOCAL USES OF FUNDS. “(q) INNOVATIVE AssistaNcR Procrams.—Funds made avail- able to local educational agencies under section 5112 shell be used {for innovative assistance programs, which may include any of the following: “(a) Programs to recruit, train, and hire highly qualified teachers to reduce class size, especially in the early grades, and professional development activities carried out in accord ance with title Il, that give teachers, principals, and administra- tors the knowledge and skills to ‘provide students with the opportunity to meet challenging State or local academic content standards and student academic achievement standards. “(2) Technology activities related to the implementation of school-based reform efforts, including professional develop- ment t assist teachers and other school personnel: (including school brary media personnel) regarding how to use technology effectively in the classrooms and the school library media cen- ters involved, "(G) Programs for the development or acquisition and use of instructional and educational materials, including library services and materials (including media materials), academic assessments, reference materials, computer software and hard- ware for instructional use, and other curricular materials that are tied to high academic standards, that will be used to improve student academic achievement, and that are part of ts byerlledusaton reform program sect “(4) Promising education reform projects, including magnet schools “(S) Programs to improve the academic achievement of educationally disadvantaged elementary school and secondary School students, including activites to prevent students from dropping out of school. 'G) Programs to impzove the literacy skills of adults, expe- cially the parents of children served by the local educational agency, including adult education and family literacy programe, “(i) Progeams to provide for the edacational needs of gifted and talented children (8) The planning, design, and initial implementation of charter schools as described in part 3. "(@) School iseprovement programs or activities onder sec- ‘ons 1116 end 1117. “(10) Community service prograins that use qualified school personnel to train and mobilize young people to measurably Seengthen their communities through nonviolence, responsi- bility, compassion, respect, and moral courage. “aa) Activities to promote consumer, economic, and per- somal Snance education, such as disseminating information on gad encouraging use of the best pracioes fr, teaching the basic principles of economics and promoting the concept of achieving Snancial literacy through the teaching of personal Enancial management skills (including the basic principles involved with earning, spending, saving, and investing),HR 1358 “(22) Activities to promote, implement, or expend public school choice. ® plement oF expand FS “(13) Programs to hire and support school nurses. "(4) Expansion and improvement, of school-based mental health services, including early identification of drug use and violence, assesement, and direct individual or group counseling pervioes provided to students, parents, and school personnal by qualified school-based mental health services personnel "(15) Alternative educational programs for those students scho have been expelled or suspended from their regular edu- cational setting, including programs to assist students to reenter the regular educational setting upon return from treat- iment or alternative educational programe. “(16) Programs to esteblich or enhance prekindergarten programs for children. (17) Academic intervention programs that are operated jointly with community-based organizations and thet support ‘academic enrichment, and counseling programs conducted during the school day (including during extended school day of extended school year programs), for students most at risi of not meeting challenging State academic achievement stand ards or not completing secondary school. ‘(18) Programs for cardiopulmonary resuscitation (CPR) training in schools. *(18) Brograms to establish suialler learning communities. "Q0) Activities that encourage and expand improvements throughout the azea served by the local educational agency thet.are designed to advance student academic achievement. ‘@i) Initiatives to generate, maintain, and strengthen parental aad community involvement op) Programs, ad “sctvites that, cman leering opportunities through best-practice models designed to ismprove ieroom learning and teaching (28) Programs to provide samegender schools and class- rooms (conéistent with applicable lew). (24) Service learning activities, (25) School safety programs, including programs to imple ment the policy desenbed in ection 9607 and which may include payment of reasonable transportation costs snd tuition costs far such students, “(26) Programs that employ rescarch-based cognitive and perceptual development approaches end rely on a diagnostic. Prescriptive model to improve students’ leaming of academic foutent 2t the preschool, elementary, and secondary levels “G7) Supplemental educational services, as defined in sec- Bon 121602) ") “Requuemanrs—The innovative assistance programs tba is ubgercn (a) shall be was “(1 tied to promoting challenging academfe achievement standards; . (2) azed to improve student academic achievement; end (5) part of an overall education reform strategy. “) Gumennies—Not later than 120 days after the date of enaciment of the No Child Left Behind Act of 2001, the Secretary shall issue guidelines for local educational agencies seeking funding for programs deseribed in subsection (2)(28).