20 U.S.C. § 7116

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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-

(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, 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 programs and activities 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 activities in order to meet the purpose of this subpart and to coordinate such implementation with other related strategies, programs, and activities being conducted in the community.

(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 experiences supported by technology and professional development for the effective use of data and technology.
(2) Exception

A local educational agency receiving an allocation 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 assessment under paragraph (1).

(3) Frequency of needs assessment

Each local educational agency, or consortium of local educational agencies, shall conduct the needs assessment described in paragraph (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 programming 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 organization, community-based organization, or other public or private entity with a demonstrated 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 periodically evaluate the effectiveness of the activities carried out under this section based on such objectives and outcomes.
(2) Assurances

Each application shall include assurances that the local educational agency, or consortium of such agencies, will-

(A) prioritize the distribution of funds to schools served by the local educational agency, or consortium of such agencies, that-
(i) are among the schools with the greatest needs, as determined by such local educational agency, or consortium;
(ii) have the highest percentages or numbers 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 section 6311(d)(2) of this title; or
(v) are identified as a persistently dangerous public elementary school or secondary school under section 7912 of this title;
(B) comply with section 7881 of this title (regarding equitable participation by private school children and teachers);
(C) use not less than 20 percent of funds received under this subpart to support one or more of the activities authorized under section 7117 of this title;
(D) use not less than 20 percent of funds received 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 activities 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 section 7119(b) of this title; and
(F) annually report to the State for inclusion in the report described in section 7114(a)(2) of this title how funds are being used under this subpart to meet the requirements of subparagraphs (C) through (E).
(f) Special rule

Any local educational agency receiving an allocation 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).

20 U.S.C. § 7116

Pub. L. 89-10, title IV, §4106, as added Pub. L. 114-95, §4101, 129 Stat. 1974.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 7116, Pub. L. 89-10, title IV, §4116, as added Pub. L. 107-110, §401, Jan. 8, 2002, 115 Stat. 1750, related to reporting by States and local educational 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, §101, 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 amendment of Pub. L. 89-10 by Pub. L. 103-382.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.

State educational agency
The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
State
The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
child
The term "child" means any person within the age limits for which the State provides free public education.
community-based organization
The term "community-based organization" means a public or private nonprofit organization of demonstrated effectiveness that-(A) is representative of a community or significant segments of a community; and(B) provides educational or related services to individuals in the community.
elementary school
The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
professional development
The term "professional development" means activities that-(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that-(i) improve and increase teachers'-(I) knowledge of the academic subjects the teachers teach;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) improve classroom management skills;(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;(vi) advance teacher understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.
specialized instructional support personnel
The term "specialized instructional support personnel" means-(i) school counselors, school social workers, and school psychologists; and(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 1401 of this title) as part of a comprehensive program to meet student needs.
technology
The term "technology" means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.
well-rounded education
The term "well-rounded education" means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience.