§6303 — Title 20 Education | U.S. Code

Summary

States must set aside the larger of two amounts for school improvement: either 7 percent of the money the state gets under subpart 2 of part A, or the total of what the state set aside for fiscal year 2016 and what it received for fiscal year 2016 under subsection (g) as of the day before December 10, 2015. At least 95 percent of that set-aside must be given as grants to local school districts, by formula or competition, to help schools doing comprehensive or targeted improvement under section 6311(d). With a district’s approval, the state can instead provide the help directly or arrange it through support teams or outside providers. The small remaining share is for the state to decide how to allocate funds, make sure grants cover different parts of the state and are big enough, monitor and evaluate use of funds, and reduce barriers so schools can implement improvements. Grants can run up to 4 years and may include a planning year. Districts must apply and explain how they will make and support improvement plans, monitor schools, choose and check outside partners, align other funding, and, if needed, change procedures so schools can use the money well. Districts must also promise that each school will still get the state and local money it would have had otherwise. States must give priority to districts serving many schools with improvement plans, those with the greatest need, and those most committed to helping their lowest‑performing schools. If the state reserved more money than needed, it must return the excess to districts based on their regular allocations or under section 6338(c). Beginning in fiscal year 2018, the set-aside cannot reduce any district’s regular formula funding below what it got the year before. The state must report which districts and schools got funds, how much each school got, and what strategies were used.

Title 20, §6303

Education — Source: USLM XML via OLRC

(a)To carry out subsection (b) and the State educational 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 receives 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 December 10, 2015; and

(B)received for fiscal year 2016 under subsection (g), as in effect on the day before December 10, 2015.

(b)Of the amount reserved under subsection (a) for any fiscal year, the State educational agency—

(1)(A)shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title; or

(B)may, with the approval of the local educational agency, directly provide for these activities 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 receiving 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 effectively implement selected strategies;

(B)monitoring and evaluating the use of funds by local educational agencies receiving 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 targeted support and improvement activities under section 6311(d) of this title.

(c)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)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 improvement activities or targeted support and improvement activities, if such entities are legally constituted or recognized as local educational agencies in the State.

(e)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 receiving funds under this section, including how the local educational agency will—

(A)develop comprehensive support and improvement plans under section 6311(d)(1) of this title for schools receiving funds under this section;

(B)support schools developing or implementing 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 educational agency will carry out its responsibilities 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 recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner;

(E)align other Federal, State, and local resources to carry out the activities supported with funds received under subsection (b)(1); and

(F)as appropriate, modify practices and policies to provide operational flexibility that enables full and effective implementation 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 receive all of the State and local funds it would have received in the absence of funds received under this section.

(f)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)If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with—

(1)the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or

(2)section 6338(c) of this title.

(h)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)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 received funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds.

Notes & Related Subsidiaries

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 unused 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 families with incomes below poverty line, and grants program for assistance for local school improvement.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 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 a note under section 6301 of this title.

§6303 School improvement