§10005 — Title 20 Education | U.S. Code

Summary

Governors who want an allocation must send an application to the Secretary when and how the Secretary asks, and include the information the Secretary requires. The application must promise certain things, give baseline data showing the State’s current status, and explain how the State will use the money. The explanation must say if any of the money will be used to meet maintenance-of-effort rules under the ESEA and IDEA, and how much. A Governor asking for a grant must also describe the State’s progress and the strategies it is using to help student subgroups named in the federal education law who are not meeting proficiency targets, report current achievement and graduation rates for public schools, explain how grant funds would be used (giving priority to high‑need local districts), and include a plan to measure progress closing achievement gaps. The application must also include a set of promises. The State must keep K–12 funding at least at the level it was in fiscal year 2006 in each of fiscal years 2009, 2010, and 2011, and do the same for public higher education funding (excluding capital projects, research and development, and student tuition/fees). The State must act to improve teacher effectiveness and fix unequal teacher distribution, build a long-term student data system with required elements, improve the quality and inclusiveness of assessments (including for students with disabilities and English learners), follow requirements for identified schools, and expand and coordinate high-quality early learning for low-income and disadvantaged young children using appropriate assessment practices.

Title 20, §10005

Education — Source: USLM XML via OLRC

(a)The Governor of a State desiring to receive an allocation under section 10001(d) of this title shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require.

(b)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.

(c)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) 11 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)An application under subsection (b) shall include the following assurances:

(1)(A)The State will, in each of fiscal years 2009, 2010, and 2011, maintain State support for elementary and secondary education at least at the level of such support in fiscal year 2006.

(B)The State will, in each of fiscal years 2009, 2010, and 2011, maintain State support for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at least at the level of such support in fiscal year 2006.

(2)The State will take actions to improve teacher effectiveness and comply with section 1111(b)(8)(C) 1 of the ESEA (20 U.S.C. 6311(b)(8)(C)) in order to address inequities in the distribution of highly qualified teachers between high- and low-poverty schools, and to ensure that low-income and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers.

(3)The State will establish a longitudinal data system that includes the elements described in section 9871(e)(2)(D) of this title.

(4)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 content standards and student academic achievement standards consistent with section 9871(e)(1)(A)(ii) of this title.

(5)The State will ensure compliance with the requirements of section 1116(b)(7)(C)(iv) 1 and section 1116(b)(8)(B) 1 of the ESEA with respect to schools identified under such sections.

(6)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

ESEA, referred to in subsec. (b)(3), is the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 6301 of this title and Tables. IDEA, referred to in subsec. (b)(3), is the Individuals with Disabilities Education Act, Pub. L. 91–230, title VI, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. section 1111 of the ESEA, referred to in subsecs. (c)(2), (3) and (d)(2), (4)(A), (B), is section 1111 of Pub. L. 89–10, which is classified to section 6311 of this title. section 1111 was amended generally by Pub. L. 114–95, title I, § 1005, Dec. 10, 2015, 129 Stat. 1820, and as so amended, does not contain a subsec. (b)(2)(C)(v), (vi), (3)(C)(ix), (6), or (8)(C). section 9871 of this title, referred to in subsec. (d)(3), (4)(C), was in the original “section 6401”, and was translated as meaning section 6201 of Pub. L. 110–69 to reflect the probable intent of Congress and the renumbering of section 6401 of Pub. L. 110–69 as section 6201 by Pub. L. 111–358, title X, § 1002(b)(3), Jan. 4, 2011, 124 Stat. 4048. section 6112 of the ESEA, referred to in subsec. (d)(4)(A), is section 6112 of Pub. L. 89–10, which was classified to section 7301a of this title, prior to repeal by Pub. L. 114–95, § 5, title V, § 5001(b)(1), Dec. 10, 2015, 129 Stat. 1806, 2040, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. section 1116 of the ESEA, referred to in subsec. (d)(5), is section 1116 of Pub. L. 89–10, which was classified to section 6316 of this title, prior to repeal by Pub. L. 114–95, § 5, title I, § 1000(1), Dec. 10, 2015, 129 Stat. 1806, 1814, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. section 1000(2) of Pub. L. 114–95 renumbered section 1118 of Pub. L. 89–10 as section 1116, which is classified to section 6318 of this title. section 6318 does not contain a subsec. (b)(7) or (8).

Amendments

2011—Subsec. (d)(6). Pub. L. 112–10 added par. (6). 2009—Subsec. (a). Pub. L. 111–8, § 523(d), substituted “10001(d)” for “10001”. Subsec. (d)(4)(C). Pub. L. 111–8, § 523(e), substituted “9871(e)(1)(A)(ii)” for “9871(e)(1)(9)(A)(ii)”. Subsec. (d)(5). Pub. L. 111–8, § 523(f), substituted “1116(b)(7)(C)(iv)” for “1116(a)(7)(C)(iv)” and “1116(b)(8)(B)” for “1116(a)(8)(B)”.

§10005 State Applications