ESEA Title IV http://www.k12newsnetwork.com/esea-titleiv ESEA Title IV (No Child Left Behind, 2002) & revisions Tue, 21 Jun 2011 20:17:29 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 Title IV — 21st Century Schools — Sec. 401 21st Century Schools — Part C — Environmental Tobacco Smoke — SEC. 4304. PREEMPTION. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4304-preemption/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4304-preemption/#comments Tue, 22 Mar 2011 16:04:18 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=44 SEC. 4304. PREEMPTION.

Nothing in this part is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this part.
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]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4304-preemption/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools — Part C — Environmental Tobacco Smoke — SEC. 4303. NONSMOKING POLICY FOR CHILDREN’S SERVICES. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4303-nonsmoking-policy-for-childrens-services/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4303-nonsmoking-policy-for-childrens-services/#comments Tue, 22 Mar 2011 16:03:16 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=43 SEC. 4303. NONSMOKING POLICY FOR CHILDREN’S SERVICES.

(a) PROHIBITION- After the date of enactment of the No Child Left Behind Act of 2001, no person shall permit smoking within any indoor facility owned or leased or contracted for, and utilized, by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children.

(b) ADDITIONAL PROHIBITION-

(1) IN GENERAL- After the date of enactment of the No Child Left Behind Act of 2001, no person shall permit smoking within any indoor facility (or portion of such a facility) owned or leased or contracted for, and utilized by, such person for the provision of regular or routine health care or day care or early childhood development (Head Start) services.

(2) EXCEPTION- Paragraph (1) shall not apply to —

(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and

(B) any private residence.

(c) FEDERAL AGENCIES-

(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR LIBRARY SERVICES- After the date of enactment of the No Child Left Behind Act of 2001, no Federal agency shall permit smoking within any indoor facility in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children.

(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOPMENT SERVICES-

(A) IN GENERAL- After the date of enactment of the No Child Left Behind Act of 2001, no Federal agency shall permit smoking within any indoor facility (or portion of such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood development (Head Start) services to children.

(B) EXCEPTION- Subparagraph (A) shall not apply to —

(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and

(ii) any private residence.

(3) APPLICATION OF PROVISIONS- The provisions of paragraph (2) shall also apply to the provision of such routine or regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not subject to paragraph (1).

(d) NOTICE- The prohibitions in subsections (a) through (c) shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of children’s services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after the date of enactment of the No Child Left Behind Act of 2001, whichever occurs first.

(e) CIVIL PENALTIES-

(1) IN GENERAL- Any failure to comply with a prohibition in this section shall be considered to be a violation of this section and any person subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or may be subject to an administrative compliance order, or both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any civil penalty assessed under this section, the total amount shall not exceed 50 percent of the amount of Federal funds received under any title of this Act by such person for the fiscal year in which the continuing violation occurred. For the purpose of the prohibition in subsection (c), the term person’, as used in this paragraph, shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children.

(2) ADMINISTRATIVE PROCEEDING- A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued under paragraph (1), by the Secretary only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before making such assessment or issuing such order, or both, the Secretary shall give written notice of the assessment or order to such person by certified mail with return receipt and provide information in the notice of an opportunity to request in writing, not later than 30 days after the date of receipt of such notice, such hearing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form that may be used to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and place for such hearing, which shall be located, to the greatest extent possible, at a location convenient to such person. The Secretary (or the Secretary’s designee) and such person may consult to arrange a suitable date and location where appropriate.

(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER- In determining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate —

(A) the nature, circumstances, extent, and gravity of the violation;

(B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and

C) such other matters as justice may require.

(4) MODIFICATION- The Secretary may, as appropriate, compromise, modify, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from any sums that the United States or the agencies or instrumentalities of the United States owe to the person against whom the penalty is assessed.

(5) PETITION FOR REVIEW- Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy of the petition to the Secretary or the Secretary’s designee. The petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.

(6) FAILURE TO COMPLY- If a person fails to pay an assessment of a civil penalty or comply with an order, after the assessment or order, or both, are final under this section, or after a court has entered a final judgment under paragraph (5) in favor of the Secretary, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at prevailing rates from the day the assessment or order, or both, are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4303-nonsmoking-policy-for-childrens-services/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools — Part C — Environmental Tobacco Smoke — SEC. 4302. DEFINITIONS. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4302-definitions/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4302-definitions/#comments Tue, 22 Mar 2011 16:01:40 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=42 SEC. 4302. DEFINITIONS.

As used in this part:

(1) CHILDREN- The term children’ means individuals who have not attained the age of 18.

(2) CHILDREN’S SERVICES- The term children’s services’ means the provision on a routine or regular basis of health, day care, education, or library services —

(A) that are funded, after the date of enactment of the No Child Left Behind Act of 2001, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs —

(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act); or

(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Regulations (or any corresponding similar regulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966; or

(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate head of a Federal agency in any enforcement action carried out under this part,

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966.

(3) INDOOR FACILITY- The term indoor facility’ means a building that is enclosed.

(4) PERSON- The term person’ means any State or local subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who owns or operates or otherwise controls and provides such services.

(5) SECRETARY- The term Secretary’ means the Secretary of Health and Human Services.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4302-definitions/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools — Part C — Environmental Tobacco Smoke — SEC. 4301. SHORT TITLE. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4301-short-title/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4301-short-title/#comments Tue, 22 Mar 2011 16:00:34 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=41 SEC. 4301. SHORT TITLE.

This part may be cited as the ‘Pro-Children Act of 2001′.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-c-%e2%80%94-environmental-tobacco-smoke-sec-4301-short-title/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools –Part B — 21st Century Community Learning Centers — SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4206-authorization-of-appropriations/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4206-authorization-of-appropriations/#comments Tue, 22 Mar 2011 15:58:36 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=40 SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated —

(1) $1,250,000,000 for fiscal year 2002;

(2) $1,500,000,000 for fiscal year 2003;

(3) $1,750,000,000 for fiscal year 2004;

(4) $2,000,000,000 for fiscal year 2005;

(5) $2,250,000,000 for fiscal year 2006; and

(6) $2,500,000,000 for fiscal year 2007.

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]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4206-authorization-of-appropriations/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools –Part B — 21st Century Community Learning Centers — SEC. 4205. LOCAL ACTIVITIES. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4205-local-activities/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4205-local-activities/#comments Tue, 22 Mar 2011 15:56:10 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=39 SEC. 4205. LOCAL ACTIVITIES.

(a) AUTHORIZED ACTIVITIES- Each eligible entity that receives an award under this part may use the award funds to carry out a broad array of before and after school activities (including during summer recess periods) that advance student academic achievement, including —

(1) remedial education activities and academic enrichment learning programs, including providing additional assistance to students to allow the students to improve their academic achievement;

(2) mathematics and science education activities;

(3) arts and music education activities;

(4) entrepreneurial education programs;

(5) tutoring services (including those provided by senior citizen volunteers) and mentoring programs;

(6) programs that provide after school activities for limited English proficient students that emphasize language skills and academic achievement;

(7) recreational activities;

(8) telecommunications and technology education programs;

(9) expanded library service hours;

(10) programs that promote parental involvement and family literacy;

(11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; and

(12) drug and violence prevention programs, counseling programs, and character education programs.

(b) PRINCIPLES OF EFFECTIVENESS-

(1) IN GENERAL- For a program or activity developed pursuant to this part to meet the principles of effectiveness, such program or activity shall —

(A) be based upon an assessment of objective data regarding the need for before and after school programs (including during summer recess periods) and activities in the schools and communities;

(B) be based upon an established set of performance measures aimed at ensuring the availability of high quality academic enrichment opportunities; and

(C) if appropriate, be based upon scientifically based research that provides evidence that the program or activity will help students meet the State and local student academic achievement standards.

(2) PERIODIC EVALUATION-

(A) IN GENERAL- The program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing high quality opportunities for academic enrichment.

(B) USE OF RESULTS- The results of evaluations under subparagraph (A) shall be —

(i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and

(ii) made available to the public upon request, with public notice of such availability provided.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4205-local-activities/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools –Part B — 21st Century Community Learning Centers — SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4204-local-competitive-grant-program/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4204-local-competitive-grant-program/#comments Tue, 22 Mar 2011 15:54:52 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=38 SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.

(a) IN GENERAL- A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to eligible entities for community learning centers in accordance with this part.
(b) APPLICATION-

(1) IN GENERAL- To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require.

(2) CONTENTS- Each application submitted under paragraph (1) shall include–

(A) a description of the before and after school or summer recess activities to be funded, including–

(i) an assurance that the program will take place in a safe and easily accessible facility;

(ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home; and

(iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible;

(B) a description of how the activity is expected to improve student academic achievement;

(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program to make the most effective use of public resources;

(D) an assurance that the proposed program was developed, and will be carried out, in active collaboration with the schools the students attend;

(E) a description of how the activities will meet the principles of effectiveness described in section 4205(b);

(F) an assurance that the program will primarily target students who attend schools eligible for schoolwide programs under section 1114 and the families of such students;

(G) an assurance that funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds;

(H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate;

(I) an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families);

(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students;

(K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends;

(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application;

(M) if the eligible entity plans to use senior volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified seniors to serve as the volunteers; and

(N) such other information and assurances as the State educational agency may reasonably require.

(c) APPROVAL OF CERTAIN APPLICATIONS- The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school.
(d) PERMISSIVE LOCAL MATCH-

(1) IN GENERAL- A State educational agency may require an eligible entity to match funds awarded under this part, except that such match may not exceed the amount of the grant award and may not be derived from other Federal or State funds.

(2) SLIDING SCALE- The amount of a match under paragraph (1) shall be established based on a sliding fee scale that takes into account–

(A) the relative poverty of the population to be targeted by the eligible entity; and

(B) the ability of the eligible entity to obtain such matching funds.

(3) IN-KIND CONTRIBUTIONS- Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions.

(4) CONSIDERATION- Notwithstanding this subsection, a State educational agency shall not consider an eligible entity’s ability to match funds when determining which eligible entities will receive awards under this part.

(e) PEER REVIEW- In reviewing local applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications.
(f) GEOGRAPHIC DIVERSITY- To the extent practicable, a State educational agency shall distribute funds under this part equitably among geographic areas within the State, including urban and rural communities.
(g) DURATION OF AWARDS- Grants under this part may be awarded for a period of not less than 3 years and not more than 5 years.
(h) AMOUNT OF AWARDS- A grant awarded under this part may not be made in an amount that is less than $50,000.
(i) PRIORITY-

(1) IN GENERAL- In awarding grants under this part, a State educational agency shall give priority to applications–

(A) proposing to target services to students who attend schools that have been identified as in need of improvement under section 1116; and

(B) submitted jointly by eligible entities consisting of not less than 1–

(i) local educational agency receiving funds under part A of title I; and

(ii) community-based organization or other public or private entity.

(2) SPECIAL RULE- The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4204-local-competitive-grant-program/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools –Part B — 21st Century Community Learning Centers — SEC. 4203. STATE APPLICATION. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4203-state-application/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4203-state-application/#comments Tue, 22 Mar 2011 15:52:59 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=37 SEC. 4203. STATE APPLICATION.

(a) IN GENERAL- In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that —

(1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part;

(2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities;

(3) contains an assurance that the State educational agency will make awards under this part only to eligible entities that propose to serve —

(A) students who primarily attend —

(i) schools eligible for schoolwide programs under section 1114; or

(ii) schools that serve a high percentage of students from low-income families; and

(B) the families of students described in subparagraph (A);

(4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet local content and student academic achievement standards;

(5) describes how the State educational agency will ensure that awards made under this part are —

(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and

(B) in amounts that are consistent with section 4204(h);

(6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, and dissemination of promising practices;

(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate;

(8) contains an assurance that the State educational agency —

(A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and

(B) will require each eligible entity seeking such an award to submit a plan describing how the community learning center to be funded through the award will continue after funding under this part ends;

(9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs;

(10) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed;

(11) provides an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before and after school (or summer school) programs, the heads of the State health and mental health agencies or their designees, and representatives of teachers, parents, students, the business community, and community-based organizations;

(12) describes the results of the State’s needs and resources assessment for before and after school activities, which shall be based on the results of on-going State evaluation activities;

(13) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum —

(A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities; and

(B) public dissemination of the evaluations of programs and activities carried out under this part; and

(14) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission.

(b) DEEMED APPROVAL- An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part.

(c) DISAPPROVAL- The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and opportunity for a hearing.

(d) NOTIFICATION- If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall —

(1) give the State educational agency notice and an opportunity for a hearing; and

(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall —

(A) cite the specific provisions in the application that are not in compliance; and

(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

(e) RESPONSE- If the State educational agency responds to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of —

(1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or

(2) the expiration of the 120-day period described in subsection (b).

(f) FAILURE TO RESPOND- If the State educational agency does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4203-state-application/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools –Part B — 21st Century Community Learning Centers — SEC. 4202. ALLOTMENTS TO STATES. http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4202-allotments-to-states/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4202-allotments-to-states/#comments Tue, 22 Mar 2011 15:50:43 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=36 SEC. 4202. ALLOTMENTS TO STATES.

(a) RESERVATION- From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve —

(1) such amount as may be necessary to make continuation awards to grant recipients under covered programs (under the terms of those grants);

(2) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a national evaluation; and

(3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part.

(b) STATE ALLOTMENTS-

(1) DETERMINATION- From the funds appropriated under section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection.

(2) REALLOTMENT OF UNUSED FUNDS- If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section.

(c) STATE USE OF FUNDS-

(1) IN GENERAL- Each State that receives an allotment under this part shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204.

(2) STATE ADMINISTRATION- A State educational agency may use not more than 2 percent of the amount made available to the State under subsection (b) for —

(A) the administrative costs of carrying out its responsibilities under this part;

(B) establishing and implementing a peer review process for grant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and

supervising the awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities).

(3) STATE ACTIVITIES- A State educational agency may use not more than 3 percent of the amount made available to the State under subsection (b) for the following activities:

(A) Monitoring and evaluation of programs and activities assisted under this part.

(B) Providing capacity building, training, and technical assistance under this part.

(C) Comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under this part.

(D) Providing training and technical assistance to eligible entities who are applicants for or recipients of awards under this part.

]]> http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers-sec-4202-allotments-to-states/feed/ 0 Title IV — 21st Century Schools — Sec. 401 21st Century Schools –Part B — 21st Century Community Learning Centers — http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers/ http://www.k12newsnetwork.com/esea-titleiv/2011/03/22/title-iv-%e2%80%94-21st-century-schools-sec-401-21st-century-schools-part-b-%e2%80%94-21st-century-community-learning-centers/#comments Tue, 22 Mar 2011 15:49:01 +0000 Cynthia http://www.k12newsnetwork.com/esea-titleiv/?p=35 SEC. 4201. PURPOSE; DEFINITIONS.

(a) PURPOSE- The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that —

(1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet State and local student academic achievement standards in core academic subjects, such as reading and mathematics;

(2) offer students a broad array of additional services, programs, and activities, such as youth development activities, drug and violence prevention programs, counseling programs, art, music, and recreation programs, technology education programs, and character education programs, that are designed to reinforce and complement the regular academic program of participating students; and

(3) offer families of students served by community learning centers opportunities for literacy and related educational development.

(b) DEFINITIONS- In this part:

(1) COMMUNITY LEARNING CENTER- The term community learning center’ means an entity that —

(A) assists students in meeting State and local academic achievement standards in core academic subjects, such as reading and mathematics, by providing the students with opportunities for academic enrichment activities and a broad array of other activities (such as drug and violence prevention, counseling, art, music, recreation, technology, and character education programs) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that reinforce and complement the regular academic programs of the schools attended by the students served; and

(B) offers families of students served by such center opportunities for literacy and related educational development.

(2) COVERED PROGRAM- The term covered program’ means a program for which —

(A) the Secretary made a grant under part I of title X (as such part was in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and

(B) the grant period had not ended on that date of enactment.

(3) ELIGIBLE ENTITY- The term eligible entity’ means a local educational agency, community-based organization, another public or private entity, or a consortium of two or more of such agencies, organizations, or entities.

(4) STATE- The term State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

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