 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
 Part A--Improving Basic Programs Operated by Local Educational Agencies
 
                  subpart 1--basic program requirements
 
Sec. 6314. Schoolwide programs


(a) Use of funds for schoolwide programs

                           (1) In general

        A local educational agency may use funds under this part, in 
    combination with other Federal, State, and local funds, in order to 
    upgrade the entire educational program in a school described in 
    subparagraph (A) or (B) if, for the initial year of the schoolwide 
    program, the school meets either of the following criteria:
            (A) For the school year 1995-1996--
                (i) the school serves an eligible school attendance area 
            in which not less than 60 percent of the children are from 
            low-income families; or
                (ii) not less than 60 percent of the children enrolled 
            in the school are from such families.

            (B) For the school year 1996-1997 and subsequent years--
                (i) the school serves an eligible school attendance area 
            in which not less than 50 percent of the children are from 
            low-income families; or
                (ii) not less than 50 percent of the children enrolled 
            in the school are from such families.

                        (2) State assurances

        (A) A local educational agency may start new schoolwide programs 
    under this section only after the State educational agency provides 
    written information to each local educational agency in the State 
    that demonstrates that such State agency has established the 
    statewide system of support and improvement required by subsections 
    (c)(1) and (e) of section 6318 of this title.
        (B) A school that desires to initiate a schoolwide program under 
    this section prior to the establishment of the statewide system of 
    support and improvement required in subsections (c)(1) and (e) of 
    section 6318 of this title shall demonstrate to the local 
    educational agency that such school has received high quality 
    technical assistance and support from other providers of assistance 
    such as comprehensive technical assistance centers, regional 
    laboratories, institutions of higher education, educational service 
    agencies, or other local consortia.

                         (3) Identification

        (A) No school participating in a schoolwide program shall be 
    required to identify particular children under this part as eligible 
    to participate in a schoolwide program or to provide supplemental 
    services to such children.
        (B) A school participating in a schoolwide program shall use 
    funds available to carry out this section only to supplement the 
    amount of funds that would, in the absence of funds under this part, 
    be made available from non-Federal sources for the school, including 
    funds needed to provide services that are required by law for 
    children with disabilities and children with limited English 
    proficiency.

                          (4) Special rule

        (A) Except as provided in subsection (b) of this section, the 
    Secretary may, through publication of a notice in the Federal 
    Register, exempt schoolwide programs under this section from 
    statutory or regulatory provisions of any other noncompetitive 
    formula grant program administered by the Secretary, or any 
    discretionary grant program administered by the Secretary (other 
    than formula or discretionary grant programs under the Individuals 
    with Disabilities Education Act [20 U.S.C. 1400 et seq.]), to 
    support schoolwide programs, if the intent and purposes of such 
    other programs are met.
        (B) A school that chooses to use funds from such other programs 
    shall not be relieved of the requirements relating to health, 
    safety, civil rights, gender equity, student and parental 
    participation and involvement, services to private school children, 
    maintenance of effort, comparability of services, uses of Federal 
    funds to supplement, not supplant non-Federal funds, or the 
    distribution of funds to State or local educational agencies that 
    apply to the receipt of funds from such programs.

                    (5) Professional development

        Each school receiving funds under this part for any fiscal year 
    shall devote sufficient resources to effectively carry out the 
    activities described in subsection (b)(1)(D) of this section in 
    accordance with section 6320 of this title for such fiscal year, 
    except that a school may enter into a consortium with another school 
    to carry out such activities.

(b) Components of schoolwide program

                           (1) In general

        A schoolwide program shall include the following components:
            (A) A comprehensive needs assessment of the entire school 
        that is based on information on the performance of children in 
        relation to the State content standards and the State student 
        performance standards described in section 6311(b)(1) of this 
        title.
            (B) Schoolwide reform strategies that--
                (i) provide opportunities for all children to meet the 
            State's proficient and advanced levels of student 
            performance described in section 6311(b)(1)(D) of this 
            title;
                (ii) are based on effective means of improving the 
            achievement of children;
                (iii) use effective instructional strategies, which may 
            include the integration of vocational and academic learning 
            (including applied learning and team teaching strategies), 
            that--
                    (I) increase the amount and quality of learning 
                time, such as providing an extended school year and 
                before- and after-school and summer programs and 
                opportunities, and help provide an enriched and 
                accelerated curriculum; and
                    (II) include strategies for meeting the educational 
                needs of historically underserved populations, including 
                girls and women;

                (iv)(I) address the needs of all children in the school, 
            but particularly the needs of children who are members of 
            the target population of any program that is included in the 
            schoolwide program, which may include--
                    (aa) counseling, pupil services, and mentoring 
                services;
                    (bb) college and career awareness and preparation, 
                such as college and career guidance, comprehensive 
                career development, occupational information, 
                enhancement of employability skills and occupational 
                skills, personal finance education, job placement 
                services, and innovative teaching methods which may 
                include applied learning and team teaching strategies;
                    (cc) services to prepare students for the transition 
                from school to work, including the formation of 
                partnerships between elementary, middle, and secondary 
                schools and local businesses, and the integration of 
                school-based and work-based learning; and
                    (dd) incorporation of gender-equitable methods and 
                practices; and

                (II) address how the school will determine if such needs 
            have been met; and
                (vii) \1\ are consistent with, and are designed to 
            implement, the State and local improvement plans, if any, 
            approved under title III \2\ of the Goals 2000: Educate 
            America Act.
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    \1\ So in original. No cls. (v) and (vi) have been enacted.
    \2\ See References in Text note below.

            (C) Instruction by highly qualified professional staff.
            (D) In accordance with section 6320 of this title and 
        subsection (a)(5) of this section, professional development for 
        teachers and aides, and, where appropriate, pupil services 
        personnel, parents, principals, and other staff to enable all 
        children in the school to meet the State's student performance 
        standards.
            (E) Strategies to increase parental involvement, such as 
        family literary services.
            (F) Plans for assisting preschool children in the transition 
        from early childhood programs, such as Head Start, Even Start, 
        or a State-run preschool program, to local elementary school 
        programs.
            (G) Measures to include teachers in the decisions regarding 
        the use of assessments described in section 6312(b)(1) of this 
        title in order to provide information on, and to improve, the 
        performance of individual students and the overall instructional 
        program.
            (H) Activities to ensure that students who experience 
        difficulty mastering any of the standards required by section 
        6311(b) of this title during the course of the school year shall 
        be provided with effective, timely additional assistance, which 
        shall include--
                (i) measures to ensure that students' difficulties are 
            identified on a timely basis and to provide sufficient 
            information on which to base effective assistance;
                (ii) to the extent the school determines feasible using 
            funds under this part, periodic training for teachers in how 
            to identify such difficulties and to provide assistance to 
            individual students; and
                (iii) for any student who has not met such standards, 
            teacher-parent conferences, at which time the teacher and 
            parents shall discuss--
                    (I) what the school will do to help the student meet 
                such standards;
                    (II) what the parents can do to help the student 
                improve the student's performance; and
                    (III) additional assistance which may be available 
                to the student at the school or elsewhere in the 
                community.

                              (2) Plan

        (A) Any eligible school that desires to operate a schoolwide 
    program shall first develop (or amend a plan for such a program that 
    was in existence before October 20, 1994), in consultation with the 
    local educational agency and its school support team or other 
    technical assistance provider under subsections (c)(1) and (e) of 
    section 6318 of this title, a comprehensive plan for reforming the 
    total instructional program in the school that--
            (i) incorporates the components described in paragraph (1);
            (ii) describes how the school will use resources under this 
        part and from other sources to implement those components;
            (iii) includes a list of State and local educational agency 
        programs and other Federal programs under subsection (a)(4) of 
        this section that will be included in the schoolwide program;
            (iv) describes how the school will provide individual 
        student assessment results, including an interpretation of those 
        results, to the parents of a child who participates in the 
        assessment required by section 6311(b)(3) of this title;
            (v) provides for the collection of data on the achievement 
        and assessment results of students disaggregated by gender, 
        major ethnic or racial groups, limited English proficiency 
        status, migrant students, and by children with disabilities as 
        compared to other students, and by economically disadvantaged 
        students as compared to students who are not economically 
        disadvantaged;
            (vi) seeks to produce statistically sound results for each 
        category for which assessment results are disaggregated through 
        the use of oversampling or other means; and
            (vii) provides for the public reporting of disaggregated 
        data only when such reporting is statistically sound.

        (B) Plans developed before a State has adopted standards and a 
    set of assessments that meet the criteria in paragraphs (1) and (3) 
    of section 6311(b) of this title shall be based on an analysis of 
    available data on the achievement of students in the school and 
    effective instructional and school improvement practices.
        (C) The comprehensive plan shall be--
            (i) developed during a one-year period, unless--
                (I) the local educational agency, after considering the 
            recommendation of the technical assistance providers under 
            subsections (c) and (e) of section 6318 of this title, 
            determines that less time is needed to develop and implement 
            the schoolwide program; or
                (II) the school is operating a schoolwide program on the 
            day preceding the date of enactment of the Improving 
            America's Schools Act of 1994 [Oct. 20, 1994], in which case 
            such school may continue to operate such program, but shall 
            develop a new plan during the first year of assistance under 
            such Act to reflect the provisions of this section;

            (ii) developed with the involvement of the community to be 
        served and individuals who will carry out such plan, including 
        teachers, principals, other staff, and, where appropriate, pupil 
        services personnel, and parents, and, if the plan relates to a 
        secondary school, students from such school;
            (iii) in effect for the duration of the school's 
        participation under this part and reviewed and revised, as 
        necessary, by the school;
            (iv) available to the local educational agency, parents, and 
        the public, and the information contained in such plan shall be 
        translated, to the extent feasible, into any language that a 
        significant percentage of the parents of participating children 
        in the school speak as their primary language; and
            (v) where appropriate, developed in coordination with 
        programs under the School-to-Work Opportunities Act of 1994 [20 
        U.S.C. 6101 et seq.], the Carl D. Perkins Vocational and 
        Technical Education Act of 1998 [20 U.S.C. 2301 et seq.], and 
        the National and Community Service Act of 1990 [42 U.S.C. 12501 
        et seq.].

(c) Accountability

    A schoolwide program under this section shall be subject to the 
school improvement provisions of section 6317 of this title.

(Pub. L. 89-10, title I, Sec. 1114, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3534; amended Pub. L. 105-332, 
Sec. 3(c)(1), Oct. 31, 1998, 112 Stat. 3125.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsec. (a)(4)(A), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 
Stat. 175, as amended, which is classified generally to chapter 33 
(Sec. 1400 et seq.) of this title. For complete classification of this 
Act to the Code, see section 1400 of this title and Tables.
    The Goals 2000: Educate America Act, referred to in subsec. 
(b)(1)(B)(vii), is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except 
titles V and IX), as amended. Title III of the Act was classified 
generally to subchapter III (Sec. 5881 et seq.) of chapter 68 of this 
title and was repealed by Pub. L. 106-113, div. B, Sec. 1000(a)(4) 
[title III, Sec. 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-265. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 5801 of this title and Tables.
    The Improving America's Schools Act of 1994, referred to in subsec. 
(b)(2)(C)(i)(II), is Pub. L. 103-382, Oct. 20, 1994, 108 Stat. 3518. For 
complete classification of this Act to the Code, see Short Title of 1994 
Amendment note set out under section 6301 of this title and Tables.
    The School-to-Work Opportunities Act of 1994, referred to in subsec. 
(b)(2)(C)(v), is Pub. L. 103-239, May 4, 1994, 108 Stat. 568, as 
amended, which is classified principally to chapter 69 (Sec. 6101 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6101 of this title and 
Tables.
    The Carl D. Perkins Vocational and Technical Education Act of 1998, 
referred to in subsec. (b)(2)(C)(v), is Pub. L. 88-210, Dec. 18, 1963, 
77 Stat. 403, as amended, which is classified generally to chapter 44 
(Sec. 2301 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2301 of this 
title and Tables.
    The National and Community Service Act of 1990, referred to in 
subsec. (b)(2)(C)(v), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, 
as amended, which is classified principally to chapter 129 (Sec. 12501 
et seq.) of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 12501 of Title 42 and Tables.


                               Amendments

    1998--Subsec. (b)(2)(C)(v). Pub. L. 105-332, which directed 
substitution of ``Carl D. Perkins Vocational and Technical Education Act 
of 1998'' for ``Carl D. Perkins Vocational and Applied Technical 
Education Act'', was executed by making the substitution for ``Carl D. 
Perkins Vocational and Applied Technology Education Act'' to reflect the 
probable intent of Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 1413, 6311, 6312, 6313, 
6315, 6319, 6320, 6394, 6396, 6672, 7815, 8102, 8622, 8651, 8941 of this 
title; title 42 section 3030g-12.
