 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
Part D--Prevention and Intervention Programs for Children and Youth Who 
          Are Neglected, Delinquent, or at Risk of Dropping Out
 
                    subpart 1--state agency programs
 
Sec. 6434. State plan and State agency applications


(a) State plan

                           (1) In general

        Each State educational agency that desires to receive a grant 
    under this part shall submit, for approval by the Secretary, a plan 
    for meeting the needs of neglected and delinquent youth and, where 
    applicable, youth at risk of dropping out of school which is 
    integrated with other programs under this chapter, the Goals 2000: 
    Educate America Act [20 U.S.C. 5801 et seq.], or other Acts, as 
    appropriate, consistent with section 8856 of this title.

                            (2) Contents

        Each such State plan shall--
            (A) describe the program goals, objectives, and performance 
        measures established by the State that will be used to assess 
        the effectiveness of the program in improving academic and 
        vocational skills of children in the program;
            (B) provide that, to the extent feasible, such children will 
        have the same opportunities to learn as such children would have 
        if such children were in the schools of local educational 
        agencies in the State; and
            (C) contain assurances that the State educational agency 
        will--
                (i) ensure that programs assisted under this part will 
            be carried out in accordance with the State plan described 
            in this subsection;
                (ii) carry out the evaluation requirements of section 
            6436 of this title;
                (iii) ensure that the State agencies receiving subgrants 
            under this subpart comply with all applicable statutory and 
            regulatory requirements; and
                (iv) provide such other information as the Secretary may 
            reasonably require.

                      (3) Duration of the plan

        Each such State plan shall--
            (A) remain in effect for the duration of the State's 
        participation under this part; and
            (B) be periodically reviewed and revised by the State, as 
        necessary, to reflect changes in the State's strategies and 
        programs under this part.

(b) Secretarial approval; peer review

                           (1) In general

        The Secretary shall approve each State plan that meets the 
    requirements of this part.

                           (2) Peer review

        The Secretary may review any State plan with the assistance and 
    advice of individuals with relevant expertise.

(c) State agency applications

    Any State agency that desires to receive funds to carry out a 
program under this part shall submit an application to the State 
educational agency that--
        (1) describes the procedures to be used, consistent with the 
    State plan under section 6311 of this title, to assess the 
    educational needs of the children to be served;
        (2) provides assurances that in making services available to 
    youth in adult correctional facilities, priority will be given to 
    such youth who are likely to complete incarceration within a 2-year 
    period;
        (3) describes the program, including a budget for the first year 
    of the program, with annual updates to be provided to the State 
    educational agency;
        (4) describes how the program will meet the goals and objectives 
    of the State plan under this subpart;
        (5) describes how the State agency will consult with experts and 
    provide the necessary training for appropriate staff, to ensure that 
    the planning and operation of institution-wide projects under 
    section 6436 of this title are of high quality;
        (6) describes how the agency will carry out the evaluation 
    requirements of section 8941 of this title and how the results of 
    the most recent evaluation are used to plan and improve the program;
        (7) includes data showing that the agency has maintained fiscal 
    effort required of a local educational agency, in accordance with 
    section 8891 of this title;
        (8) describes how the programs will be coordinated with other 
    appropriate State and Federal programs, such as programs under title 
    I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.], 
    vocational education programs, State and local dropout prevention 
    programs, and special education programs;
        (9) describes how appropriate professional development will be 
    provided to teachers and other staff;
        (10) designates an individual in each affected institution to be 
    responsible for issues relating to the transition of children and 
    youth from the institution to locally operated programs;
        (11) describes how the agency will,\1\ endeavor to coordinate 
    with businesses for training and mentoring for participating youth;
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    \1\ So in original. The comma probably should not appear.
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        (12) provides assurances that the agency will assist in locating 
    alternative programs through which students can continue their 
    education if students are not returning to school after leaving the 
    correctional facility;
        (13) provides assurances that the agency will work with parents 
    to secure parents' assistance in improving the educational 
    achievement of their children and preventing their children's 
    further involvement in delinquent activities;
        (14) provides assurances that the agency works with special 
    education youth in order to meet an existing individualized 
    education program and an assurance that the agency will notify the 
    youth's local school if such youth--
            (A) is identified as in need of special education services 
        while the youth is in the facility; and
            (B) intends to return to the local school;

        (15) provides assurances that the agency will work with youth 
    who dropped out of school before entering the facility to encourage 
    the youth to reenter school once the term of the youth has been 
    completed or provide the youth with the skills necessary to gain 
    employment, continue the education of the youth, or achieve a 
    secondary school diploma or the recognized equivalent if the youth 
    does not intend to return to school;
        (16) provides assurances that teachers and other qualified staff 
    are also trained to work with children with disabilities and other 
    students with special needs taking into consideration the unique 
    needs of such students;
        (17) describes any additional services provided to youth, such 
    as career counseling, and assistance in securing student loans and 
    grants; and
        (18) provides assurances that the program under this subpart 
    will be coordinated with any programs operated under the Juvenile 
    Justice and Delinquency Prevention Act of 1974 [42 U.S.C. 5601 et 
    seq.] or other comparable programs, if applicable.

(Pub. L. 89-10, title I, Sec. 1414, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3593; amended Pub. L. 105-277, div. 
A, Sec. 101(f) [title VIII, Sec. 405(d)(18)(B), (f)(13)(B)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-422, 2681-431.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsec. (a)(1), 
is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except titles V and 
IX), as amended, which is classified principally to chapter 68 
(Sec. 5801 et seq.) of this title (except subchapters V (Sec. 5931 et 
seq.) and IX (Sec. 6001 et seq.)). For complete classification of this 
Act to the Code, see Short Title note set out under section 5801 of this 
title and Tables.
    The Workforce Investment Act of 1998, referred to in subsec. (c)(8), 
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of 
the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of 
Title 29, Labor. For complete classification of this Act to the Code, 
see Short Title note set out under section 9201 of this title and 
Tables.
    The Juvenile Justice and Delinquency Prevention Act of 1974, 
referred to in subsec. (c)(18), is Pub. L. 93-415, Sept. 7, 1974, 88 
Stat. 1109, as amended, which is classified principally to chapter 72 
(Sec. 5601 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 5601 of Title 42 and Tables.


                               Amendments

    1998--Subsec. (c)(8). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(f)(13)(B)], struck out ``the Job Training Partnership Act or'' 
before ``title I of the Workforce Investment Act of 1998''.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(18)(B)], 
substituted ``programs under the Job Training Partnership Act or title I 
of the Workforce Investment Act of 1998'' for ``programs under the Job 
Training Partnership Act''.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(18)(B)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(13)(B)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 
105-277, set out as a note under section 3502 of Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 6435 of this title.
