 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
        SUBCHAPTER IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
 
    Part \1\A--State Grants for Drug and Violence Prevention Programs
 
    subpart 1--state grants for drug and violence prevention programs
 
Sec. 7113. State and local educational agency programs


(a) Use of funds

                           (1) In general

        Except as provided in paragraph (2), an amount equal to 80 
    percent of the total amount allocated to a State under section 7111 
    \1\ of this title for each fiscal year shall be used by the State 
    educational agency and its local educational agencies for drug and 
    violence prevention activities in accordance with this section.
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    \1\ See References in Text note below.
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                            (2) Exception

        (A) If a State has, on or before January 1, 1994, established an 
    independent State agency for the purpose of administering all of the 
    funds described in section 5121 of this Act (as such section was in 
    effect on the day preceding October 20, 1994), then--
            (i) an amount equal to 80 percent of the total amount 
        allocated to such State under section 7111 \1\ of this title for 
        each fiscal year shall be used by the State educational agency 
        and its local educational agencies for drug and violence 
        prevention activities in accordance with this section; and
            (ii) an amount equal to 20 percent of such total amount 
        shall be used by such independent State agency for drug and 
        violence prevention activities in accordance with this section.

        (B) Not more than 5 percent of the amount reserved under 
    subparagraph (A)(ii) may be used for administrative costs of the 
    independent State agency incurred in carrying out the activities 
    described in such subparagraph.
        (C) For purposes of this paragraph, the term ``independent State 
    agency'' means an independent agency with a board of directors or a 
    cabinet level agency whose chief executive officer is appointed by 
    the chief executive officer of the State and confirmed with the 
    advice and consent of the senate of such State.

(b) State level programs

                           (1) In general

        A State educational agency shall use not more than 5 percent of 
    the amount available under subsection (a) of this section for 
    activities such as--
            (A) training and technical assistance concerning drug and 
        violence prevention for local educational agencies and 
        educational service agencies, including teachers, 
        administrators, coaches and athletic directors, other staff, 
        parents, students, community leaders, health service providers, 
        local law enforcement officials, and judicial officials;
            (B) the development, identification, dissemination, and 
        evaluation of the most readily available, accurate, and up-to-
        date curriculum materials (including videotapes, software, and 
        other technology-based learning resources), for consideration by 
        local educational agencies;
            (C) making available to local educational agencies cost 
        effective programs for youth violence and drug abuse prevention;
            (D) demonstration projects in drug and violence prevention;
            (E) training, technical assistance, and demonstration 
        projects to address violence associated with prejudice and 
        intolerance;
            (F) financial assistance to enhance resources available for 
        drug and violence prevention in areas serving large numbers of 
        economically disadvantaged children or sparsely populated areas, 
        or to meet other special needs consistent with the purposes of 
        this subpart; and
            (G) the evaluation of activities carried out within the 
        State under this part.

                          (2) Special rule

        A State educational agency may carry out activities under this 
    subsection directly, or through grants or contracts.

(c) State administration

    A State educational agency may use not more than 4 percent of the 
amount reserved under subsection (a) of this section for the 
administrative costs of carrying out its responsibilities under this 
part.

(d) Local educational agency programs

                           (1) In general

        A State educational agency shall distribute not less than 91 
    percent of the amount made available under subsection (a) of this 
    section for each fiscal year to local educational agencies in 
    accordance with this subsection.

                          (2) Distribution

        (A) Of the amount distributed under paragraph (1), a State 
    educational agency shall distribute--
            (i) 70 percent of such amount to local educational agencies, 
        based on the relative enrollments in public and private 
        nonprofit elementary and secondary schools within the boundaries 
        of such agencies; and
            (ii) 30 percent of such amount to local educational agencies 
        that the State educational agency determines have the greatest 
        need for additional funds to carry out drug and violence 
        prevention programs authorized by this subpart.

        (B) Where appropriate and to the extent consistent with the 
    needs assessment conducted by the State, not less than 25 percent of 
    the amount distributed under subparagraph (A)(ii) for a fiscal year 
    shall be distributed to local educational agencies located in rural 
    and urban areas.
        (C)(i) A State educational agency shall distribute funds under 
    subparagraph (A)(ii) to not more than 10 percent of the local 
    educational agencies in the State, or five such agencies, whichever 
    is greater.
        (ii) In determining which local educational agencies have the 
    greatest need for additional funds, the State educational agency 
    shall consider objective data such as--
            (I) high rates of alcohol or drug use among youth;
            (II) high rates of victimization of youth by violence and 
        crime;
            (III) high rates of arrests and convictions of youth for 
        violent or drug- or alcohol-related crime;
            (IV) the extent of illegal gang activity;
            (V) high incidence of violence associated with prejudice and 
        intolerance;
            (VI) high rates of referrals of youths to drug and alcohol 
        abuse treatment and rehabilitation programs;
            (VII) high rates of referrals of youths to juvenile court;
            (VIII) high rates of expulsions and suspensions of students 
        from schools; and
            (IX) high rates of reported cases of child abuse and 
        domestic violence.

(e) Reallocation of funds

    If a local educational agency chooses not to apply to receive the 
amount allocated to such agency under subsection (d) of this section, or 
if such agency's application under section 7115 of this title is 
disapproved by the State educational agency, the State educational 
agency shall reallocate such amount to one or more of the local 
educational agencies determined by the State educational agency under 
subsection (d)(2)(C)(ii) of this section to have the greatest need for 
additional funds.

(f) Return of funds to State educational agency; reallocation

                             (1) Return

        Except as provided in paragraph (2), upon the expiration of the 
    1-year period beginning on the date that a local educational agency 
    or educational service agency under this subchapter receives its 
    allocation under this subchapter--
            (A) such agency shall return to the State educational agency 
        any funds from such allocation that remain unobligated; and
            (B) the State educational agency shall reallocate any such 
        amount to local educational agencies or educational service 
        agencies that have plans for using such amount for programs or 
        activities on a timely basis.

                          (2) Reallocation

        In any fiscal year, a local educational agency, may retain for 
    obligation in the succeeding fiscal year--
            (A) an amount equal to not more than 25 percent of the 
        allocation it receives under this subchapter for such fiscal 
        year; or
            (B) upon a demonstration of good cause by such agency or 
        consortium, a greater amount approved by the State educational 
        agency.

(Pub. L. 89-10, title IV, Sec. 4113, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3677.)

                       References in Text

    Section 7111 of this title, referred to in subsec. (a)(1), 
(2)(A)(i), was in the original ``section 4111'', meaning section 4111 of 
Pub. L. 89-10, which was translated as reading section 4011 of that Act 
to reflect the probable intent of Congress, because Pub. L. 89-10 does 
not contain a section 4111, but does contain a section 4011 which 
relates to State allotments.
    Section 5121 of this Act (as such section was in effect on the day 
preceding October 20, 1994), referred to in subsec. (a)(2)(A), means 
section 5121 of Pub. L. 89-10, as added by Pub. L. 100-297, title I, 
Sec. 1001, Apr. 28, 1988, 102 Stat. 254, as amended, which was 
classified to section 3191 of this title prior to the general amendment 
of Pub. L. 89-10 by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519.

                  Section Referred to in Other Sections

    This section is referred to in sections 7112, 7115, 7117 of this 
title.
