in the absence of such Federal funds, be made available from non-Federal sources for the school approved for a schoolwide project under paragraph (1); (C) shall comply with the provisions of section 2728(c) of this title; and (D) may not be required to identify particular children as being eligible to participate in projects assisted under this part but shall identify educationally deprived children for purposes of subsections (b) and (e) of this section. (d) Use of funds In addition to uses under section 2721 of this title, funds may be used in schoolwide projects for (1) planning and implementing effective schools programs, and (2) other activities to improve the instructional program and pupil services in the school, such as reducing class size, training staff and parents of children to be served, and implementing extended schoolday programs. (e) Accountability (1) The State educational agency may grant authority for a local educational agency to operate a schoolwide project for a period of 3 years. If a school meets the accountability requirements in paragraphs (2) and (3) at the end of such period, as determined by the State educational agency, that school will be allowed to continue the schoolwide project for an additional 3-year period. (2)(A) Except as provided in subparagraph (B), after 3 years, a school must be able to demonstrate (i) that the achievement level of educationally deprived children as measured according to the means specified in the plan required by subsection (b) of this section exceeds the average achievement of participating children districtwide, or (ii) that the achievement of educationally deprived children in that school exceeds the average achievement of such children in that school in the 3 fiscal years prior to initiation of the schoolwide project. (B) For a secondary school, demonstration of lower dropout rates, increased retention rates, or increased graduation rates is acceptable in lieu of increased achievement, if achievement levels over the 3-year schoolwide project period, compared with the 3-year period immediately preceding the schoolwide project, do not decline. (3) Schools shall annually collect achievement and other assessment data for the purposes of paragraph (2). The results of achievement and other assessments shall be made available annually to parents, the public, and the State educational agency. (Pub. L. 89-10, title I, § 1015, as added Pub. L. 100-297, title I, § 1001, Apr. 28, 1988, 102 Stat. 154.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2724 of this title. § 2726. Parental involvement (a) Findings; general requirement (1) Congress finds that activities by schools to increase parental involvement are a vital part of programs under this division. (2) Toward that end, a local educational agency may receive funds under this division only if it implements programs, activities, and procedures for the involvement of parents in programs assisted under this division. Such activities and procedures shall be planned and implemented with meaningful consultation with parents of participating children and must be of sufficient size, scope, and quality to give reasonable promise of substantial progress toward achieving the goals under subsection (b) of this section. (3) For purposes of this section, parental involvement includes, but is not limited to, parent input into the design and implementation of programs under this division, volunteer or paid participation by parents in school activities, and programs, training, and materials which build parents' capacity to improve their children's learning in the home and in school. (b) Goals of parental involvement In carrying out the requirements of subsection (a) of this section, a local educational agency shall, in coordination with parents of participating children, develop programs, activities, and procedures which have the following goals (1) to inform parents of participating children of the program under this division, the reasons for their children's participation in such programs, and the specific instructional objectives and methods of the program; (2) to support the efforts of parents, including training parents, to the maximum extent practicable, to work with their children in the home to attain the instructional objectives of programs under this division and to understand the program requirements of this division and to train parents and teachers to build a partnership between home and school; (3) to train teachers and other staff involved in programs under this division to work effectively with the parents of participating students; (4) to consult with parents, on an ongoing basis, concerning the manner in which the school and parents can better work together to achieve the program's objectives and to give parents a feeling of partnership in the education of their children; (5) to provide a comprehensive range of opportunities for parents to become informed, in a timely way, about how the program will be designed, operated, and evaluated, allowing opportunities for parental participation, so that parents and educators can work together to achieve the program's objectives; and (6) to ensure opportunities, to the extent practicable, for the full participation of parents who lack literacy skills or whose native language is not English. (c) Mechanisms for parental involvement (1) Each local educational agency, after consultation with and review by parents, shall develop written policies to ensure that parents are involved in the planning, design, and implementation of programs and shall provide such reasonable support for parental involvement activities as parents may request. Such policies shall be made available to parents of participating children. (2) Each local educational agency shall convene an annual meeting to which all parents of participating children shall be invited, to explain to parents the programs and activities provided with funds under this division. Such meetings may be districtwide or at the building level, as long as all such parents are given an opportunity to participate. (3) Each local educational agency shall provide parents of participating children with reports on the children's progress, and, to the extent practical, hold a parent-teacher conference with the parents of each child served in the program, to discuss that child's progress, placement, and methods by which parents can complement the child's instruction. Educational personnel under this division shall be readily accessible to parents and shall permit parents to observe activities under this division. (4) Each local educational agency shall (A) provide opportunities for regular meetings of parents to formulate parental input into the program, if parents of participating children so desire; (B) provide parents of participating children with timely information about the program; and (C) make parents aware of parental involvement requirements and other relevant provisions of programs under this division. (5) Parent programs, activities, and procedures may include regular parent conferences; parent resource centers; parent training programs and reasonable and necessary expenditures associated with the attendance of parents at training sessions; hiring, training, and utilization of parental involvement liaison workers; reporting to parents on the children's progress; training and support of personnel to work with parents, to coordinate parent activities, and to make contact in the home; use of parents as classroom volunteers, tutors, and aides; provision of school-to-home complementary curriculum and materials and assistance in implementing home-based education activities that reinforce classroom instruction and student motivation; provision of timely information on programs under this division (such as program plans and evaluations); soliciting parents' suggestions in the planning, development, and operation of the program; providing timely responses to parent recommendations; parent advisory councils; and other activities designed to enlist the support and participation of parents to aid in the instruction of their children. (6) Parents of participating children are expected to cooperate with the local educational agency by becoming knowledgeable of the program goals and activities and by working to reinforce their children's training at home. (d) Coordination with Adult Education Act Programs of parental involvement shall coordinate, to the extent possible, with programs funded under the Adult Education Act [20 U.S.C. 1201 et seq.). (e) Accessibility requirement Information, programs, and activities for parents pursuant to this section shall be provided, to the extent practicable, in a language and form which the parents understand. (Pub. L. 89-10, title I, § 1016, as added Pub. L. 100-297, title I, § 1001, Apr. 28, 1988, 102 Stat. 156.) REFERENCES IN TEXT The Adult Education Act, referred to in subsec. (d), is title III of Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1216, as amended, which is classified generally to chapter 30 (§ 1201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of this title and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2721, 2722, 2782, 2836, 2838 of this title. § 2727. Participation of children enrolled in private schools (a) General requirements To the extent consistent with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall, after timely and meaningful consultation with appropriate private school officials, make provisions for including special educational services and arrangements (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) in which such children can participate and which meet the requirements of sections 2721(a), 2722(b)(1), 2723, 2724, and 2728(b) of this title. Expenditures for educational services and arrangements pursuant to this section for educationally deprived children in private schools shall be equal (taking into account the number of children to be served and the special educational needs of such children) to expenditures for children enrolled in the public schools of the local educational agency. (b) Bypass provision (1) If a local educational agency is prohibited by law from providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a) of this section, the Secretary shall waive such requirements, and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a) of this section. (2) If the Secretary determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a) of this section, the Secretary shall arrange for the provision of services to such children through arrangements which shall be subject to the re quirements of subsection (a) of this section, upon which determination the provisions of subsection (a) of this section shall be waived. (3)(A) The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other concerned organizations or individuals concerning violations of this section. The Secretary shall investigate and resolve each such complaint within 120 days after receipt of the complaint. (B) When the Secretary arranges for services pursuant to this subsection, the Secretary shall, after consultation with the appropriate public and private school officials, pay to the provider the cost of such services, including the administrative cost of arranging for such services, from the appropriate allocation or allocations under this division. (C) Pending final resolution of any investigation or complaint that could result in a determination under this subsection, the Secretary may withhold from the allocation of the affected State or local educational agency the amount the Secretary estimates would be necessary to pay the cost of such services. (D) Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the local educational agency to meet the requirements of subsection (a) of this section. (4)(A) The Secretary shall not take any final action under this subsection until the State educational agency and local educational agency affected by such action have had an opportunity, for at least 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or a designee to show cause why such action should not be taken. (B) If a State or local educational agency is dissatisfied with the Secretary's final action after a proceeding under subparagraph (A) of this paragraph, it may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary's action was based, as provided in section 2112 of title 28. (C) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (D) Upon the filing of a petition under subparagraph (B), the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (c) Prior determination Any bypass determination by the Secretary under title I of the Elementary and Secondary Education Act of 1965, as in effect prior to July 1, 1988, or chapter 1 of the Education Consolidation and Improvement Act of 1981 shall remain in effect to the extent consistent with the purposes of this division. (d) Capital expenses (1) A local educational agency may apply to the State educational agency for payments for capital expenses consistent with the provisions of this subsection. State educational agencies shall distribute funds to local educational agencies based on the degree of need as set forth in the application. Such an application shall contain information on such capital expenses by fiscal year and shall contain an assurance that any funds received pursuant to this subsection shall be used solely for purposes of the program authorized by this division. (2)(A) From the amount appropriated for the purposes of this subsection for any fiscal year, the amount which each State shall be eligible to receive shall be an amount which bears the same ratio to the amount appropriated as the number of children enrolled in private schools who were served under chapter 1 of the Education Consolidation and Improvement Act of 1981 in the State during the period July 1, 1984 through June 30, 1985, bears to the total number of such children served during such period in all States. (B) Amounts which are not used by a State for the purposes of this subsection shall be reallocated by the Secretary among other States on the basis of need. (3) There is authorized to be appropriated $30,000,000 for fiscal year 1988, $40,000,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993. Any sums appropriated under this provision shall be used for increases in capital expenses paid from funds under chapter 1 of the Education Consolidation and Improvement Act or this section subsequent to July 1, 1985, of local educational agencies in providing the instructional services required under section 557 of the Education Consolidation and Improvement Act1 and this section, when without such funds, services to private schoolchildren would have been or have been reduced or would be reduced or adversely af fected. (4) For the purposes of this subsection, the term "capital expenses" is limited to expenditures for noninstructional goods and services such as the purchase, lease and renovation of real and personal property (including but not limited to mobile educational units and leasing of neutral sites or space), insurance and maintenance costs, transportation, and other comparable goods and services. So in original. Probably should be "Act of 1981". (Pub. L. 89-10, title I, § 1017, as added Pub. L. 100-297, title I, § 1001, Apr. 28, 1988, 102 Stat. 158.) REFERENCES IN TEXT Title I of the Elementary and Secondary Education Act of 1965, as in effect prior to July 1, 1988, referred to in subsec. (c), is title I of Pub. L. 89-10, which was classified generally to subchapter I (§ 2701 et seq.) of this chapter prior to the general revision of this chapter by Pub. L. 100-297, effective July 1, 1988. The Education Consolidation and Improvement Act of 1981, referred to in subsecs. (c) and (d)(2)(A), (3), is subtitle D [§§ 551 to 596] of title V of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 463, as amended. Chapter 1 of the Act was classified generally to subchapter I (§ 3801 et seq.) of chapter 51 of this title prior to repeal by Pub. L. 100-297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293. Section 557 of the Act was classified to section 3806 of this title prior to repeal. For complete classification of this Act to the Code, see Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2722, 2731, 2764, 2990, 3003, 3223, 3266 of this title. § 2728. Fiscal requirements (a) Maintenance of effort (1) Except as provided in paragraph (2), a local educational agency may receive funds under this division for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year. (2) The State educational agency shall reduce the amount of the allocation of funds under this division in any fiscal year in the exact proportion to which a local educational agency fails to meet the requirement of paragraph (1) by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to such local agency), and no such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) Each State educational agency may waive, for 1 fiscal year only, the requirements of this subsection if the State educational agency determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. (b) Federal funds to supplement, not supplant regular non-Federal funds A State educational agency or other State agency in operating its State level programs or a local educational agency may use funds received under this division only so as to supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs and projects assisted under this division and in no case may such funds be so used as to supplant such funds from such non-Federal sources. In order to demonstrate compliance with this subsection, no State educational agency, other State agency, or local educational agency shall be required to provide services under this division through use of a particular instructional method or in a particular instructional setting. (c) Comparability of services (1) A local educational agency may receive funds under this division only if State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are at least comparable to services being provided in areas in such district which are not receiving funds under this division. Where all school attendance areas in the district of the agency are designated as project areas, the agency may receive such funds only if State and local funds are used to provide services which, taken as a whole, are substantially comparable in each project area. (2)(A) A local educational agency shall be considered to have met the requirements of paragraph (1) if it has filed with the State educational agency a written assurance that it has established and implemented (i) a districtwide salary schedule; (ii) a policy to ensure equivalence among schools in teachers, administrators, and auxiliary personnel; and (iii) a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies. (B) Unpredictable changes in student enrollment or personnel assignments which occur after the beginning of a school year shall not be included as a factor in determining comparability of services. (3) Each educational agency shall develop procedures for compliance with the provisions of this subsection, and shall annually maintain records documenting compliance. Each State educational agency shall monitor the compliance of local educational agencies within the States with respect to the requirements of this subsection. (4) Each local educational agency with not more than 1 building for each grade span shall not be subject to the provisions of this subsection. (5) Each local educational agency which is found to be out of compliance with this subsection shall be subject to withholding or repayment of funds only to the amount or percentage by which the local educational agency has failed to comply. (d) Exclusion of special State and local program funds (1)(A) For the purposes of determining compliance with the requirements of subsections (b) and (c) of this section, a local educational agency or a State agency operating a program under part D of this division may exclude State and local funds expended for carrying out special programs to meet the educational needs of educationally deprived children including compensatory education for educationally deprived children after prior determination pursuant to paragraphs (3) and (4) of this subsection that such programs meet the requirements of subparagraph (B). (B) A State or local program meets the requirements of this subparagraph if it is similar to programs assisted under this part. The Secretary shall consider a State or local program to be similar to programs assisted under this part if (i) all children participating in the program are educationally deprived, (ii) the program is based on similar performance objectives related to educational achievement and is evaluated in a manner consistent with those performance objectives, (iii) the program provides supplementary services designed to meet the special educational needs of the children who are participating, (iv) the local educational agency keeps such records and affords such access thereto as are necessary to assure the correctness and verification of the requirements of this subparagraph, and (v) the State educational agency monitors performance under the program to assure that the requirements of this subparagraph are met. (2)(A) For the purpose of determining compliance with the requirements of subsection (c) of this section, a local educational agency may exclude State and local funds expended for (i) bilingual education for children of limited English proficiency, (ii) special education for handicapped children, and (iii) certain State phase-in programs as described in subparagraph (B). (B) A State education program which is being phased into full operation meets the requirements of this subparagraph if the Secretary is satisfied that— (i) the program is authorized and governed specifically by the provisions of State law; (ii) the purpose of the program is to provide for the comprehensive and systematic restructuring of the total educational environment at the level of the individual school; (iii) the program is based on objectives, including but not limited to, performance objectives related to educational achievement and is evaluated in a manner consistent with those objectives; (iv) parents and school staff are involved in comprehensive planning, implementation, and evaluation of the program; (v) the program will benefit all children in a particular school or grade-span within a school; (vi) schools participating in a program describe, in a school level plan, program strategies for meeting the special educational needs of educationally deprived children; (vii) at all times during such phase-in period at least 50 percent of the schools participating in the program are the schools serving project areas which have the greatest number or concentrations of educationally deprived children or children from low-income families; (viii) State funds made available for the phase-in program will supplement, and not supplant, State and local funds which would, in the absence of the phase-in program, have been provided for schools participating in such program; (ix) the local educational agency is separately accountable, for purposes of compliance with the clauses of this subparagraph, to the State educational agency for any funds expended for such program; and (x) the local educational agencies carrying out the program are complying with the clauses of this subparagraph and the State educational agency is complying with applicable provisions of this paragraph. (3) The Secretary shall make an advance determination of whether or not a State program meets the requirements of this subsection. The Secretary shall require each State educational agency to submit the provisions of State law together with implementing rules, regulations, orders, guidelines, and interpretations which are necessary for an advance determination. The Secretary's determination shall be in writing and shall include the reasons for the determination. Whenever there is any material change in pertinent State law affecting the program, the State educational agency shall submit such changes to the Secretary. (4) The State educational agency shall make an advance determination of whether or not a local program meets the requirements of this subsection. The State educational agency shall require each local educational agency to submit the provisions of local law, together with implementing rules, regulations, guidelines, and interpretations which are necessary to make such an advance determination. The State educational agency's determination shall be in writing and shall include the reasons for the determination. Whenever there is any material change in pertinent local law affecting the program, the local educational agency shall submit such changes to the State educational agency. (Pub. L. 89-10, title I, § 1018, as added Pub. L. 100-297, title I, § 1001, Apr. 28, 1988, 102 Stat. 160.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2723, 2725, 2727, 2766, 2782, 2794, 2802, 2853 of this title. § 2729. Evaluations (a) Local evaluation Each local educational agency shall (1) evaluate the effectiveness of programs assisted under this part, in accordance with national standards developed according to section 2835 of this title, at least once every 3 years (using objective measurement of individual student achievement in basic skills and more advanced skills, aggregated for the local educational agency as a whole) as an indicator of the impact of the program; (2) submit such evaluation results to the State educational agency at least once during each 3-year application cycle; |