From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 20USC6312]
TITLE 20--EDUCATION
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. 6312. Local educational agency plans
(a) Plans required
(1) Subgrants
A local educational agency may receive a subgrant under this
part for any fiscal year only if such agency has on file with the
State educational agency a plan, approved by the State educational
agency, that is coordinated with other programs under this chapter,
the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.], and
other Acts, as appropriate, as specified in section 8856 of this
title.
(2) Consolidated application
The plan may be submitted as part of a consolidated application
under section 8854 of this title.
(b) Plan provisions
Each local educational agency plan shall include--
(1) a description of additional high-quality student
assessments, if any, other than the assessments described in the
State plan under section 6311 of this title, that the local
educational agency and schools served under this part will use to--
(A) determine the success of children served under this part
in meeting the State's student performance standards and provide
information to teachers, parents, and students on the progress
being made toward meeting the State student performance
standards described in section 6311(b)(1)(D)(ii) of this title;
(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under this
part to meet State standards and do well in the local
curriculum; and
(C) determine what revisions are needed to projects under
this part so that such children will meet the State's student
performance standards;
(2) at the local educational agency's discretion, a description
of any other indicators that will be used in addition to the
assessments described in paragraph (1) for the uses described in
such paragraph;
(3) a description of the strategy the local educational agency
will use to provide professional development for teachers, and,
where appropriate, pupil services personnel, administrators, parents
and other staff, including local educational agency level staff in
accordance with section 6320 of this title;
(4) a description of how the local educational agency will
coordinate and integrate services provided under this part with
other educational services at the local educational agency or
individual school level, such as--
(A) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs; and
(B) services for children with limited English proficiency
or with disabilities, migratory children served under part C of
this subchapter or who were formerly eligible for services under
part C of this subchapter in the two-year period preceding
October 20, 1994, neglected or delinquent youth and youth at
risk of dropping out served under part D of this subchapter,
homeless children, and immigrant children in order to increase
program effectiveness, eliminate duplication, and reduce
fragmentation of the instructional program;
(5) a description of the poverty criteria that will be used to
select school attendance areas under section 6313 of this title;
(6) a description of how teachers, in consultation with parents,
administrators, and pupil services personnel, in targeted assistance
schools under section 6315 of this title, will identify the eligible
children most in need of services under this part;
(7) a general description of the nature of the programs to be
conducted by such agency's schools under sections 6314 and 6315 of
this title and, where appropriate, educational services outside such
schools for children living in local institutions for neglected or
delinquent children, for neglected and delinquent children in
community day school programs, and for eligible homeless children;
(8) a description of how the local educational agency will
ensure that migratory children and formerly migratory children who
are eligible to receive services under this part are selected to
receive such services on the same basis as other children who are
selected to receive services under this part;
(9) where appropriate, a description of how the local
educational agency will use funds under this part to support
preschool programs for children, particularly children participating
in a Head Start or Even Start program, which services may be
provided directly by the local educational agency or through a
subcontract with the local Head Start agency designated by the
Secretary of Health and Human Services under section 9836 of title
42, agencies operating Even Start programs, or another comparable
public early childhood development program.
(c) Assurances
(1) In general
Each local educational agency plan shall provide assurances that
the local educational agency will--
(A) inform eligible schools and parents of schoolwide
project authority;
(B) provide technical assistance and support to schoolwide
programs;
(C) work in consultation with schools as the schools develop
the schools' plans pursuant to section 6314 of this title and
assist schools as the schools implement such plans or undertake
activities pursuant to section 6315 of this title so that each
school can make adequate yearly progress toward meeting the
State content standards and State student performance standards;
(D) fulfill such agency's school improvement
responsibilities under section 6317 of this title, including
taking corrective actions under section 6317(c)(4) \1\ of this
title;
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\1\ So in original. Probably should be section ``6317(c)(5)''.
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(E) coordinate and collaborate, to the extent feasible and
necessary as determined by the local educational agency, with
other agencies providing services to children, youth, and
families, including health and social services;
(F) provide services to eligible children attending private
elementary and secondary schools in accordance with section 6321
of this title, and timely and meaningful consultation with
private school officials regarding such services;
(G) take into account the experience of model programs for
the educationally disadvantaged, and the findings of relevant
research indicating that services may be most effective if
focused on students in the earliest grades at schools that
receive funds under this part; and
(H) beginning in fiscal year 1997 and in the case that a
local educational agency chooses to use funds under this part to
provide early childhood development services to low-income
children below the age of compulsory school attendance, ensure
that such services comply with the performance standards
established under section 9836a(a) of title 42 or under section
9846 of title 42, as such section 9846 of title 42 was in effect
on the day preceding May 18, 1994.
(2) Special rule
In carrying out subparagraph (H) of paragraph (1) the
Secretary--
(A) in fiscal year 1995, shall consult with the Secretary of
Health and Human Services on the implementation of such
subparagraph and shall establish procedures (taking into
consideration existing State and local laws, and local teacher
contracts) to assist local educational agencies to comply with
such subparagraph; and
(B) in fiscal year 1996, shall disseminate to local
educational agencies the Head Start Performance Standards
revised pursuant to section 9836a(a) of title 42, and such
agencies effected \2\ by such subparagraph shall plan for the
implementation of such subparagraph (taking into consideration
existing State and local laws, and local teacher contracts),
including pursuing the availability of other Federal, State, and
local funding sources to assist in compliance with such
subparagraph.
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\2\ So in original. Probably should be ``affected''.
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(3) Inapplicability
The provisions of this subsection shall not apply to preschool
programs using the Even Start model or to Even Start programs which
are expanded through the use of funds under this part.
(d) Plan development and duration
Each local educational agency plan shall--
(1) be developed in consultation with teachers, including
vocational teachers, and pupil services personnel, where
appropriate, and parents of children in schools served under this
part; and
(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
(B) periodically be reviewed and revised, as necessary, to
reflect changes in the local educational agency's strategies and
programs.
(e) State approval
(1) In general
Each local educational agency plan shall be filed according to a
schedule established by the State educational agency, except that a
local educational agency shall have not more than one year after
October 20, 1994, to have such plan provisionally approved by the
State educational agency and not more than two years after October
20, 1994, to have such plan finally approved by the State
educational agency.
(2) Approval
The State educational agency shall approve a local educational
agency's plan only if the State educational agency determines that
the local educational agency's plan will enable schools served under
this part to substantially help all children served under this part
meet the standards expected of all children described in section
6311(b)(1) of this title.
(3) Review
The State educational agency shall review the local educational
agency's plan to determine if such agency's professional development
activities are in accordance with section 6320 of this title.
(f) Program responsibility
The local educational agency plan shall reflect the shared
responsibility of schools, teachers, and the local educational agency in
making decisions regarding activities under sections 6314 and 6315 of
this title.
(Pub. L. 89-10, title I, Sec. 1112, as added Pub. L. 103-382, title I,
Sec. 101, Oct. 20, 1994, 108 Stat. 3529.)
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.
Section 9846 of title 42, referred to in subsec. (c)(1)(H), was in
the original a reference to section 651 of the Head Start Act, which was
amended and renumbered as section 650 by Pub. L. 103-252, title I,
Sec. 118, May 18, 1994, 108 Stat. 648.
Section Referred to in Other Sections
This section is referred to in sections 6311, 6313, 6314, 6317,
6319, 6320, 7814, 8857 of this title.