SEC. 1203
ALLOTMENT OF APPROPRIATED FUNDS
Section Summary
ESSA Update
``SEC. 1203. <<NOTE: 20 USC 6363.>> ALLOTMENT OF APPROPRIATED FUNDS.
``(a) Amounts Equal to or Less Than Trigger Amount.--From amounts
made available for each fiscal year under subsection 1002(b) that are
equal to or less than the amount described in section 1111(b)(2)(I), the
Secretary shall--
``(1) reserve one-half of 1 percent for the Bureau of Indian
Education;
``(2) reserve one-half of 1 percent for the outlying areas;
``(3) reserve not more than 20 percent to carry out section
1202; and
``(4) from the remainder, carry out section 1201 by
allocating to each State an amount equal to--
``(A) $3,000,000, except for a fiscal year for which
the amounts available are insufficient to allocate such
amount to each State, the Secretary shall ratably reduce
such amount for each State; and
``(B) with respect to any amounts remaining after
the allocation under subparagraph (A), an amount that
bears the same relationship to such total remaining
amounts as the number of students aged 5 through 17 in
the State (as determined by the Secretary on the basis
of the most recent satisfactory data) bears to the total
number of such students in all States.
``(b) Amounts Above Trigger Amount.--For any fiscal year for which
the amount made available for a fiscal year under subsection 1002(b)
exceeds the amount described in section 1111(b)(2)(I), the Secretary
shall make such excess amount available as follows:
``(1) Competitive grants.--
``(A) In general.--The Secretary shall first use
such funds to award grants, on a competitive basis, to
State educational agencies or consortia of State
educational agencies that have submitted applications
described in subparagraph (B) to enable such States to
carry out the activities described in subparagraphs (C),
(H), (I), (J), (K), and (L) of section 1201(a)(2).
``(B) Applications.--A State, or a consortium of
States, that desires a competitive grant under
subparagraph (A) shall submit an application to the
Secretary at such time and in such manner as the
Secretary may reasonably require. The application shall
demonstrate that the requirements of this section will
be met for the uses of funds described under
subparagraph (A).
``(C) Amount of competitive grants.--In determining
the amount of a grant under subparagraph (A), the
Secretary shall ensure that a State or consortium's
grant, as the case may be, shall include an amount that
bears the same relationship to the total funds available
to carry out this subsection for the fiscal year as the
number of students aged 5 through 17 in the State, or,
in the case of a consortium, in each State that
comprises the consortium, (as determined by the
Secretary on the basis of
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the most recent satisfactory data) bears to the total
number of such students in all States.
``(2) Allotments.--Any amounts remaining after the Secretary
awards funds under paragraph (1) shall be allotted to each
State, or consortium of States, that did not receive a grant
under such paragraph, in an amount that bears the same
relationship to the remaining amounts as the number of students
aged 5 through 17 in the State, or, in the case of a consortium,
in the States of the consortium, (as determined by the Secretary
on the basis of the most recent satisfactory data) bears to the
total number of such students in all States.
``(c) State Defined.--In this part, the term `State' means each of
the 50 States, the District of Columbia, and the Commonwealth of Puerto
Rico.
``(d) Prohibition.--In making funds available to States under this
part, the Secretary shall comply with the prohibitions described in
section 8529.
NCLB Text
``SEC. <<NOTE: 20 USC 6363.>> 1203. STATE FORMULA GRANT APPLICATIONS.
``(a) Applications.--
``(1) In general.--A State educational agency that desires
to receive a grant under section 1202 shall submit an
application to the Secretary at such time and in such form as
the Secretary may require. The application shall contain the
information described in subsection (b).
``(2) Special application provisions.--For those State
educational agencies that have received a grant under part C of
title II (as such part was in effect on the day before the date
of enactment of the No Child Left Behind Act of 2001), the
Secretary shall establish a modified set of requirements for an
application under this section that takes into account the
information already submitted and approved under that program
and minimizes the duplication of effort on the part of such
State educational agencies.
``(b) Contents.--An application under this section shall contain the
following:
``(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has established
a reading and literacy partnership described in subsection (d),
and a description of how such partnership--
``(A) coordinated the development of the
application; and
``(B) will assist in the oversight and evaluation of
the State educational agency's activities under this
subpart.
``(2) A description, if applicable, of the State's strategy
to expand, continue, or modify activities authorized under part
C of title II (as such part was in effect on the day before the
date of enactment of the No Child Left Behind Act of 2001).
``(3) An assurance that the State educational agency, and
any local educational agencies receiving a subgrant from that
State educational agency under section 1202, will, if requested,
participate in the external evaluation under section 1205.
``(4) A State educational agency plan containing a
description of the following:
``(A) How the State educational agency will assist
local educational agencies in identifying screening,
diagnostic, and classroom-based instructional reading
assessments.
``(B) How the State educational agency will assist
local educational agencies in identifying instructional
materials, programs, strategies, and approaches, based
on scientifically based reading research, including
early intervention
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and reading remediation materials, programs, and
approaches.
``(C) How the State educational agency will ensure
that professional development activities related to
reading instruction and provided under section 1202
are--
``(i) coordinated with other Federal, State,
and local level funds, and used effectively to
improve instructional practices for reading; and
``(ii) based on scientifically based reading
research.
``(D) How the activities assisted under section 1202
will address the needs of teachers and other
instructional staff in implementing the essential
components of reading instruction.
``(E) How subgrants made by the State educational
agency under section 1202 will meet the requirements of
section 1202, including how the State educational agency
will ensure that eligible local educational agencies
receiving subgrants under section 1202 will use
practices based on scientifically based reading
research.
``(F) How the State educational agency will, to the
extent practicable, make grants to eligible local
educational agencies in both rural and urban areas.
``(G) How the State educational agency will build
on, and promote coordination among literacy programs in
the State (including federally funded programs such as
programs under the Adult Education and Family Literacy
Act, the Individuals with Disabilities Education Act,
and subpart 2), to increase the effectiveness of the
programs in improving reading for adults and children
and to avoid duplication of the efforts of the program.
``(H) How the State educational agency will assess
and evaluate, on a regular basis, eligible local
educational agency activities assisted under section
1202, with respect to whether the activities have been
effective in achieving the purposes of section 1202.
``(I) Any other information that the Secretary may
reasonably require.
``(c) Approval of Applications.--
``(1) In general.--The Secretary shall approve an
application of a State educational agency under this section
only if such application meets the requirements of this section.
``(2) Peer review.--
``(A) In general.--The Secretary, in consultation
with the National Institute for Literacy, shall convene
a panel to evaluate applications under this section. At
a minimum, the panel shall include--
``(i) three individuals selected by the
Secretary;
``(ii) three individuals selected by the
National Institute for Literacy;
``(iii) three individuals selected by the
National Research Council of the National Academy
of Sciences; and
``(iv) three individuals selected by the
National Institute of Child Health and Human
Development.
``(B) Experts.--The panel shall include--
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``(i) experts who are competent, by virtue of
their training, expertise, or experience, to
evaluate applications under this section;
``(ii) experts who provide professional
development to individuals who teach reading to
children and adults based on scientifically based
reading research;
``(iii) experts who provide professional
development to other instructional staff based on
scientifically based reading research; and
``(iv) an individual who has expertise in
screening, diagnostic, and classroom-based
instructional reading assessments.
``(C) Recommendations.--The panel shall recommend
grant applications from State educational agencies under
this section to the Secretary for funding or for
disapproval.
``(d) Reading and Literacy Partnerships.--
``(1) In general.--For a State educational agency to receive
a grant under section 1202, the Governor of the State, in
consultation with the State educational agency, shall establish
a reading and literacy partnership.
``(2) Required participants.--The reading and literacy
partnership shall include the following participants:
``(A) The Governor of the State.
``(B) The chief State school officer.
``(C) The chairman and the ranking member of each
committee of the State legislature that is responsible
for education policy.
``(D) A representative, selected jointly by the
Governor and the chief State school officer, of at least
one eligible local educational agency.
``(E) A representative, selected jointly by the
Governor and the chief State school officer, of a
community-based organization working with children to
improve their reading skills, particularly a community-
based organization using tutors and scientifically based
reading research.
``(F) State directors of appropriate Federal or
State programs with a strong reading component, selected
jointly by the Governor and the chief State school
officer.
``(G) A parent of a public or private school student
or a parent who educates the parent's child in the
parent's home, selected jointly by the Governor and the
chief State school officer.
``(H) A teacher, who may be a special education
teacher, who successfully teaches reading, and another
instructional staff member, selected jointly by the
Governor and the chief State school officer.
``(I) A family literacy service provider selected
jointly by the Governor and the chief State school
officer.
``(3) Optional participants.--The reading and literacy
partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of--
``(A) an institution of higher education operating a
program of teacher preparation in the State that is
based on scientifically based reading research;
``(B) a local educational agency;
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``(C) a private nonprofit or for-profit eligible
professional development provider providing instruction
based on scientifically based reading research;
``(D) an adult education provider;
``(E) a volunteer organization that is involved in
reading programs; or
``(F) a school library or a public library that
offers reading or literacy programs for children or
families.
``(4) Preexisting partnership.--If, before the date of
enactment of the No Child Left Behind Act of 2001, a State
educational agency established a consortium, partnership, or any
other similar body that was considered a reading and literacy
partnership for purposes of part C of title II of this Act (as
such part was in effect on the day before the date of enactment
of No Child Left Behind Act of 2001), that consortium,
partnership, or body may be considered a reading and literacy
partnership for purposes of this subsection consistent with the
provisions of this subpart.
