SEC. 2102
SUBGRANTS TO LOCAL EDUCATION AGENCIES
Section Summary
ESSA Update
``SEC. 2102. <<NOTE: 20 USC 6612.>> SUBGRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Allocation of Funds to Local Educational Agencies.--
``(1) In general.--From funds reserved by a State under
section 2101(c)(1) for a fiscal year, the State, acting through
the State educational agency, shall award subgrants to eligible
local educational agencies from allocations described in
paragraph (2).
``(2) Allocation formula.--From the funds described in
paragraph (1), the State educational agency shall allocate to
each of the eligible local educational agencies in the State for
a fiscal year the sum of--
``(A) an amount that bears the same relationship to
20 percent of such funds for such fiscal year as the
number of individuals aged 5 through 17 in the
geographic area served by the agency, as determined by
the Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in the geographic areas served by all
eligible local educational agencies in the State, as so
determined; and
``(B) an amount that bears the same relationship to
80 percent of the funds for such fiscal year as the
number of individuals aged 5 through 17 from families
with incomes below the poverty line in the geographic
area served by the agency, as determined by the
Secretary on the basis of the most recent satisfactory
data, bears to the number of those individuals in the
geographic areas served by all the eligible local
educational agencies in the State, as so determined.
``(3) Rule of construction.--Nothing in this section shall
be construed to prohibit a consortium of local educational
agencies that are designated with a locale code of 41, 42, or
43, or such local educational agencies designated with a locale
code of 41, 42, or 43 that work in cooperation with an
educational service agency, from voluntarily combining
allocations received under this part for the collective use of
funding by the consortium for activities under this section.
``(b) Local Applications.--
``(1) In general.--To be eligible to receive a subgrant
under this section, a local educational agency shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may reasonably require.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall include the following:
``(A) A description of the activities to be carried
out by the local educational agency under this section
and how these activities will be aligned with
challenging State academic standards.
[[Page 129 STAT. 1926]]
``(B) A description of the local educational
agency's systems of professional growth and improvement,
such as induction for teachers, principals, or other
school leaders and opportunities for building the
capacity of teachers and opportunities to develop
meaningful teacher leadership.
``(C) A description of how the local educational
agency will prioritize funds to schools served by the
agency that are implementing comprehensive support and
improvement activities and targeted support and
improvement activities under section 1111(d) and have
the highest percentage of children counted under section
1124(c).
``(D) A description of how the local educational
agency will use data and ongoing consultation described
in paragraph (3) to continually update and improve
activities supported under this part.
``(E) An assurance that the local educational agency
will comply with section 8501 (regarding participation
by private school children and teachers).
``(F) An assurance that the local educational agency
will coordinate professional development activities
authorized under this part with professional development
activities provided through other Federal, State, and
local programs.
``(3) Consultation.--In developing the application described
in paragraph (2), a local educational agency shall--
``(A) meaningfully consult with teachers,
principals, other school leaders, paraprofessionals
(including organizations representing such individuals),
specialized instructional support personnel, charter
school leaders (in a local educational agency that has
charter schools), parents, community partners, and other
organizations or partners with relevant and demonstrated
expertise in programs and activities designed to meet
the purpose of this title;
``(B) seek advice from the individuals and
organizations described in subparagraph (A) regarding
how best to improve the local educational agency's
activities to meet the purpose of this title; and
``(C) coordinate the local educational agency's
activities under this part with other related
strategies, programs, and activities being conducted in
the community.
``(4) Limitation.--Consultation required under paragraph (3)
shall not interfere with the timely submission of the
application required under this section.
NCLB Text
``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. <<NOTE: 20 USC
6621.>>
``(a) Subgrants to Local Educational Agencies.--
``(1) In general.--The Secretary may make a grant to a State
under subpart 1 only if the State educational agency agrees to
distribute the funds described in this subsection as subgrants
to local educational agencies under this subpart.
``(2) Hold harmless.--
[[Page 115 STAT. 1628]]
``(A) In general.--From the funds reserved by a
State under section 2113(a)(1), the State educational
agency shall allocate to each local educational agency
in the State an amount equal to the total amount that
such agency received for fiscal year 2001 under--
``(i) section 2203(1)(B) of this Act (as in
effect on the day before the date of enactment of
the No Child Left Behind Act of 2001); and
``(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as enacted
into law by section 1(a)(1) of Public Law 106-
554).
``(B) Nonparticipating agencies.--In the case of a
local educational agency that did not receive any funds
for fiscal year 2001 under one or both of the provisions
referred to in clauses (i) and (ii) of subparagraph (A),
the amount allocated to the agency under such
subparagraph shall be the total amount that the agency
would have received for fiscal year 2001 if the agency
had elected to participate in all of the programs for
which the agency was eligible under each of the
provisions referred to in those clauses.
``(C) Ratable reduction.--If the funds described in
subparagraph (A) are insufficient to pay the full
amounts that all local educational agencies in the State
are eligible to receive under subparagraph (A) for any
fiscal year, the State educational agency shall ratably
reduce such amounts for the fiscal year.
``(3) Allocation of additional funds.--For any fiscal year
for which the funds reserved by a State under section 2113(a)(1)
exceed the total amount required to make allocations under
paragraph (2), the State educational agency shall allocate to
each of the eligible local educational agencies in the State the
sum of--
``(A) an amount that bears the same relationship to
20 percent of the excess amount as the number of
individuals age 5 through 17 in the geographic area
served by the agency, as determined by the Secretary on
the basis of the most recent satisfactory data, bears to
the number of those individuals in the geographic areas
served by all the local educational agencies in the
State, as so determined; and
``(B) an amount that bears the same relationship to
80 percent of the excess amount as the number of
individuals age 5 through 17 from families with incomes
below the poverty line in the geographic area served by
the agency, as determined by the Secretary on the basis
of the most recent satisfactory data, bears to the
number of those individuals in the geographic areas
served by all the local educational agencies in the
State, as so determined.
``SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT. <<NOTE: 20 USC
6622.>>
``(a) In General.--To be eligible to receive a subgrant under this
subpart, a local educational agency shall submit an application to the
State educational agency at such time, in such manner, and containing
such information as the State educational agency may reasonably require.
[[Page 115 STAT. 1629]]
``(b) Contents.--Each application submitted under this section shall
be based on the needs assessment required in subsection (c) and shall
include the following:
``(1)(A) A description of the activities to be carried out
by the local educational agency under this subpart and how these
activities will be aligned with--
``(i) challenging State academic content standards
and student academic achievement standards, and State
assessments; and
``(ii) the curricula and programs tied to the
standards described in clause (i).
``(B) A description of how the activities will be based on a
review of scientifically based research and an explanation of
why the activities are expected to improve student academic
achievement.
``(2) A description of how the activities will have a
substantial, measurable, and positive impact on student academic
achievement and how the activities will be used as part of a
broader strategy to eliminate the achievement gap that separates
low-income and minority students from other students.
``(3) An assurance that the local educational agency will
target funds to schools within the jurisdiction of the local
educational agency that--
``(A) have the lowest proportion of highly qualified
teachers;
``(B) have the largest average class size; or
``(C) are identified for school improvement under
section 1116(b).
``(4) A description of how the local educational agency will
coordinate professional development activities authorized under
this subpart with professional development activities provided
through other Federal, State, and local programs.
``(5) A description of the professional development
activities that will be made available to teachers and
principals under this subpart and how the local educational
agency will ensure that the professional development (which may
include teacher mentoring) needs of teachers and principals will
be met using funds under this subpart.
``(6) A description of how the local educational agency will
integrate funds under this subpart with funds received under
part D that are used for professional development to train
teachers to integrate technology into curricula and instruction
to improve teaching, learning, and technology literacy.
``(7) A description of how the local educational agency,
teachers, paraprofessionals, principals, other relevant school
personnel, and parents have collaborated in the planning of
activities to be carried out under this subpart and in the
preparation of the application.
``(8) A description of the results of the needs assessment
described in subsection (c).
``(9) A description of how the local educational agency will
provide training to enable teachers to--
``(A) teach and address the needs of students with
different learning styles, particularly students with
disabilities, students with special learning needs
(including students who are gifted and talented), and
students with limited English proficiency;
[[Page 115 STAT. 1630]]
``(B) improve student behavior in the classroom and
identify early and appropriate interventions to help
students described in subparagraph (A) learn;
``(C) involve parents in their child's education;
and
``(D) understand and use data and assessments to
improve classroom practice and student learning.
``(10) A description of how the local educational agency
will use funds under this subpart to meet the requirements of
section 1119.
``(11) An assurance that the local educational agency will
comply with section 9501 (regarding participation by private
school children and teachers).
``(c) Needs Assessment.--
``(1) In general.--To be eligible to receive a subgrant
under this subpart, a local educational agency shall conduct an
assessment of local needs for professional development and
hiring, as identified by the local educational agency and school
staff.
``(2) Requirements.--Such needs assessment shall be
conducted with the involvement of teachers, including teachers
participating in programs under part A of title I, and shall
take into account the activities that need to be conducted in
order to give teachers the means, including subject matter
knowledge and teaching skills, and to give principals the
instructional leadership skills to help teachers, to provide
students with the opportunity to meet challenging State and
local student academic achievement standards.
