SEC. 1012
SUPPLEMENT, NOT SUPPLANT
Section Summary
ESSA Update
SEC. 1012. SUPPLEMENT, NOT SUPPLANT.
Section 1118, as redesignated by section 1000(4), <<NOTE: 20 USC
6321.>> is amended--
(1) in subsection (a), by striking ``section 9521'' and
inserting ``section 8521''; and
(2) by striking subsection (b) and inserting the following:
[[Page 129 STAT. 1875]]
``(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--
``(1) In general.--A State educational agency or local
educational agency shall use Federal funds received under this
part only to supplement the funds that would, in the absence of
such Federal funds, be made available from State and local
sources for the education of students participating in programs
assisted under this part, and not to supplant such funds.
``(2) Compliance.--To demonstrate compliance with paragraph
(1), a local educational agency shall demonstrate that the
methodology used to allocate State and local funds to each
school receiving assistance under this part ensures that such
school receives all of the State and local funds it would
otherwise receive if it were not receiving assistance under this
part.
``(3) Special rule.--No local educational agency shall be
required to--
``(A) identify that an individual cost or service
supported under this part is supplemental; or
``(B) provide services under this part through a
particular instructional method or in a particular
instructional setting in order to demonstrate such
agency's compliance with paragraph (1).
``(4) Prohibition.--Nothing in this section shall be
construed to authorize or permit the Secretary to prescribe the
specific methodology a local educational agency uses to allocate
State and local funds to each school receiving assistance under
this part.
``(5) Timeline.--A local educational agency--
``(A) shall meet the compliance requirement under
paragraph (2) not later than 2 years after the date of
enactment of the Every Student Succeeds Act; and
``(B) may demonstrate compliance with the
requirement under paragraph (1) before the end of such
2-year period using the method such local educational
agency used on the day before the date of enactment of
the Every Student Succeeds Act.''.
NCLB Text
``SEC. 1117. <<NOTE: 20 USC 6317.>> SCHOOL SUPPORT AND RECOGNITION.
``(a) System for Support.--
``(1) In general.--Each State shall establish a statewide
system of intensive and sustained support and improvement for
local educational agencies and schools receiving funds under
this part, in order to increase the opportunity for all students
served by those agencies and schools to meet the State's
academic content standards and student academic achievement
standards.
``(2) Priorities.--In carrying out this subsection, a State
shall--
``(A) first, provide support and assistance to local
educational agencies with schools subject to corrective
action under section 1116 and assist those schools, in
accordance with section 1116(b)(11), for which a local
educational agency has failed to carry out its
responsibilities under paragraphs (7) and (8) of section
1116(b);
``(B) second, provide support and assistance to
other local educational agencies with schools identified
as in need of improvement under section 1116(b); and
``(C) third, provide support and assistance to other
local educational agencies and schools participating
under this part that need that support and assistance in
order to achieve the purpose of this part.
``(3) Regional centers.--Such a statewide system shall, to
the extent practicable, work with and receive support and
assistance from the comprehensive regional technical assistance
centers and the regional educational laboratories under section
941(h) of the Educational Research, Development, Dissemination,
and Improvement Act of 1994, or other providers of technical
assistance.
``(4) Statewide system.--
``(A) In order to achieve the purpose described in
paragraph (1), the statewide system shall include, at a
minimum, the following approaches:
``(i) Establishing school support teams in
accordance with subparagraph (C) for assignment
to, and working in, schools in the State that are
described in paragraph (2).
``(ii) Providing such support as the State
educational agency determines necessary and
available in order to ensure the effectiveness of
such teams.
``(iii) Designating and using distinguished
teachers and principals who are chosen from
schools served under this part that have been
especially successful in improving academic
achievement.
``(iv) Devising additional approaches to
providing the assistance described in paragraph
(1), such as providing assistance through
institutions of higher education and educational
service agencies or other local consortia, and
private providers of scientifically based
technical assistance.
[[Page 115 STAT. 1499]]
``(B) Priority.--The State educational agency shall
give priority to the approach described in clause (i) of
subparagraph (A).
``(5) School support teams.--
``(A) Composition.--Each school support team
established under this section shall be composed of
persons knowledgeable about scientifically based
research and practice on teaching and learning and about
successful schoolwide projects, school reform, and
improving educational opportunities for low-achieving
students, including--
``(i) highly qualified or distinguished
teachers and principals;
``(ii) pupil services personnel;
``(iii) parents;
``(iv) representatives of institutions of
higher education;
``(v) representatives of regional educational
laboratories or comprehensive regional technical
assistance centers;
``(vi) representatives of outside consultant
groups; or
``(vii) other individuals as the State
educational agency, in consultation with the local
educational agency, may determine appropriate.
``(B) Functions.--Each school support team assigned
to a school under this section shall--
``(i) review and analyze all facets of the
school's operation, including the design and
operation of the instructional program, and assist
the school in developing recommendations for
improving student performance in that school;
``(ii) collaborate with parents and school
staff and the local educational agency serving the
school in the design, implementation, and
monitoring of a plan that, if fully implemented,
can reasonably be expected to improve student
performance and help the school meet its goals for
improvement, including adequate yearly progress
under section 1111(b)(2)(B);
``(iii) evaluate, at least semiannually, the
effectiveness of school personnel assigned to the
school, including identifying outstanding teachers
and principals, and make findings and
recommendations to the school, the local
educational agency, and, where appropriate, the
State educational agency; and
``(iv) make additional recommendations as the
school implements the plan described in clause
(ii) to the local educational agency and the State
educational agency concerning additional
assistance that is needed by the school or the
school support team.
``(C) Continuation of assistance.--After one school
year, from the beginning of the activities, such school
support team, in consultation with the local educational
agency, may recommend that the school support team
continue to provide assistance to the school, or that
the local educational agency or the State educational
agency, as
[[Page 115 STAT. 1500]]
appropriate, take alternative actions with regard to the
school.
``(b) State Recognition.--
``(1) Academic achievement awards program.--
``(A) In general.--Each State receiving a grant
under this part--
``(i) shall establish a program for making
academic achievement awards to recognize schools
that meet the criteria described in subparagraph
(B); and
``(ii) as appropriate and as funds are
available under subsection (c)(2)(A), may
financially reward schools served under this part
that meet the criteria described in clause (ii).
``(B) Criteria.--The criteria referred to in
subparagraph (A) are that a school--
``(i) significantly closed the achievement gap
between the groups of students described in
section 1111(b)(2); or
``(ii) exceeded their adequate yearly
progress, consistent with section 1111(b)(2), for
2 or more consecutive years.
``(2) Distinguished schools.--Of those schools meeting the
criteria described in paragraph (2), each State shall designate
as distinguished schools those schools that have made the
greatest gains in closing the achievement gap as described in
subparagraph (B)(i) or exceeding adequate yearly progress as
described in subparagraph (B)(ii). Such distinguished schools
may serve as models for and provide support to other schools,
especially schools identified for improvement under section
1116, to assist such schools in meeting the State's academic
content standards and student academic achievement standards.
``(3) Awards to teachers.--A State program under paragraph
(1) may also recognize and provide financial awards to teachers
teaching in a school described in such paragraph that
consistently makes significant gains in academic achievement in
the areas in which the teacher provides instruction, or to
teachers or principals designated as distinguished under
subsection (a)(4)(A)(iii).
``(c) Funding.--
``(1) In general.--Each State--
``(A) shall use funds reserved under section 1003(a)
and may use funds made available under section 1003(g)
for the approaches described under subsection (a)(4)(A);
and
``(B) shall use State administrative funds
authorized under section 1004(a) to establish the
statewide system of support described under subsection
(a).
``(2) Reservations of funds by state.--
``(A) Awards program.--For the purpose of carrying
out subsection (b)(1), each State receiving a grant
under this part may reserve, from the amount (if any) by
which the funds received by the State under subpart 2
for a fiscal year exceed the amount received by the
State under that subpart for the preceding fiscal year,
not more than 5 percent of such excess amount.
[[Page 115 STAT. 1501]]
``(B) Teacher awards.--For the purpose of carrying
out subsection (b)(3), a State educational agency may
reserve such funds as necessary from funds made
available under section 2113.
``(3) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under subparagraph (A) by
a State for each fiscal year shall remain available to the State
until expended for a period not exceeding 3 years receipt of
funds.
``(4) Special allocation rule for schools in high-poverty
areas.--
``(A) In general.--Each State shall distribute not
less than 75 percent of any amount reserved under
paragraph (2)(A) for each fiscal year to schools
described in subparagraph (B), or to teachers in those
schools consistent with subsection (b)(3).
``(B) School described.--A school described in
subparagraph (A) is a school whose student population is
in the highest quartile of schools statewide in terms of
the percentage of children from low income families.
