Title 20 — Education
Chapter 78 — Science, Technology, Engineering, Mathematics, and Critical Foreign Language Education
§ 9871. Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for P–16 education data systems
Statutory text
Purpose
It is the purpose of this section—
to promote more accountability with respect to preparation for higher education, the 21st century workforce, and the Armed Forces, by aligning—
student knowledge, student skills, State academic content standards and assessments, and curricula, in elementary and secondary education, especially with respect to mathematics, science, reading, and, where applicable, engineering and technology; with
the demands of higher education, the 21st century workforce, and the Armed Forces;
to support the establishment or improvement of statewide P–16 education data systems that—
assist States in improving the rigor and quality of State academic content standards and assessments;
ensure students are prepared to succeed in—
academic credit-bearing coursework in higher education without the need for remediation;
the 21st century workforce; or
the Armed Forces; and
enable 1 States to have valid and reliable information to inform education policy and practice.
Definitions
In this section:
P–16 education
The term “P–16 education” means the educational system from preschool through the conferring of a baccalaureate degree.
Statewide partnership
The term “statewide partnership” means a partnership that—
shall include—
the Governor of the State or the designee of the Governor;
the heads of the State systems for public higher education, or, if such a position does not exist, not less than 1 representative of a public degree-granting institution of higher education;
a representative of the agencies in the State that administer Federal or State-funded early childhood education programs;
not less than 1 representative of a public community college;
not less than 1 representative of a technical school;
not less than 1 representative of a public secondary school;
the chief State school officer;
the chief executive officer of the State higher education coordinating board;
not less than 1 public elementary school teacher employed in the State;
not less than 1 early childhood educator in the State;
not less than 1 public secondary school teacher employed in the State;
not less than 1 representative of the business community in the State; and
not less than 1 member of the Armed Forces; and
may include other individuals or representatives of other organizations, such as a school administrator, a faculty member at an institution of higher education, a member of a civic or community organization, a representative from a private institution of higher education, a dean or similar representative of a school of education at an institution of higher education or a similar teacher certification or licensure program, or the State official responsible for economic development.
Grants authorized
The Secretary is authorized to award grants, on a competitive basis, to States to enable each such State to work with a statewide partnership—
to promote better alignment of content knowledge requirements for secondary school graduation with the knowledge and skills needed to succeed in postsecondary education, the 21st century workforce, or the Armed Forces; or
to establish or improve a statewide P–16 education data system.
Period of grants; non-renewability
Grant period
The Secretary shall award a grant under this section for a period of not more than 3 years.
Non-renewability
The Secretary shall not award a State more than 1 grant under this section.
Authorized activities
Grants for P–16 alignment
Each State receiving a grant under subsection (c)(1)—
shall use the grant funds for—
identifying and describing the content knowledge and skills students who enter institutions of higher education, the workforce, and the Armed Forces need to have in order to succeed without any remediation based on detailed requirements obtained from institutions of higher education, employers, and the Armed Forces;
identifying and making changes that need to be made to a State’s secondary school graduation requirements, academic content standards, academic achievement standards, and assessments preceding graduation from secondary school in order to align the requirements, standards, and assessments with the knowledge and skills necessary for success in academic credit-bearing coursework in postsecondary education, in the 21st century workforce, and in the Armed Forces without the need for remediation;
convening stakeholders within the State and creating a forum for identifying and deliberating on education issues that—
involve preschool through grade 12 education, postsecondary education, the 21st century workforce, and the Armed Forces; and
transcend any single system of education’s ability to address; and
implementing activities designed to ensure the enrollment of all elementary school and secondary school students in rigorous coursework, which may include—
specifying the courses and performance levels necessary for acceptance into institutions of higher education; and
developing or providing guidance to local educational agencies within the State on the adoption of curricula and assessments aligned with State academic content standards, which assessments may be used as measures of student academic achievement in secondary school as well as for entrance or placement at institutions of higher education, including through collaboration with institutions of higher education in, or State educational agencies serving, other States; and
may use the grant funds for—
developing and making available specific opportunities for extensive professional development for teachers, paraprofessionals, principals, and school administrators, including collection and dissemination of effective teaching practices to improve instruction and instructional support mechanisms;
identifying changes in State academic content standards, academic achievement standards, and assessments for students in grades preceding secondary school in order to ensure such standards and assessments are appropriately aligned and adequately reflect the content needed to prepare students to enter secondary school;
developing a plan to provide remediation and additional learning opportunities for students who are performing below grade level to ensure that all students will have the opportunity to meet secondary school graduation requirements;
identifying and addressing teacher certification needs; or
incorporating 21st century learning skills into the State plan, which skills shall include critical thinking, problem solving, communication, collaboration, global awareness, and business and financial literacy.
Grants for statewide P–16 education data systems
Establishment of system
Each State that receives a grant under subsection (c)(2) shall establish a statewide P–16 education longitudinal data system that—
provides each student, upon enrollment in a public elementary school or secondary school in the State, with a unique identifier, such as a bar code, that—
does not permit a student to be individually identified by users of the system; and
is retained throughout the student’s enrollment in P–16 education in the State; and
meets the requirements of subparagraphs (B) through (E).
Improvement of existing system
Each State that receives a grant under subsection (c)(2) for the improvement of a statewide P–16 education data system may employ, coordinate, or revise an existing statewide data system to establish a statewide longitudinal P–16 education data system that meets the requirements of subparagraph (A), if the statewide longitudinal P–16 education data system produces valid and reliable data.
Privacy and access to data
In general
Each State that receives a grant under subsection (c)(2) shall implement measures to—
ensure that the statewide P–16 education data system meets the requirements of section 1232g of this title (commonly known as the Family Educational Rights and Privacy Act of 1974);
limit the use of information in the statewide P–16 education data system by institutions of higher education and State or local educational agencies or institutions to the activities set forth in paragraph (1) or State law regarding education, consistent with the purposes of this subchapter;
prohibit the disclosure of personally identifiable information except as permitted under section 1232g of this title and any additional limitations set forth in State law;
keep an accurate accounting of the date, nature, and purpose of each disclosure of personally identifiable information in the statewide P–16 education data system, a description of the information disclosed, and the name and address of the person, agency, institution, or entity to whom the disclosure is made, which accounting shall be made available on request to parents of any student whose information has been disclosed;
notwithstanding section 1232g of this title, require any non-governmental party obtaining personally identifiable information to sign a data use agreement prior to disclosure that—
prohibits the party from further disclosing the information;
prohibits the party from using the information for any purpose other than the purpose specified in the agreement; and
requires the party to destroy the information when the purpose for which the disclosure was made is accomplished;
maintain adequate security measures to ensure the confidentiality and integrity of the statewide P–16 education data system, such as protecting a student record from identification by a unique identifier;
where rights are provided to parents under this clause, provide those rights to the student instead of the parent if the student has reached the age of 18 or is enrolled in a postsecondary educational institution; and
ensure adequate enforcement of the requirements of this clause.
Use of unique identifiers
Governmental use of unique identifiers
It shall be unlawful for any Federal, State, or local governmental agency to use the unique identifiers employed in the statewide P–16 education data systems for any purpose other than as authorized by Federal or State law regarding education, or to deny any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose the individual’s unique identifier.
Regulations
Not later than 180 days after , the Secretary shall promulgate regulations governing the use by governmental and non-governmental entities of the unique identifiers employed in statewide P–16 education data systems, including, where necessary, regulations requiring States desiring grants for statewide P–16 education data systems under this section to implement specified measures, with the goal of safeguarding individual privacy to the maximum extent practicable consistent with the uses of the information authorized in this Act or other Federal or State law regarding education.
Required elements of a statewide P–16 education data system
The State shall ensure that the statewide P–16 education data system includes the following elements:
Preschool through grade 12 education and postsecondary education
With respect to preschool through grade 12 education and postsecondary education—
a unique statewide student identifier that does not permit a student to be individually identified by users of the system;
student-level enrollment, demographic, and program participation information;
student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete P–16 education programs;
the capacity to communicate with higher education data systems; and
a State data audit system assessing data quality, validity, and reliability.
Preschool through grade 12 education
With respect to preschool through grade 12 education—
yearly test records of individual students with respect to assessments under section 6311(b)(2) of this title;
information on students not tested by grade and subject;
a teacher identifier system with the ability to match teachers to students;
student-level transcript information, including information on courses completed and grades earned; and
student-level college readiness test scores.
Postsecondary education
With respect to postsecondary education, data that provide—
information regarding the extent to which students transition successfully from secondary school to postsecondary education, including whether students enroll in remedial coursework; and
other information determined necessary to address alignment and adequate preparation for success in postsecondary education.
Functions of the statewide P–16 education data system
In implementing the statewide P–16 education data system, the State shall—
identify factors that correlate to students’ ability to successfully engage in and complete postsecondary-level general education coursework without the need for prior developmental coursework;
identify factors to increase the percentage of low-income and minority students who are academically prepared to enter and successfully complete postsecondary-level general education coursework; and
use the data in the system to otherwise inform education policy and practice in order to better align State academic content standards, and curricula, with the demands of postsecondary education, the 21st century workforce, and the Armed Forces.
Application
In general
Each State desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
Application contents
Each application submitted under this section shall specify whether the State application is for the conduct of P–16 education alignment activities, or the establishment or improvement of a statewide P–16 education data system. The application shall include, at a minimum, the following:
A description of the activities and programs to be carried out with the grant funds and a comprehensive plan for carrying out the activities.
A description of how the concerns and interests of the larger education community, including parents, students, teachers, teacher educators, principals, and preschool administrators 2 will be represented in carrying out the authorized activities described in subsection (e).
In the case of a State applying for funding for P–16 education alignment, a description of how the State will provide assistance to local educational agencies in implementing rigorous State academic content standards, substantive curricula, remediation, and acceleration opportunities for students, as well as other changes determined necessary by the State.
In the case of a State applying for funding to establish or improve a statewide P–16 education data system—
a description of the privacy protection and enforcement measures that the State has implemented or will implement pursuant to subsection (e)(2)(C), and assurances that these measures will be in place prior to the establishment or improvement of the statewide P–16 education data system; and
an assurance that the State will continue to fund the statewide P–16 education data system after the end of the grant period.
Supplement not supplant
Grant funds provided under this section shall be used to supplement, not supplant, other Federal, State, and local funds available to carry out the authorized activities described in subsection (e).
Matching requirement
Each State that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant.
Rule of construction
No raw data requirement
Nothing in this section shall be construed to require States to provide raw data to the Secretary.
Private or home schools
Nothing in this section shall be construed to affect any private school that does not receive funds or services under this Act or any home school, whether or not the home school is treated as a home school or a private school under State law, including imposing new requirements for students educated through a home school seeking admission to institutions of higher education.
Authorization of appropriations
There are authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2011 and 2012.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
America COMPETES Act
Pub. L. 110–69 title VI § 6201 · 121 Stat. 572
Enacted · 20 U.S.C. § 9871
Pub. L. 110–69, title VI, § 6201, formerly § 6401, Aug. 9, 2007, 121 Stat. 668
Source evidence
Code source credit
Pub. L. 110–69, title VI, § 6201, formerly § 6401, Aug. 9, 2007, 121 Stat. 668Enacted provision · exact public law section
SEC. 6201. MATH NOW FOR ELEMENTARY SCHOOL AND MIDDLE SCHOOL STUDENTS PROGRAM. (a) Purpose.— The purpose of this section is to enable all students to reach or exceed grade-level academic achievement standards and to prepare the students to enroll in and pass algebra courses by— (1) improving instruction in mathematics for students in kindergarten through grade 9 through the implementation of mathematics programs and the support of comprehensive mathematics initiatives that are research-based and reflect a demonstrated record of effectiveness; and (2) providing targeted help to low-income students who are struggling with mathematics and whose achievement is significantly below grade level. (b) Definition of Eligible Local Educational Agency.— In this section, the term “eligible local educational agency” means a high-need local educational agency (as defined in section 6112(3)) serving 1 or more schools— (1) with significant numbers or percentages of students whose mathematics skills are below grade level; (2) that are not making adequate yearly progress in mathematics under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); or (3) in which students are receiving instruction in mathematics from teachers who do not have mathematical content knowledge or expertise in the teaching of mathematics. (c) Program Authorized.— (1) In general.— From the amounts appropriated under subsection (k) for any fiscal year, the Secretary is authorized to award grants, on a competitive basis, for a period of 3 years, to State educational agencies to enable the State educational agencies to award grants to eligible local educational agencies to carry out the activities described in subsection (e) for students in any of the grades kindergarten through grade 9. (2) Priority.— In awarding grants under this section, the Secretary shall give priority to applications for projects that will implement statewide strategies for improving mathematics instruction and raising the mathematics achievement of students, particularly students in grades 4 through 8. (d) State Uses of Funds.— (1) In general.— Each State educational agency that receives a grant under this section for a fiscal year— (A) shall expend not more than a total of 10 percent of the grant funds to carry out the activities described in paragraph (2) or (3) for the fiscal year; and (B) shall use not less than 90 percent of the grant funds to award grants, on a competitive basis, to eligible local educational agencies to enable the eligible local educational agencies to carry out the activities described in subsection (e) for the fiscal year. (2) Mandatory uses of funds.— A State educational agency shall use the grant funds made available under paragraph (1)(A) to carry out each of the following activities: (A) Planning and administration.— Planning and administration, including— (i) evaluating applications from eligible local educational agencies using peer review teams described in subsection (f)(1)(D); (ii) administering the distribution of grants to eligible local educational agencies; and (iii) assessing and evaluating, on a regular basis, eligible local educational agency activities assisted under this section, with respect to whether the activities have been effective in increasing the number of students— (I) making progress toward meeting grade-level mathematics achievement; and (II) meeting or exceeding grade-level mathematics achievement. (B) Reporting.— Annually providing the Secretary with a report on the implementation of this section as described in subsection (i). (3) Permissive uses of funds; technical assistance.— (A) In general.— A State educational agency may use the grant funds made available under paragraph (1)(A) for 1 or more of the following technical assistance activities that assist an eligible local educational agency, upon request by the eligible local educational agency, in accomplishing the tasks required to design and implement a project under this section, including assistance in— (i) implementing mathematics programs or comprehensive mathematics initiatives that are research-based and reflect a demonstrated record of effectiveness; (ii) evaluating and selecting diagnostic and classroom based instructional mathematics assessments; and (iii) identifying eligible professional development providers to conduct the professional development activities described in subsection (e)(1)(B). (B) Guidance.— The technical assistance described in subparagraph (A) shall be guided by researchers with expertise in the pedagogy of mathematics, mathematicians, and mathematics educators from high-risk, high-achievement schools and eligible local educational agencies. (e) Local Uses of Funds.— (1) Mandatory uses of funds.— Each eligible local educational agency receiving a grant under this section shall use the grant funds to carry out each of the following activities for students in any of the grades kindergarten through grade 9: (A) To implement mathematics programs or comprehensive mathematics initiatives— (i) for students in the grades of a participating school as identified in the application submitted under subsection (f)(2)(B); and (ii) that are research-based and reflect a demonstrated record of effectiveness. (B) To provide professional development and instructional leadership activities for teachers and, if appropriate, for administrators and other school staff, on the implementation of comprehensive mathematics initiatives designed— (i) to improve the achievement of students performing significantly below grade level; (ii) to improve the mathematical content knowledge of the teachers, administrators, and other school staff; (iii) to increase the use of effective instructional practices; and (iv) to monitor student progress. (C) To conduct continuous progress monitoring, which may include the adoption and use of assessments that— (i) measure student progress and identify areas in which students need help in learning mathematics; and (ii) reflect mathematics content that is consistent with State academic achievement standards in mathematics described in section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)). (2) Permissive uses of funds.— An eligible local educational agency may use grant funds under this section to— (A) adopt and use mathematics instructional materials and assessments; (B) implement classroom-based assessments, including diagnostic or formative assessments; (C) provide remedial coursework and interventions for students, which may be provided before or after school; (D) provide small groups with individualized instruction in mathematics; (E) conduct activities designed to improve the content knowledge and expertise of teachers, such as the use of a mathematics coach, enrichment activities, and interdisciplinary methods of mathematics instruction; and (F) collect and report performance data. (f) Applications.— (1) State educational agency.— Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall include— (A) an assurance that the core mathematics instructional program, supplemental instructional materials, and intervention programs used by the eligible local educational agencies for the project, are research-based and reflect a demonstrated record of effectiveness and are aligned with State academic achievement standards; (B) an assurance that eligible local educational agencies will meet the requirements described in paragraph (2); (C) an assurance that local applications will be evaluated using a peer review process; (D) a description of the qualifications of the peer review teams, which shall consist of— (i) researchers with expertise in the pedagogy of mathematics; (ii) mathematicians; and (iii) mathematics educators serving high-risk, high-achievement schools and eligible local educational agencies; and (E) an assurance that the State has a process to safeguard against conflicts of interest consistent with subsection (j)(2) and section 6204 for individuals providing technical assistance on behalf of the State educational agency or participating in the State peer review process under this subtitle. (2) Eligible local educational agency.— Each eligible local educational agency desiring a grant under this section shall submit an application to the State educational agency at such time and in such manner as the State educational agency may require. Each application shall include— (A) an assurance that the eligible local educational agency will provide assistance to 1 or more schools that are— (i) served by the eligible local educational agency; and (ii) described in section 6201(b); (B) a description of the grades, and of the schools, that will be served; (C) information, on an aggregate basis, on each school to be served by the project, including such demographic, socioeconomic, and mathematics achievement data as the State educational agency may request; (D) a description of the core mathematics instructional program, supplemental instructional materials, and intervention programs or strategies that will be used for the project, including an assurance that the programs or strategies are research-based and reflect a demonstrated record of effectiveness and are aligned with State academic achievement standards; (E) a description of the activities that will be carried out under the grant, including a description of the professional development that will be provided to teachers, and, if appropriate, administrators and other school staff, and a description of how the activities will support achievement of the purpose of this section; (F) an assurance that the eligible local educational agency will report to the State educational agency all data on student academic achievement that is necessary for the State educational agency’s report under subsection (i); (G) a description of the eligible entity’s plans for evaluating the impact of professional development and leadership activities in mathematics on the content knowledge and expertise of teachers, administrators, or other school staff; and (H) any other information the State educational agency may reasonably require. (g) Prohibitions.— (1) In general.— In implementing this section, the Secretary shall not— (A) endorse, approve, or sanction any mathematics curriculum designed for use in any school; or (B) engage in oversight, technical assistance, or activities that will require the adoption of a specific mathematics program or instructional materials by a State, local educational agency, or school. (2) Rule of construction.— Nothing in this subtitle shall be construed to authorize or permit the Department of Education, or a Department of Education contractor, to mandate, direct, control, or suggest the selection of a mathematics curriculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school. (h) Matching Requirements.— (1) State educational agency.— A State educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant, of which not more than 20 percent of such 50 percent may be provided by local educational agencies within the State. (2) Waiver.— The Secretary may waive all of or a portion of the matching requirement described in paragraph (1) for any fiscal year, if the Secretary determines that— (A) the application of the matching requirement will result in serious hardship for the State educational agency; or (B) providing a waiver best serves the purpose of the program assisted under this section. (i) Program Performance and Accountability.— (1) Information.— Each Reports. Deadline. State educational agency receiving a grant under this section shall collect and report to the Secretary annually such information on the results of the grant as the Secretary may reasonably require, including information on— (A) mathematics achievement data that show the progress of students participating in projects under this section (including, to the extent practicable, comparable data from students not participating in such projects), based primarily on the results of State, school district wide, or classroom-based, assessments, including— (i) specific identification of those schools and eligible local educational agencies that report the largest gains in mathematics achievement; and (ii) evidence on whether the State educational agency and eligible local educational agencies within the State have— (I) significantly increased the number of students achieving at grade level or above in mathematics; (II) significantly increased the percentages of students described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are achieving at grade level or above in mathematics; (III) significantly increased the number of students making significant progress toward meeting grade-level mathematics achievement standards; and (IV) successfully implemented this section; (B) the percentage of students in the schools served by the eligible local educational agency who enroll in algebra courses and the percentage of such students who pass algebra courses; and (C) the progress made in increasing the quality and accessibility of professional development and leadership activities in mathematics, especially activities resulting in greater content knowledge and expertise of teachers, administrators, and other school staff, except that the Secretary shall not require such information until after the third year of a grant awarded under this section. (2) Reporting and disaggregation.— The information required under paragraph (1) shall be— (A) reported in a manner that allows for a comparison of aggregated score differentials of student academic achievement before (to the extent feasible) and after implementation of the project assisted under this section; and (B) disaggregated in the same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)). (3) Privacy protection.— The data in the report shall be reported in a manner that— (A) protects the privacy of individuals; and (B) complies with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974). (j) Evaluation and Technical Assistance.— (1) Evaluation.— (A) In general.— The Secretary shall conduct an annual independent evaluation, by grant or by contract, of the program assisted under this section, which shall include an assessment of the impact of the program on student academic achievement and teacher performance, and may use funds available to carry out this section to conduct the evaluation. (B) Report.— The Secretary shall annually submit, to the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, a report on the results of the evaluation. (C) Limitations.— (i) In general.— The Secretary shall ensure that the organization selected to carry out the independent evaluation under subparagraph (A) does not hold a contract or subcontract to implement any aspect of the program under this section. (ii) Subcontractors.— Any contract entered into under subparagraph (A) shall prohibit the organization conducting the evaluation from subcontracting with any entity that holds a contract or subcontract for any aspect of the implementation of this section. (iii) Waiver.— Subject to clause (iv), the Secretary may waive the application of clause (i) or (ii), or both, in accordance with the requirements under section 9.503 of title 48, Code of Federal Regulations, if the Secretary determines that their application in a particular situation would not be in the Federal Government’s interest. (iv) Special rule regarding waivers.— No organization or subcontractor under this paragraph shall receive a waiver that allows the organization or subcontractor to evaluate any aspect of the program under this section that the organization or subcontractor was involved in implementing. (2) Technical assistance.— (A) In general.— The Secretary may use funds made available under paragraph (3) to provide technical assistance to prospective applicants and to eligible local educational agencies receiving a grant under this section. (B) Conflicts of interest.— If the Secretary carries out subparagraph (A) through any contracts, the Secretary, in consultation with the Office of the General Counsel of the Department, shall ensure that each contract requires the contractor to— (i) screen for conflicts of interest when hiring individuals to carry out the responsibilities under the contract; (ii) include the requirement of clause (i) in any subcontracts the contractor enters into under the contract; and (iii) establish and follow a schedule for carrying out clause (i) and subparagraph (C) and reporting to the Secretary on the contractor’s actions under those provisions. (C) Screening process.— Subject to subparagraph (D), the screening process described in subparagraph (B)(i) shall— (i) include, at a minimum, a review of— (I) each individual performing duties under the contract or subcontract for connections to any State’s program under this section; (II) such individual’s potential financial interests in, or other connection to, products, activities, or services that might be purchased by a State educational agency or local educational agency in the course of the agency’s implementation of the program under this section; and (III) such individual’s connections to teaching methodologies that might require the use of specific products, activities, or services; and (ii) ensure that individuals performing duties under the contract do not maintain significant financial interests in products, activities, or services supported under this section. (D) Waiver.— (i) In general.— The Secretary may, in consultation with the Office of the General Counsel of the Department, waive the requirements of subparagraph (C). (ii) Report.— The Secretary shall— (I) Criteria. establish criteria for the waivers under clause (i); and (II) Waivers. report any waivers under clause (i), and the criteria under which such waivers are allowed, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (E) Information dissemination.— (i) In general.— If the Secretary enters into contracts to provide technical assistance under subparagraph (A), and if a contractor enters into subcontracts for that purpose, each such contract and subcontract shall require the provider of technical assistance to clearly separate technical assistance provided under the contract or subcontract from information provided, or activities engaged in, as part of the normal operations of the contractor or subcontractor. (ii) Methods of compliance.— Efforts to comply with clause (i) may include the creation of separate webpages for the purpose of fulfilling a contract or subcontract entered into under subparagraph (A). (3) Reservation of funds.— The Secretary may reserve not more than 2.5 percent of funds appropriated under subsection (k) for a fiscal year to carry out this subsection. (k) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $95,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years.America COMPETES Reauthorization Act of 2010
Pub. L. 111–358 § 1003(c) · 124 Stat. 3982
Amended · 20 U.S.C. § 9871(j)
Pub. L. 111–358, § 1003(c), amended subsec. (j) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $120,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 111–358, § 1003(c), amended subsec. (j) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $120,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009.”Enacted provision · exact public law section
(c) Alignment of Education Programs.— Section 6201(j), as redesignated by section 1002(b)(3), 20 USC 9871. is amended to read as follows: “(j) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2011 and 2012.” .Every Student Succeeds Act
Pub. L. 114–95 title IX § 9215(i)(4) · 129 Stat. 1802
Substituted · 20 U.S.C. § 9871(e)(2)(D)(ii)(I)
Pub. L. 114–95, which directed amendment of section 6401(e)(2)(D)(ii)(I) of Pub. L. 110–69 by substituting “yearly test records of individual students with respect to assessments under section 6311(b)(2) of this title” for “yearly test records of individual students with respect to assessments under section 6311(b) of this title”, was executed to this section to reflect the probable intent of Congress and the renumbering of section 6401 of Pub. L. 110–69 as this section
Source evidence
Code amendment note
Subsec. (e)(2)(D)(ii)(I). Pub. L. 114–95, which directed amendment of section 6401(e)(2)(D)(ii)(I) of Pub. L. 110–69 by substituting “yearly test records of individual students with respect to assessments under section 6311(b)(2) of this title” for “yearly test records of individual students with respect to assessments under section 6311(b) of this title”, was executed to this section to reflect the probable intent of Congress and the renumbering of section 6401 of Pub. L. 110–69 as this section.Enacted provision · exact public law section
(4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 9871(e)(2)(D)(ii)(I)) is amended by striking “yearly test records of individual students with respect to assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b))” and inserting “yearly test records of individual students with respect to assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2))”.Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
3 of 3 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in subsecs. (e)(2)(C)(ii)(II) and (i)(2), is Pub. L. 110–69, , 121 Stat. 572, known as the America COMPETES Act, and also as the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables.
Prior Provisions
A prior section 6201 of Pub. L. 110–69 was classified to section 9851 of this title prior to repeal by Pub. L. 111–358.
Amendments2011–2015 · 2 rounds
2015
Subsec. (e)(2)(D)(ii)(I). Pub. L. 114–95, which directed amendment of section 6401(e)(2)(D)(ii)(I) of Pub. L. 110–69 by substituting “yearly test records of individual students with respect to assessments under section 6311(b)(2) of this title” for “yearly test records of individual students with respect to assessments under section 6311(b) of this title”, was executed to this section to reflect the probable intent of Congress and the renumbering of section 6401 of Pub. L. 110–69 as this section.
2011
Subsec. (j). Pub. L. 111–358, § 1003(c), amended subsec. (j) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section $120,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Credits
2007–2015 · 3 acts
- 2007Pub. L. 110–69, title VI, § 6201, formerly § 6401, , 121 Stat. 668
- 2011renumbered § 6201 and amended Pub. L. 111–358, title X, §§ 1002(b)(3), 1003(c), , 124 Stat. 4048, 4049
- 2015Pub. L. 114–95, title IX, § 9215(i)(4), , 129 Stat. 2168.
Show as published
(Pub. L. 110–69, title VI, § 6201, formerly § 6401, , 121 Stat. 668; renumbered § 6201 and amended Pub. L. 111–358, title X, §§ 1002(b)(3), 1003(c), , 124 Stat. 4048, 4049; Pub. L. 114–95, title IX, § 9215(i)(4), , 129 Stat. 2168.)