Sec. 301. General provisions
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The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— in title IV (20 U.S.C. 7101 et seq.)— by redesignating subpart 3 of part A as subpart 5 of part E of title IX and moving that subpart to follow subpart 4 of part E of title IX, as redesignated by section 201 of this Act; by redesignating section 4141 as section 9561; by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536; by redesignating part C as subpart 6 of part E of title IX and moving that subpart to follow subpart 5 of part E of title IX, as redesignated by subparagraph (A); and by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and by striking title IV ( 20 U.S.C. 7101 et seq. ) and inserting the following:
The purpose of this title is to improve students’ safety, health, and well-being during and after the school day by— increasing the capacity of local educational agencies, schools, and local communities to create safe, healthy, supportive, and drug-free environments; carrying out programs designed to improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; preventing and reducing substance abuse, school violence, and bullying; and strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment.
In this title: The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). The term drug includes controlled substances, the illegal use of alcohol or tobacco, and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. The term drug and violence prevention means— with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; and with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, though the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others.
The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such services to children and adolescents. The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to States and local educational agencies carrying out activities under this title or conducting a national evaluation; 1/2 of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and 1/2 of 1 percent for the Secretary of the Interior for programs under this title in schools operated or funded by the Bureau of Indian Education.
In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this title for any fiscal year and not reserved under subsection (a). Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph
(A)for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. No State receiving an allotment under paragraph
(1)may receive less than 1/2 of 1 percent of the total amount allotted under such paragraph. If a State does not receive an allotment under this title for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. Each State that receives an allotment under this section shall reserve not less than 98 percent of the amount allotted to such State under subsection (b), for each fiscal year for subgrants to local educational agencies under section 4104. A State educational agency may use not more than 1 percent of the amount made available to the State under subsection
(b)for the administrative costs of carrying out its responsibilities under this title. A State educational agency may use the amount made available to the State under subsection
(b)and not reserved under paragraph
(1)for the following activities: Providing training, technical assistance, and capacity building to local educational agencies that are recipients of awards under this title. Other activities identified by the State that meet the purpose of this title. In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. Each plan submitted by a State under this section shall include the following: A description of how the State educational agency will use funds received under this title for State-level activities. An assurance that the State educational agency will monitor the implementation of activities under this title and provide technical assistance to local educational agencies in carrying out such activities. A State that receives an allotment under this title for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies in accordance with this section. From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency in the State an amount that bears the same relationship to such funds as the number of individuals ages 5 to 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 such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. Of the amount received under paragraph (2), a local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this title. 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. A local educational agency shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, pupil services personnel, students, community-based organizations, local government representatives, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title. On an ongoing basis, the local educational agency shall consult with the individuals and organizations described in subparagraph
(A)in order to seek advice regarding how best— to improve the local educational agency’s activities in order to meet the purpose of this title; and to coordinate such agency’s activities under this title with other related strategies, programs, and activities being conducted in the community. To be eligible to receive a subgrant under this section, a local educational agency shall conduct a comprehensive needs assessment of the local educational agency and of all schools within the jurisdiction of the local educational agency. The needs assessment required under subparagraph
(A)shall take into account risk factors of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, and the physical and mental health and well-being of youth in the school and community. Each application submitted under this subsection shall be based on the needs assessment described in paragraph
(3)and shall include the following: The results of the needs assessment described in paragraph
(3)and an identification of each school that will be served by a subgrant under this section. A description of the activities to be carried out by the local educational agency under this title and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). A description of the performance indicators that will be used to evaluate the effectiveness of the activities carried out under this section. An assurance that the activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. An assurance that the local educational agency will prioritize funds to schools served by the local educational agency that— are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); have the highest percentages or numbers of children counted under section 1124(c); are identified for improvement under section 1114; or are identified as a persistently dangerous public elementary school or secondary school under section 9532. An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). A local educational agency that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs, that are in accordance with the purpose of this title and— foster safe, healthy, supportive, and drug-free environments that support student academic achievement; are consistent with the principles of effectiveness described in subsection (b); promote the involvement of parents in the activity or program; and may include, among other programs and activities— drug and violence prevention activities and programs, including professional development and training for school and pupil services personnel, and interested community members in prevention, education, early identification, and intervention mentoring, or rehabilitation referral, as related to drug and violence prevention; before and after school programs and activities, including during summer recess periods, and programs to extend the school day, week, or school-year calendar; school-based mental health services, including early identification of drug use and violence, and direct individual or group counseling services provided by qualified school-based mental health services providers; emergency intervention services following traumatic crisis events; programs that train school personnel to identify warning signs of youth suicide; mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, or who lack strong positive role models; elementary school and secondary school counseling programs; programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for elementary school and secondary school students; implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act; and other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that meet the purpose of this title. For a program or activity developed pursuant to this title to meet the principles of effectiveness, such program or activity shall— be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools and communities to be served to— improve school safety and promote students’ physical and mental health well-being, healthy eating and nutrition, and physical fitness; and strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; be based upon an established set of performance measures aimed at ensuring a healthy, safe, and supportive school environment for students in the elementary schools and secondary schools and communities to be served by the program; reflect, to the extent practicable, scientifically valid research, or in the absence of a strong research base, reflect best practices in the field, that provides evidence that the program or activity will provide students a healthy, safe, and supportive school environment; and include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity. The program or activity shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing students a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness. The results of evaluations under subparagraph
(A)shall be— used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and made available to the public upon request, with public notice of such availability provided. Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. No funds under this title may be used for— construction; or medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs. There are authorized to be appropriated to carry out this title $1,372,627,000 for each of fiscal years 2014 through 2018. .
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