Sec. 108. Subgrants to local educational agencies
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In awarding subgrants under this section, a State educational agency shall— before awarding any subgrants to local educational agencies serving high schools identified for targeted intervention under section 105(b)(2), award subgrants to, on a competitive basis, local educational agencies serving high schools identified as needing whole school reform and replacement; and ensure that each subgrant awarded to a local educational agency provides funding adequate to fulfill the school improvement needs outlined in the local educational agency's school plan, as approved by the State educational agency.
If subgrant funds remain after the application of subsection (a), then the State educational agency shall award remaining subgrant funds to local educational agencies serving high schools needing targeted interventions. A State educational agency that receives a grant under this title shall award subgrants, in accordance with subsections
(a)and (b), to local educational agencies on the basis of— the quality of the school improvement plan to improve student graduation rates and student achievement in high schools that have not made annual measurable growth for 2 consecutive years; the capacity of the local educational agency to implement the plan; and the need of the local educational agency, based on student high school graduation rates and the percentage of students from families with incomes below the poverty line. To be eligible to receive a subgrant under this title, 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. Each application submitted under this subsection shall include— a description, for each high school identified pursuant to section 109(b)(1), of how the local educational agency will carry out activities described in section 110 for the high school; a description of the local educational agency staffing structure that is designed to— carry out the activities described in section 109(a); assist school improvement teams, including supporting local educational agency and school officials in developing and implementing high school improvement plans, by providing resources, training, and technical assistance, and through other means; and coordinate services across other governmental agencies and nongovernmental organizations to streamline and improve support provided to schools identified for a school improvement category described in section 105(b)(2); a description of the policies and procedures the local educational agency shall implement to ensure the distribution and assignment of high-quality teachers and leaders in a manner that first fulfills the needs of the schools identified as needing targeted intervention, whole school reform, or replacement; an assurance that the local educational agency will use subgrant funds under this title first to meet the needs of high schools served by the local educational agency that are identified for whole school reform or replacement under clause
(ii)or
(iii)of section 105(b)(2); an assurance that the local educational agency shall provide ongoing support and resources to high schools identified for whole school reform or replacement, and are making progress on the State's school performance indicators described in section 105(b)(3), to ensure continued improvement; a description of how the local educational agency will increase its capacity to improve high schools with low student achievement and graduation rates; and an assurance that the local educational agency will conduct the capacity and needs assessment required under subsection (b)(9) and provide the results of the assessment to the State educational agency. The local educational agency shall describe how data will be used, consistent with the requirements of this section, to inform the classification of high schools, and development and implementation of school improvement plans, including that data described in section 109(b)(1)(A). A local educational agency that receives a subgrant under this section shall use the subgrant funds to supplement, and not supplant, other Federal and non-Federal funds available for high schools served by the local educational agency. A local educational agency receiving a subgrant under this section shall provide matching funds, from non-Federal sources, in an amount equal to not less than 15 percent of the total subgrant award for the local educational agency, which may be provided in cash or in-kind. The matching funds shall be used to provide technical assistance to high schools served by the local educational agency in— developing the high schools' high school improvement plans described in section 109(b)(4); conducting the capacity and needs assessments described in section 109(b)(9); and implementing and monitoring the implementation of the high school improvement plans. The Secretary may waive all or part of the matching requirement described in paragraph
(1)for any fiscal year for a local educational agency if the Secretary determines that applying the matching requirement to such local educational agency would result in serious hardship or an inability to carry out the authorized activities described in section 110.