Sec. 4002. Grants to States and local educational agencies
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Part A of title IV ( 20 U.S.C. 7101 et seq. ) is amended to read as follows: The purpose of this part is to improve students’ safety, health, well-being, and academic achievement during and after the school day by— increasing the capacity of local educational agencies, schools, and local communities to improve conditions for learning through the creation of safe, healthy, supportive, and drug-free environments; carrying out programs designed to improve school safety and promote students’ physical and mental health and well-being; preventing and reducing substance use and abuse, school violence, harassment, and bullying; and strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment.
In this part: 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 (including smokeless tobacco products and electronic cigarettes), 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, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the evidence-based consequences of drug use; 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, through 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 mental health services to children and adolescents, including children in early childhood education programs. 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 5 percent for national activities, which the Secretary may carry out directly or through grants, contracts, or agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this part or conducting a national evaluation; one-half 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 part; one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education; and such funds as may be necessary for the Project School Emergency Response to Violence program (referred to as Project SERV ), which is authorized to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis, and which funds shall remain available for obligation until expended.
In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this part 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 individuals, 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)shall receive less than one-half of 1 percent of the total amount allotted under such paragraph. The amount allotted under subparagraph
(A)to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph. If a State does not receive an allotment under this part 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 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to local educational agencies, which may include consortia of such agencies, under section 4104. A State educational agency shall 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 part. A State educational agency shall use the amount made available to the State under subsection
(b)and not reserved under paragraph
(1)for activities and programs designed to meet the purposes of this part, which— shall include— providing training, technical assistance, and capacity building to local educational agencies that are recipients of a subgrant under section 4104, which may include identifying and disseminating best practices for professional development and capacity building for teachers, administrators, and specialized instructional support personnel in schools that are served by local educational agencies under this part; and publicly reporting on how funds made available under this part are being expended by local educational agencies under section 4104; and may include— identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this part, so that local educational agencies can better coordinate with other agencies, schools and community-based services and programs; assisting local educational agencies to expand access to or coordination of resources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs described in section 4105(a)(4)(C); supporting programs and activities that offer a variety of well-rounded educational experiences to students; supporting activities that promote physical and mental health and well-being for students and staff; designing and implementing a grant process for local entities that wish to use funds to reduce exclusionary discipline practices in elementary schools and secondary schools, in a manner consistent with State or federally identified best practices on the subject; assisting in the creation of a continuum of evidence-based or promising practices in the reduction of juvenile delinquency; promoting gender equity in education by supporting local educational agencies in meeting the requirements of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); providing local educational agencies with evidence-based resources— addressing— student athletic safety, such as developing a plan for concussion safety and recovery practices (which may include policies that prohibit student athletes suspected of having a concussion from returning to play the same day); cardiac conditions such as cardiomyopathy; and exposure to excessive heat and humidity; and relating to the development of recommended guidelines for an emergency action plan for youth athletics; designing and implementing evidence-based mental health awareness training programs for the purposes of— recognizing the signs and symptoms of mental illness; providing education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health; or providing education to school personal regarding the safe de-escalation of crisis situations involving a student with a mental illness; and other activities identified by the State that meet the purposes of this part. 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 part for State-level activities. A description of program objectives and outcomes for activities under this part. An assurance that the State educational agency will review existing resources and programs across the State and will coordinate any new plans and resources under this part with such existing programs and resources. An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. Each State receiving a grant under this part shall annually prepare and submit a report to the Secretary, which shall include— how the State and local educational agencies used funds provided under this part; and the degree to which the State and local educational agencies have made progress toward meeting the objectives and outcomes described in the plan submitted by the State under paragraph (2)(B). Funds available under subsection (a)(4) for extended services grants under the Project School Emergency Response to Violence program (referred to in this subsection as the Project SERV program ) may be used by a local educational agency or institution of higher education receiving such grant to initiate or strengthen violence prevention activities, as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded, and as provided in this subsection. A local educational agency or institution of higher education desiring to use a portion of extended services grant funds under the Project SERV program to initiate or strengthen a violence prevention activity shall— submit, in an application that meets all requirements of the Secretary for the Project SERV program, the information described in subparagraph (B); or in the case of a local educational agency or institution of higher education that has already received an extended services grant under the Project SERV program, submit an addition to the original application that includes the information described in subparagraph (B). The information required under this subparagraph is the following: A demonstration that there is a continued disruption or a substantial risk of disruption to the learning environment that would be addressed by such activity. An explanation of the proposed activity designed to restore and preserve the learning environment. A budget and budget narrative for the proposed activity. Any award of funds under the Project SERV program for violence prevention activities under this subsection shall be subject to the discretion of the Secretary and the availability of funds. No funds provided to a local educational agency or institution of higher education under the Project SERV program for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the local educational agency or institution. A State that receives an allotment under this part for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies, which may include consortia of such 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 or consortium of such agencies in the State an amount that bears the same relationship to such funds as the number of individuals aged 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 or consortium of such agencies may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies 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 or consortium of such agencies shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, school leaders, specialized instructional support personnel, early childhood educators, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations (if applicable) that may be located in the region served by the local educational agency, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part. On an ongoing basis, the local educational agency or consortium of such agencies shall consult with the individuals and organizations described in subparagraph
(A)in order to seek advice regarding how best— to improve the local activities in order to meet the purpose of this part; and to coordinate such activities under this part 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 or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served and of all schools within the jurisdiction of the local educational agency or agencies proposed to be served. In conducting the needs assessment required under subparagraph (A), the local educational agency or consortium of such agencies shall— take into account applicable and available school-level data on indicators or measures of school quality, climate and safety, and discipline, including those described in section 1111(d)(1)(C)(v); and take into account risk factors in the community, school, family, or peer-individual domains that— are known through prospective, longitudinal research efforts to be predictive of drug use, violent behavior, harassment, disciplinary issues, and to have an effect on the physical and mental health and well-being of youth in the school and community; and may include using available State and local data on incidence, prevalence, and perception of such risk factors. 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 that the local educational agency or consortium of such agencies will carry out under this part and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). A description of the performance indicators that the local educational agency or consortium of such agencies will use to evaluate the effectiveness of the activities carried out under this section. a description of the programs or activities that the local educational agency or consortium of such agencies will carry out under this part to assist schools in facilitating safe relationship behavior between and among students, as determined necessary by the local educational agency to meet the purposes of this part and which may include— providing age-appropriate education and training, and improving instructional practices on developing effective communication skills, and on how to recognize and prevent coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, and sexual violence and harassment. An assurance that such 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 or consortium of such agencies will prioritize the distribution of funds to schools served by the local educational agency or consortium of such agencies 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 under section 1114(a)(1)(A); or are identified as a persistently dangerous public elementary school or secondary school under section 9532. An assurance that the local educational agency or consortium of such agencies will comply with section 9501 (regarding equitable participation by private school children and teachers). A local educational agency or consortium of such agencies 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 and may be conducted in partnership with nonprofit organizations with a demonstrated record of success in implementing activities, that are in accordance with the purpose of this part 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, as appropriate; and may include, among other programs and activities— drug and violence prevention activities and programs (including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes), including professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, and intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral, as related to drug and violence prevention; programs that support extended learning opportunities, including before- and after-school programs and activities, programs during summer recess periods, and expanded learning time; in accordance with subsections
(c)and (d), school-based mental health services, including early identification of mental-health symptoms, drug use and violence, and appropriate referrals to direct individual or group counseling services provided by qualified school or community-based mental health services providers; in accordance with subsections
(c)and (d), school-based mental health services partnership programs that— are conducted in partnership with a public or private mental-health entity or health care entity, which may also include a child welfare agency, family-based mental health entity, trauma network, or other community-based entity; and provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are based on trauma-informed and evidence practices, are coordinated (where appropriate) with early intervening services carried out under the Individuals with Disabilities Education Act, are provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise, and may include— the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; notwithstanding section 4107, the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; the development and implementation of programs to assist children in dealing with trauma and violence; and the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; emergency planning and intervention services following traumatic crisis events; programs that train school personnel to identify warning signs of youth drug abuse and 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, drug use and abuse; or lack strong positive role models; early childhood, elementary school, and secondary school counseling programs, including college and career guidance programs, such as— postsecondary education and career awareness and exploration activities; efforts to enhance the use of information about local workforce needs in postsecondary education and career guidance programs, which may include training counselors to effectively utilize labor market information in assisting students with postsecondary education and career planning; the development of personalized learning plans for students; and financial literacy and Federal financial aid awareness activities; programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for early childhood, 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, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; programs and activities that offer a variety of well-rounded educational experience for students, such as those that— use music and the arts as tools to promote constructive student engagement, problem solving, and conflict resolution; further students’ understanding and knowledge of computer science from elementary school through secondary school; or promote volunteerism and community service; systems of high-capacity, integrated student supports; strategies that establish learning environments to further students’ academic and nonacademic skills essential for school readiness and academic success, such as by providing integrated systems of student and family supports and building teacher, principal, and other school leader capacity; bullying and harassment prevention programs or activities, including professional development and training for school and specialized instructional support personnel in the prevention, early identification, and early intervention, as related to bullying and harassment; programs or activities designed to increase school safety and improve school climate, which may include training for school personnel related to conflict prevention and resolution practices and raising awareness of issues such as— suicide prevention; effective and trauma-informed practices in classroom management; crisis management techniques; conflict resolution practices; human trafficking (defined, for purposes of this subparagraph, as an act or practice described in paragraph
(9)or
(10)of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )); and school-based violence prevention strategies; programs or activities that integrate health and safety practices into school or athletic programs, such as developing a plan for concussion safety and recovery or cardiac safety or implementing an excessive heat action plan to be used during school-sponsored athletic activities; pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; programs or activities to connect youth who are involved in, or are at risk of involvement in, juvenile delinquency or street gang activity to evidence-based and promising prevention and intervention practices related to juvenile delinquency and criminal street gang activity; child sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide— age-appropriate and developmentally-appropriate instruction for early childhood education program, elementary school, and secondary school students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sexual abuse; and information to parents and guardians of early childhood education program, elementary school, and secondary school students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child; the development and implementation of a school asthma management plan; assisting schools in educating children facing substance abuse in the home, which may include providing professional development, training, and technical assistance to elementary schools and secondary schools that serve communities with high rates of substance abuse; instructional and support activities and programs, such as activities and programs addressing chronic disease management, led by school nurses, nurse practitioners, social workers, and other appropriate specialists or professionals to help maintain the well-being of students; programs and activities that facilitate safe relationship behavior between and among students; designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as— establishing partnerships within the community to provide resources and support for schools; ensuring all service and community partners are aligned with the academic expectations of a community school in order to improve student success; and strengthening relationships between schools and communities; and other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that will increase student achievement and otherwise meet the purpose of this part. For a program or activity developed or carried out under this part to meet 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 early childhood, elementary school, secondary school, or community to be served to— improve school safety and promote students’ physical and mental health and 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 established State requirements and evidence-based criteria aimed at ensuring a healthy, safe, and supportive school environment for students in the early childhood, elementary school, secondary school, or community that will be served by the program; and include meaningful and ongoing consultation with and input from teachers, principals, school leaders, and parents in the development of the application and administration of the program or activity. The program or activity shall undergo a periodic independent, third-party evaluation to assess the extent to which the program or activity has helped the local educational agency or school provide students with a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being. The local educational agency or consortium of such agencies shall ensure that the results of the periodic evaluations described under subparagraph
(A)are— used to refine, improve, and strengthen the program or activity, and to refine locally determined criteria described under paragraph (1)(B); and made available to the public and the State. Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control, the principles of effectiveness developed or utilized by a local educational agency under this subsection. Each local educational agency receiving a subgrant under this part shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment service or treatment that is funded under this part and conducted in connection with an elementary school or secondary school under this part. Notwithstanding paragraph (1), the written, informed consent described in such paragraph shall not be required in— an emergency, where it is necessary to protect the immediate health and safety of the student, other students, or school personnel; or other instances where parental consent cannot be reasonably obtained, as defined by the Secretary. Each local educational agency receiving a subgrant under this part shall ensure that student mental health records are accorded the privacy protections provided under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part. No funds under this part may be used for— construction; or medical services or drug treatment or rehabilitation, except for integrated student supports or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. No child shall be required to obtain a prescription for a substance covered by the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) as a condition of receiving an evaluation, services, or attending a school receiving assistance under this part. There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. .
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Sec. 4002
Grants to States and local educational agencies
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