Sec. 3. STEM education facilities; career and technical education facilities
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Title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7305 et seq.) is amended— by redesignating part C as part E; by redesignating sections 5301 and 5302 as sections 5501 and 5502, respectively; and by inserting after part B the following: In this part: The term eligible entity means a local educational agency, a consortium of local educational agencies, or an education service agency. The term eligible school means— a public school that— serves students in any of grades 6 through 12; and is located— in a rural area, as defined in section 25.503 of title 7, Code of Federal Regulations, or any successor regulation; on or near trust land, as defined in section 3765 of title 38, United States Code; on or near a substantially underserved trust area, as defined in section 306F(a) of the Rural Electrification Act of 1936 ( 7 U.S.C. 936f(a) ); or in an eligible community, as defined in section 1456 of the Safe Drinking Water Act ( 42 U.S.C. 300j–16 ); or is determined by an Indian tribe or tribal organization to serve Native American students; or a Bureau-funded school, as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ).
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term Native American has the meaning given the term in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). The term public-private partnership means a partnership— between a grantee or subgrantee under this part and a private entity (which may be a nonprofit organization, business, or other nongovernmental entity); and through which the private entity will provide some or all of the required match under section 5302(e).
The term qualified project means— the modernization, renovation, or repair of facilities to provide STEM classrooms or laboratories, including updates related to student and faculty health and safety, which may include— improving the energy efficiency of a facility; improving the cost-effectiveness of a facility in delivering quality education; improving student, faculty, and staff health and safety at a facility; improving, installing, or upgrading educational technology infrastructure; retrofitting an existing building for career and technical education purposes; and a one-time repair of serviceable equipment at a facility, or replacement of equipment at a facility that is at the end of its serviceable lifespan, that will be used to further educational outcomes; building new facilities to provide STEM classrooms or laboratories; or supporting the establishment and maintenance of high-speed internet for a STEM classroom or laboratory.
The term STEM means the fields of science, technology, engineering, and mathematics, and related fields (including computer science). The term tribal organization has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ). The Secretary shall carry out a program to improve STEM education facilities by awarding grants to States, Indian tribes, and tribal organizations to enable those States, Indian tribes, and tribal organizations to carry out qualified projects at eligible schools or to award subgrants to eligible entities or tribal educational agencies to carry out qualified projects at eligible schools.
From amounts made available to carry out this section, the Secretary shall reserve 10 percent for Indian tribes and tribal organizations to enable Indian tribes and tribal organizations to carry out, or to award subgrants to tribal educational agencies to carry out, qualified projects at eligible schools. From amounts appropriated to carry out this part for each fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State that has an application approved under this section an amount that bears the same relationship as the number of schools in the State that are rural schools designated with a locale code of 41, 42, or 43, as determined by the Secretary, bears to the number of all such schools in the United States and on such Indian lands for that fiscal year.
A State receiving an allotment under subparagraph
(A)shall use the allotment to award subgrants to eligible entities to carry out qualified projects at eligible schools. A State that desires to receive a grant under this part shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may require. Such information shall include, at a minimum— a description of the process that the State will use in selecting and awarding subgrants to eligible entities; an assurance that such process will meet the requirements described in paragraph (2); an assurance that in awarding subgrants to eligible entities, the State will give priority to eligible entities that are part of a public-private partnership; and if the State has formed a public-private partnership, a description of that partnership, including how the private entity partner will contribute to the required match under subsection (e)(1). In awarding grants to States, the Secretary shall give priority to States that have formed a public-private partnership. A State that receives a grant under this section shall require an eligible entity that desires a subgrant to submit an application that contains, at a minimum, the following information: A detailed description of the qualified projects that the eligible entity will carry out with subgrant funds. A description of the need for those qualified projects. A description of how the eligible entity will ensure that the qualified projects will be adequately maintained. An identification of the eligible schools that will benefit from the qualified projects. A description of how the facilities or internet supported by the qualified project will be used for providing educational services in STEM during the school day, summer, and in after school programs. If the eligible entity has formed a public-private partnership, a description of that partnership, including how the private entity partner will contribute to the required match under subsection (e)(2). An Indian tribe or tribal organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a description of any public-private partnership that the Indian tribe or tribal organization has formed and how the private entity in such partnership will contribute to the required match described in subsection (e)(3). In awarding grants to Indian tribes or tribal organizations, the Secretary shall give priority to Indian tribes or tribal organizations that have formed a public-private partnership. The Secretary shall encourage, but not require, eligible entities, Indian tribes, tribal organizations, and tribal educational agencies to ensure that the modernization, renovation, repair, or building supported by the qualified project meets Leadership in Energy and Environmental Design
(LEED)building rating standards, Energy Star standards, Collaborative for High Performance Schools
(CHPS)criteria, Green Building Initiative environmental design and rating standards (Green Globes), the Living Building Challenge certification standards, or equivalent standards adopted by entities with jurisdiction over or related to the eligible entity or Indian tribe or tribal organization. A State that receives a grant under subsection (b)(2) shall provide, from non-Federal sources, an amount equal to 25 percent of the amount of the grant (which may be provided in cash or in kind) to carry out activities supported by the grant. An eligible entity that receives a subgrant under subsection (b)(2)(B) shall provide, from non-Federal sources, an amount equal to 25 percent of the amount of the subgrant (which may be provided in cash or in kind) to carry out activities supported by the subgrant. An Indian tribe or tribal organization that receives a grant under subsection (b)(1) shall provide, from Federal or non-Federal sources, an amount equal to 10 percent of the amount of the grant (which may be provided in cash or in kind) to carry out activities supported by the grant. The Secretary may waive the matching funds requirement under this subsection for a State, Indian tribe, or tribal organization if the Secretary determines that the State, Indian tribe, or tribal organization will be unlikely to satisfy the matching requirement. Funds made available under this part shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities supported under this part. The Secretary may reserve not more than 3 percent of funds appropriated to carry out this part for the administrative costs of this part and to provide technical assistance to States, eligible entities, Indian tribes, tribal organizations, and tribal educational agencies concerning best practices in carrying out qualified projects. Not later than 1 year after funds are appropriated to carry out this part, and every 2 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the effect of the qualified projects supported under this part on improving academic achievement. There are authorized to be appropriated to carry out this part not less than $100,000,000 for fiscal year 2020 and each succeeding fiscal year. . In this part: The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). The term community college means a public institution of higher education at which the predominant degree awarded to students is an associate’s degree, including a 2-year Tribal College or University as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) and a public 2-year State institution of higher education. The term eligible entity means— an eligible institution; a community college; a local educational agency or consortium of local educational agencies; an educational service agency; an Indian tribe; a tribal organization; or another entity determined appropriate by the Secretary. The term eligible institution means any of the following: An Alaska Native-serving institution or a Native Hawaiian-serving institution (as such terms are defined in section 317 of the Higher Education Act of 1965 ( 20 U.S.C. 1059d )), a Native American-serving, nontribal institution (as defined in section 319 of such Act ( 20 U.S.C. 1059f )), or an Asian American and Native American Pacific Islander-serving institution (as defined in section 320 of such Act ( 20 U.S.C. 1059g )). A Tribal College or University, as defined in section 316 of such Act ( 20 U.S.C. 1059c ). An 1890 Institution, as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 ). A 1994 Institution, as defined in section 2 of such Act ( 7 U.S.C. 7601 ). A Hispanic-serving agricultural college or university, as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 ). A minority-serving institution, which shall be defined as an eligible institution under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term qualified project — means the modernization, renovation, or repair of a facility that will be used to improve the quality and availability of science, technology, engineering, mathematics, or career and technical education instruction to students, and that may include— improving the energy efficiency of the facility; improving the cost-effectiveness of the facility in delivering quality education; improving student, faculty, and staff health and safety at the facility; improving, installing, or upgrading educational technology infrastructure; retrofitting an existing building for career and technical education purposes; and a one-time repair of serviceable equipment at the facility, or replacement of equipment at the facility that is at the end of its serviceable lifespan, that will be used to further educational outcomes; and does not include new construction or the payment of routine maintenance costs. The term tribal organization has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n ). From amounts appropriated to carry out this part, the Secretary shall carry out a program to improve career and technical education facilities by— awarding grants to eligible entities to enable the eligible entities to carry out qualified projects; guaranteeing loans made to eligible entities for qualified projects; or making payments of interest on bonds, loans, or other financial instruments (other than a refinancing) that are issued to eligible entities for qualified projects. An eligible entity that desires to receive a grant, loan guarantee, or payment of interest under this part shall submit an application to the Secretary at such a time, in such a manner, and containing such information as the Secretary may require. The application shall include— a detailed description of the qualified project; in the case of a qualified project described in section 5401(6)(A)(vi), a description of the educational outcomes to be furthered by the one-time repair of serviceable equipment or replacement of equipment; an indication as to whether the eligible entity prefers to receive a grant, loan guarantee, or payment of interest; a description of the need for the qualified project; a description of how the eligible entity will ensure that the qualified project will be adequately maintained; a description of how the qualified project will improve instruction and educational outcomes at the facility, including any opportunities to integrate project activities within the curriculum of a school or institution; a description of how the facility supported by the qualified project will be used for providing educational services in science, technology, engineering, mathematics, or career and technical education; a description of how the eligible entity will describe how the modernization, renovation, or repair supported by the qualified project meets Leadership in Energy and Environmental Design
(LEED)building rating standards, Energy Star standards, Collaborative for High Performance Schools
(CHPS)criteria, Green Building Initiative environmental design and rating standards (Green Globes), the Living Building Challenge certification standards, or equivalent standards adopted by entities with jurisdiction over or related to the eligible entity; a description of the fiscal capacity of the eligible entity; the percentage of students enrolled in the eligible entity or a school or institution served by the eligible entity to be served by the qualified project who are from low-income families; in the case of a qualified project at a facility that is used by students in a secondary school, the secondary school graduation rates; in the case of an eligible entity that has formed a partnership with a private entity (which may include a nonprofit organization, business, or other nongovernmental entity), a description of that partnership, including how the private entity partner will contribute to the qualified project; and such additional information and assurances as the Secretary may require. In awarding grants, guaranteeing loans, or making payments under subsection (a), the Secretary shall give priority to eligible entities that have a public-private partnership as described in subsection (b)(12). Funds made available under this part shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities supported under this part. The Secretary may reserve not more than 3 percent of funds appropriated under subsection
(g)for the administrative costs of this part and to provide technical assistance to eligible entities concerning best practices in school facility renovation, repair, and modernization. Not later than 1 year after funds are appropriated to carry out this part, and every 2 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the effect of the qualified projects supported under this part on improving academic achievement. There are authorized to be appropriated to carry out this part not less than $100,000,000 for fiscal year 2020 and each succeeding fiscal year. . The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— by redesignating the item relating to part C of title V as part E of title V; by redesignating the items relating to sections 5301 and 5302 as the items relating to sections 5501 and 5502, respectively; and by inserting before the item relating to part E of title V, as so redesignated, the following: Part C—STEM education facilities Sec. 5301. Definitions. Sec. 5302. STEM education facilities improvement. Part D—Career and technical education facilities Sec. 5401. Definitions. Sec. 5402. Career and technical facilities improvement. .
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U.S. Code
- Short title§ 7305
- Substantially underserved trust areas§ 936f
- Definitions§ 2021
- Definitions§ 5304
- Definitions§ 3002
- Definitions§ 9858n
- Definitions§ 2302
- American Indian tribally controlled colleges and universities§ 1059c
- Alaska Native and Native Hawaiian-serving institutions§ 1059d
- Native American-serving, nontribal institutions§ 1059f
- Asian American and Native American Pacific Islander-serving institutions§ 1059g
- Definitions§ 7601
- Definitions§ 3103
- Investment in historically Black colleges and universities and other minority-serving institutions§ 1067q
1 reference not yet in our index
- 42 USC 300j–16
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Sec. 3
STEM education facilities; career and technical education facilities
Cite42 USC 300j–16
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