SEC. 1008
SCHOOLWIDE PROGRAMS
Section Summary
ESSA Update
SEC. 1008. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Use of funds for schoolwide programs.--
``(A) Eligibility.--A local educational agency may
consolidate and use funds under this part, together with
other Federal, State, and local funds, in order to
upgrade the entire educational program of a school that
serves an eligible school attendance area in which not
less than 40 percent of the children are from low-income
families, or not less than 40 percent of the children
enrolled in the school are from such families.
``(B) Exception.--A school that serves an eligible
school attendance area in which less than 40 percent of
the children are from low-income families, or a school
for which less than 40 percent of the children enrolled
in the school are from such families, may operate a
schoolwide program under this section if the school
receives a waiver from the State educational agency to
do so, after taking into account how a schoolwide
program will best serve the needs of the students in the
school served under this part in improving academic
achievement and other factors.
``(2) Identification of students not required.--
``(A) In general.--No school participating in a
schoolwide program shall be required to identify--
``(i) particular children under this part as
eligible to participate in a schoolwide program;
or
``(ii) individual services as supplementary.
``(B) Supplemental funds.--In accordance with the
method of determination described in section 1118(b)(2),
a school participating in a schoolwide program shall use
funds available to carry out this section only to
supplement the amount of funds that would, in the
absence of funds under this part, be made available from
non-Federal sources for the school, including funds
needed to provide services that are required by law for
children with disabilities and English learners.
``(3) Exemption from statutory and regulatory
requirements.--
``(A) Exemption.--Except as provided in paragraph
(2), the Secretary may, through publication of a notice
in the Federal Register, exempt schoolwide programs
under this section from statutory or regulatory
provisions of any other noncompetitive formula grant
program administered by the Secretary (other than
formula or discretionary grant programs under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), except as provided in section
613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or
any discretionary grant program administered by the
Secretary, to support schoolwide programs if the intent
and purposes of such other programs are met.
``(B) Requirements.--A school that chooses to use
funds from such other programs shall not be relieved of
the requirements relating to health, safety, civil
rights, student and parental participation and
involvement, services to private school children,
comparability of services,
[[Page 129 STAT. 1863]]
maintenance of effort, uses of Federal funds to
supplement, not supplant non-Federal funds (in
accordance with the method of determination described in
section 1118(b)(2)), or the distribution of funds to
State educational agencies or local educational agencies
that apply to the receipt of funds from such programs.
``(C) Records.--A school that chooses to consolidate
and use funds from different Federal programs under this
section shall not be required to maintain separate
fiscal accounting records, by program, that identify the
specific activities supported by those particular funds
as long as the school maintains records that demonstrate
that the schoolwide program, considered as a whole,
addresses the intent and purposes of each of the Federal
programs that were consolidated to support the
schoolwide program.'';
(2) by striking subsection (b) and inserting the following:
``(b) Schoolwide Program Plan.--An eligible school operating a
schoolwide program shall develop a comprehensive plan (or amend a plan
for such a program that was in existence on the day before the date of
the enactment of the Every Student Succeeds Act) that--
``(1) is developed during a 1-year period, unless--
``(A) the local educational agency determines, in
consultation with the school, that less time is needed
to develop and implement the schoolwide program; or
``(B) the school is operating a schoolwide program
on the day before the date of the enactment of the Every
Student Succeeds Act, in which case such school may
continue to operate such program, but shall develop
amendments to its existing plan during the first year of
assistance after that date to reflect the provisions of
this section;
``(2) is developed with the involvement of parents and other
members of the community to be served and individuals who will
carry out such plan, including teachers, principals, other
school leaders, paraprofessionals present in the school,
administrators (including administrators of programs described
in other parts of this title), the local educational agency, to
the extent feasible, tribes and tribal organizations present in
the community, and, if appropriate, specialized instructional
support personnel, technical assistance providers, school staff,
if the plan relates to a secondary school, students, and other
individuals determined by the school;
``(3) remains in effect for the duration of the school's
participation under this part, except that the plan and its
implementation shall be regularly monitored and revised as
necessary based on student needs to ensure that all students are
provided opportunities to meet the challenging State academic
standards;
``(4) is available to the local educational agency, parents,
and the public, and the information contained in such plan shall
be in an understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand; and
``(5) if appropriate and applicable, is developed in
coordination and integration with other Federal, State, and
local services, resources, and programs, such as programs
supported
[[Page 129 STAT. 1864]]
under this Act, violence prevention programs, nutrition
programs, housing programs, Head Start programs, adult education
programs, career and technical education programs, and schools
implementing comprehensive support and improvement activities or
targeted support and improvement activities under section
1111(d);
``(6) is based on a comprehensive needs assessment of the
entire school that takes into account information on the
academic achievement of children in relation to the challenging
State academic standards, particularly the needs of those
children who are failing, or are at-risk of failing, to meet the
challenging State academic standards and any other factors as
determined by the local educational agency; and
``(7) includes a description of--
``(A) the strategies that the school will be
implementing to address school needs, including a
description of how such strategies will--
``(i) provide opportunities for all children,
including each of the subgroups of students (as
defined in section 1111(c)(2)) to meet the
challenging State academic standards;
``(ii) use methods and instructional
strategies that strengthen the academic program in
the school, increase the amount and quality of
learning time, and help provide an enriched and
accelerated curriculum, which may include
programs, activities, and courses necessary to
provide a well-rounded education; and
``(iii) address the needs of all children in
the school, but particularly the needs of those at
risk of not meeting the challenging State academic
standards, through activities which may include--
``(I) counseling, school-based
mental health programs, specialized
instructional support services,
mentoring services, and other strategies
to improve students' skills outside the
academic subject areas;
``(II) preparation for and awareness
of opportunities for postsecondary
education and the workforce, which may
include career and technical education
programs and broadening secondary school
students' access to coursework to earn
postsecondary credit while still in high
school (such as Advanced Placement,
International Baccalaureate, dual or
concurrent enrollment, or early college
high schools);
``(III) implementation of a
schoolwide tiered model to prevent and
address problem behavior, and early
intervening services, coordinated with
similar activities and services carried
out under the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.);
``(IV) professional development and
other activities for teachers,
paraprofessionals, and other school
personnel to improve instruction and use
of data from academic assessments, and
to recruit and retain effective
teachers, particularly in high-need
subjects; and
[[Page 129 STAT. 1865]]
``(V) strategies for assisting
preschool children in the transition
from early childhood education programs
to local elementary school programs; and
``(B) if programs are consolidated, the specific
State educational agency and local educational agency
programs and other Federal programs that will be
consolidated in the schoolwide program.'';
(3) by striking subsection (c) and inserting the following:
``(c) Preschool Programs.--A school that operates a schoolwide
program under this section may use funds available under this part to
establish or enhance preschool programs for children who are under 6
years of age.
``(d) Delivery of Services.--The services of a schoolwide program
under this section may be delivered by nonprofit or for-profit external
providers with expertise in using evidence-based or other effective
strategies to improve student achievement.
``(e) Use of Funds for Dual or Concurrent Enrollment Programs.--
``(1) In general.--A secondary school operating a schoolwide
program under this section may use funds received under this
part to operate dual or concurrent enrollment programs that
address the needs of low-achieving secondary school students and
those at risk of not meeting the challenging State academic
standards.
``(2) Flexibility of funds.--A secondary school using funds
received under this part for a dual or concurrent enrollment
program described in paragraph (1) may use such funds for any of
the costs associated with such program, including the costs of--
``(A) training for teachers, and joint professional
development for teachers in collaboration with career
and technical educators and educators from institutions
of higher education, where appropriate, for the purpose
of integrating rigorous academics in such program;
``(B) tuition and fees, books, required
instructional materials for such program, and innovative
delivery methods; and
``(C) transportation to and from such program.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to impose on any State any requirement or
rule regarding dual or concurrent enrollment programs that is
inconsistent with State law.''.
NCLB Text
``SEC. 1114. <<NOTE: 20 USC 6314.>> SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--
``(1) In general.--A local educational agency may
consolidate and use funds under this part, together with other
Federal, State, and local funds, in order to upgrade the entire
educational program of a school that serves an eligible school
attendance area in which not less than 40 percent of the
children are from low-income families, or not less than 40
percent of the children enrolled in the school are from such
families.
``(2) Identification of students not required.--
``(A) In general.--No school participating in a
schoolwide program shall be required--
``(i) to identify particular children under
this part as eligible to participate in a
schoolwide program; or
[[Page 115 STAT. 1472]]
``(ii) to provide services to such children
that are supplementary, as otherwise required by
section 1120A(b).
``(B) Supplemental funds.--A school participating in
a schoolwide program shall use funds available to carry
out this section only to supplement the amount of funds
that would, in the absence of funds under this part, be
made available from non-Federal sources for the school,
including funds needed to provide services that are
required by law for children with disabilities and
children with limited English proficiency.
``(3) Exemption from statutory and regulatory
requirements.--
``(A) Exemption.--Except as provided in subsection
(b), the Secretary may, through publication of a notice
in the Federal Register, exempt schoolwide programs
under this section from statutory or regulatory
provisions of any other noncompetitive formula grant
program administered by the Secretary (other than
formula or discretionary grant programs under the
Individuals with Disabilities Education Act, except as
provided in section 613(a)(2)(D) of such Act), or any
discretionary grant program administered by the
Secretary, to support schoolwide programs if the intent
and purposes of such other programs are met.
``(B) Requirements.--A school that chooses to use
funds from such other programs shall not be relieved of
the requirements relating to health, safety, civil
rights, student and parental participation and
involvement, services to private school children,
maintenance of effort, comparability of services, uses
of Federal funds to supplement, not supplant non-Federal
funds, or the distribution of funds to State educational
agencies or local educational agencies that apply to the
receipt of funds from such programs.
``(C) Records.--A school that consolidates and uses
funds from different Federal programs under this section
shall not be required to maintain separate fiscal
accounting records, by program, that identify the
specific activities supported by those particular funds
as long as the school maintains records that demonstrate
that the schoolwide program, considered as a whole,
addresses the intent and purposes of each of the Federal
programs that were consolidated to support the
schoolwide program.
``(4) Professional development.--Each school receiving funds
under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (b)(1)(D) in accordance with section 1119 for such
fiscal year, except that a school may enter into a consortium
with another school to carry out such activities.
``(b) Components of a Schoolwide Program.--
``(1) In general.--A schoolwide program shall include the
following components:
``(A) A comprehensive needs assessment of the entire
school (including taking into account the needs of
migratory children as defined in section 1309(2)) that
is based on information which includes the achievement
of children in relation to the State academic content
standards and
[[Page 115 STAT. 1473]]
the State student academic achievement standards
described in section 1111(b)(1).
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children
to meet the State's proficient and advanced levels
of student academic achievement described in
section 1111(b)(1)(D);
``(ii) use effective methods and instructional
strategies that are based on scientifically based
research that--
``(I) strengthen the core academic
program in the school;
``(II) increase the amount and
quality of learning time, such as
providing an extended school year and
before- and after-school and summer
programs and opportunities, and help
provide an enriched and accelerated
curriculum; and
``(III) include strategies for
meeting the educational needs of
historically underserved populations;
``(iii)(I) include strategies to address the
needs of all children in the school, but
particularly the needs of low-achieving children
and those at risk of not meeting the State student
academic achievement standards who are members of
the target population of any program that is
included in the schoolwide program, which may
include--
``(aa) counseling, pupil services,
and mentoring services;
``(bb) college and career awareness
and preparation, such as college and
career guidance, personal finance
education, and innovative teaching
methods, which may include applied
learning and team-teaching strategies;
and
``(cc) the integration of vocational
and technical education programs; and
``(II) address how the school will determine
if such needs have been met; and
``(iv) are consistent with, and are designed
to implement, the State and local improvement
plans, if any.
``(C) Instruction by highly qualified teachers.
``(D) In accordance with section 1119 and subsection
(a)(4), high-quality and ongoing professional
development for teachers, principals, and
paraprofessionals and, if appropriate, pupil services
personnel, parents, and other staff to enable all
children in the school to meet the State's student
academic achievement standards.
``(E) Strategies to attract high-quality highly
qualified teachers to high-need schools.
``(F) Strategies to increase parental involvement in
accordance with section 1118, such as family literary
services.
``(G) Plans for assisting preschool children in the
transition from early childhood programs, such as Head
Start, Even Start, Early Reading First, or a State-run
preschool program, to local elementary school programs.
[[Page 115 STAT. 1474]]
``(H) Measures to include teachers in the decisions
regarding the use of academic assessments described in
section 1111(b)(3) in order to provide information on,
and to improve, the achievement of individual students
and the overall instructional program.
``(I) Activities to ensure that students who
experience difficulty mastering the proficient or
advanced levels of academic achievement standards
required by section 1111(b)(1) shall be provided with
effective, timely additional assistance which shall
include measures to ensure that students' difficulties
are identified on a timely basis and to provide
sufficient information on which to base effective
assistance.
``(J) Coordination and integration of Federal,
State, and local services and programs, including
programs supported under this Act, violence prevention
programs, nutrition programs, housing programs, Head
Start, adult education, vocational and technical
education, and job training.
``(2) Plan.--
``(A) In general.--Any eligible school that desires
to operate a schoolwide program shall first develop (or
amend a plan for such a program that was in existence on
the day before the date of enactment of the No Child
Left Behind Act of 2001), in consultation with the local
educational agency and its school support team or other
technical assistance provider under section 1117, a
comprehensive plan for reforming the total instructional
program in the school that--
``(i) describes how the school will implement
the components described in paragraph (1);
``(ii) describes how the school will use
resources under this part and from other sources
to implement those components;
``(iii) <<NOTE: Records.>> includes a list of
State educational agency and local educational
agency programs and other Federal programs under
subsection (a)(3) that will be consolidated in the
schoolwide program; and
``(iv) describes how the school will provide
individual student academic assessment results in
a language the parents can understand, including
an interpretation of those results, to the parents
of a child who participates in the academic
assessments required by section 1111(b)(3).
``(B) Plan development.--The comprehensive plan
shall be--
``(i) developed during a one-year period,
unless--
``(I) the local educational agency,
after considering the recommendation of
the technical assistance providers under
section 1117, determines that less time
is needed to develop and implement the
schoolwide program; or
``(II) the school is operating a
schoolwide program on the day preceding
the date of enactment of the No Child
Left Behind Act of 2001, in which case
such school may continue to operate such
program, but shall develop amendments to
its existing plan during the first year
of assistance
[[Page 115 STAT. 1475]]
after that date to reflect the
provisions of this section;
``(ii) developed with the involvement of
parents and other members of the community to be
served and individuals who will carry out such
plan, including teachers, principals, and
administrators (including administrators of
programs described in other parts of this title),
and, if appropriate, pupil services personnel,
technical assistance providers, school staff, and,
if the plan relates to a secondary school,
students from such school;
``(iii) in effect for the duration of the
school's participation under this part and
reviewed and revised, as necessary, by the school;
``(iv) available to the local educational
agency, parents, and the public, and the
information contained in such plan shall be in an
understandable and uniform format and, to the
extent practicable, provided in a language that
the parents can understand; and
``(v) if appropriate, developed in
coordination with programs under Reading First,
Early Reading First, Even Start, Carl D. Perkins
Vocational and Technical Education Act of 1998,
and the Head Start Act.
``(c) Prekindergarten Program.--A school that is eligible for a
schoolwide program under this section may use funds made available under
this part to establish or enhance prekindergarten programs for children
below the age of 6, such as Even Start programs or Early Reading First
programs.
