The Elementary and Secondary Education Act
August 18, 2020April 20, 2022
(ESEA), as Amended by the Every Student
Rebecca R. Skinner
Succeeds Act (ESSA): A Primer
Specialist in Education
Specialist in Education
Policy Policy
The primary source of federal aid for elementary and secondary education is the
The primary source of federal aid for elementary and secondary education is the
Elementary and Secondary Education Act (ESEA)—particularly its Title I-A program,
Elementary and Secondary Education Act (ESEA)—particularly its Title I-A program,
which authorizes federal aid for the education of disadvantaged students. The ESEA waswhich authorizes federal aid for the education of disadvantaged students. The ESEA was
initial y
initially enacted in 1965 (P.L. 89-10), and was most recently comprehensively amended and reauthorized by the enacted in 1965 (P.L. 89-10), and was most recently comprehensively amended and reauthorized by the
Every Student Succeeds Act (ESSA; P.L. 114-95).Every Student Succeeds Act (ESSA; P.L. 114-95).
Under Title I-A, the ESEA as amended by the ESSA continues to require states and public schools systems to
Under Title I-A, the ESEA as amended by the ESSA continues to require states and public schools systems to
focus on educational accountability as a condition for the receipt of grant funds. Public school systems and focus on educational accountability as a condition for the receipt of grant funds. Public school systems and
individualindividual
public schools are held accountable for monitoring and improving achievement outcomes for students public schools are held accountable for monitoring and improving achievement outcomes for students
and closing achievement gaps, sustaining a focus that was initiated by amendments to the ESEA made by the No and closing achievement gaps, sustaining a focus that was initiated by amendments to the ESEA made by the No
Child Left Behind Act of 2001 (NCLB; P.L. 107-110) but modified under the ESSA. While states were given Child Left Behind Act of 2001 (NCLB; P.L. 107-110) but modified under the ESSA. While states were given
more latitude to develop their accountability systems under the ESSA provisions, as a condition of receiving Title more latitude to develop their accountability systems under the ESSA provisions, as a condition of receiving Title
I-A funds each state must continue to have content and academic achievement standards and aligned assessments I-A funds each state must continue to have content and academic achievement standards and aligned assessments
in reading/language arts (RLA), mathematics, and science for specific grade levels. States must now have an in reading/language arts (RLA), mathematics, and science for specific grade levels. States must now have an
accountability system that incorporates (1) long-term and interim performance goals for specified measures; (2) accountability system that incorporates (1) long-term and interim performance goals for specified measures; (2)
weighted indicators based, in part, on these goals; and (3) an annual system for meaningful differentiation that is weighted indicators based, in part, on these goals; and (3) an annual system for meaningful differentiation that is
used to identify schools that need additional support to improve student achievement. used to identify schools that need additional support to improve student achievement.
Beyond Title I-A, other ESEA programs provide grants and contracts for a variety of educational purposes. ESEA
Beyond Title I-A, other ESEA programs provide grants and contracts for a variety of educational purposes. ESEA
programs and general provisions are included in eight titles, which collectively received appropriations of $programs and general provisions are included in eight titles, which collectively received appropriations of $
25.9 bil ion in FY202027.7 billion in FY2022. The ESEA’s titles are as follows: . The ESEA’s titles are as follows:
Title I: Programs for disadvantaged students, student assessment, migratory students, and
Title I: Programs for disadvantaged students, student assessment, migratory students, and
neglected and delinquent students.
neglected and delinquent students.
Title II: Programs for teachers, principals, and school leaders; literacy; and American history and
Title II: Programs for teachers, principals, and school leaders; literacy; and American history and
civics education.
civics education.
Title III: Programs to support English language acquisition for English learners.
Title III: Programs to support English language acquisition for English learners.
Title IV: Programs to support a Title IV: Programs to support a
wel well-rounded education, safe and healthy students, and -rounded education, safe and healthy students, and
technology; after-school instruction and care; charter schools; magnet schools; family
technology; after-school instruction and care; charter schools; magnet schools; family
engagement in education; and various national activities. engagement in education; and various national activities.
Title V: Programs to support rural education.
Title V: Programs to support rural education.
Title VI: Programs for Indian education, Native Title VI: Programs for Indian education, Native
Hawai anHawaiian education, and Alaska Native education, and Alaska Native
education.
education.
Title VII: Impact Aid programs.
Title VII: Impact Aid programs.
Title VIII: General provisions. Title VIII: General provisions.
This report provides an overview of major provisions of the ESEA. It also includes a table showing annual
This report provides an overview of major provisions of the ESEA. It also includes a table showing annual
appropriations for ESEA programs for FY2017 through appropriations for ESEA programs for FY2017 through
FY2020, as wel FY2022, as well as a table showing the transition in as a table showing the transition in
authorized programs and related appropriations from FY2016, when NCLB provisions were authorized programs and related appropriations from FY2016, when NCLB provisions were
stil still in effect, to in effect, to
FY2017, when ESSA provisions took effect. FY2017, when ESSA provisions took effect.
Final yFinally, a table detailing authorizations of appropriations under , a table detailing authorizations of appropriations under
current law is also included. The ESSA authorized appropriations for ESEA programs through FY2020. current law is also included. The ESSA authorized appropriations for ESEA programs through FY2020.
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2324 The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Contents
Introduction ..................................................................................................................................... 1
Title I: Improving the Academic Achievement of the Disadvantaged ............................................. 2
Administration (Section 1004) .................................................................................................. 2
Part A: Grants to Local Educational Agencies .......................................................................... 2
Calculation of Title I-A Grants ........................................................................................... 3
Types of Title I-A Programs ................................................................................................ 4 3
Standards, Assessments, and Accountability Requirements (Section 1111) ....................... 4
Teacher Requirements ......................................................................................................... 7 6
School Improvement (Section 1003) ......................................................................................... 7
Direct Student Services (Section 1003A) .................................................................................. 7
Part B: Grants for State Assessment and Enhanced Assessment Instruments ........................... 8
Assessment System Audit (Section 1202) .......................................................................... 8 8
Innovative Assessment and Accountability Demonstration Authority (Section
1204) ................................................................................................................................ 8
Part C: Education of Migratory Children .................................................................................. 9
Part D: Prevention and Intervention Programs for Children and Youth Who Are
Neglected, Delinquent, or At Risk ......................................................................................... 9
Part E: Flexibility for Equitable Per-Pupil Funding .................................................................. 9
Part F: General Provisions ...................................................................................................... 10
Title II: Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other
School Leaders ........................................................................................................................... 10
Part A: Supporting Effective Instruction ................................................................................. 10
Part B: National Activities ....................................................................................................... 11
Part C: General Provisions ...................................................................................................... 12
Title III: Language Instruction for English Learners and Immigrant Students ............................. 12
Part A: English Language Acquisition, Language Enhancement, and Academic
Achievement Act .................................................................................................................. 13 12
National Programs (Sections 3131 and 3202) ............................................................... 13.... 14
Part B: General Provisions ...................................................................................................... 14
Title IV: 21st Century Schools ....................................................................................................... 14
Part A: Student Support and Academic Enrichment (SSAE) Grants ...................................... 14
Part B: 21st Century Community Learning Centers ............................................................ 14
.... 15 Part C: Enhancing Opportunity Through Quality Charter Schools ......................................... 15
Part D: Magnet Schools Assistance Program .......................................................................... 15
Part E: Family Engagement in Education Programs ............................................................... 16 15
Part F: National Activities ......................................................................................... 15.............. 16
Title V: Flexibility and Accountability .......................................................................................... 17
Part A: Funding Transferability for State and Local Educational Agencies ............................ 17
Part B: Rural Education Initiative ............................................................................... 17............ 18
Part C: General Provisions ...................................................................................................... 18
Title VI: Indian, Native Hawai anHawaiian, and Alaska Native Education ................................................. 18
Part A: Indian Education ......................................................................................................... 19 18
Part B: Native Hawaiian Education ........................................................................................ 19
19
Part C: Alaska Native Education ............................................................................................. 19
Title VII: Impact Aid ..................................................................................................................... 20 19
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4446 The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Title VIII: General Provisions ....................................................................................................... 21
Part A: Definitions................ 20
Part A: Definitions ................................................................................................... 2021
Part B: Flexibility in the Use of Administrative and Other Funds .......................................... 21
Part C: Coordination of Programs, Consolidated State and Local Plans and
Applications ......................................................................................................................... 21
Part D: Waivers ....................................................................................................................... 21
Part E: Approval and Disapproval of State Plans and Local Applications .............................. 21
Part F: Uniform Provisions .............................................................................................. 21....... 22
Part G: Evaluations ................................................................................................................. 23
Appropriations and Authorizations of Appropriations for Programs Authorized by
the ESEA .................................................................................................................................... 23
Tables
Table 1. ESEA Appropriations, FY2017-FY2020FY2022 ......................................................................... 24
Table 2. ESEA Program Authorizations Based on the No Child Left Behind Act (NCLB)
and the Every Student Succeeds Act (ESSA): FY2016 and FY2017 ......................................... 28 26
Table 3. ESEA Program Authorizations ........................................................................................ 35 33
Appendixes
Appendix. Glossary of Acronyms ................................................................................................. 41 39
Contacts
Author Information ........................................................................................................................ 42 40
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Introduction
The primary source of federal aid to elementary and secondary education is the Elementary and The primary source of federal aid to elementary and secondary education is the Elementary and
Secondary Education Act (ESEA)—particularly its Title I-A program, which authorizes federal Secondary Education Act (ESEA)—particularly its Title I-A program, which authorizes federal
aid for the education of disadvantaged students. The ESEA was aid for the education of disadvantaged students. The ESEA was
initial yinitially enacted in 1965 (P.L. 89- enacted in 1965 (P.L. 89-
10) “to strengthen and improve educational quality and educational opportunities in the Nation’s 10) “to strengthen and improve educational quality and educational opportunities in the Nation’s
elementary and secondary schools.” It was most recently comprehensively amended and elementary and secondary schools.” It was most recently comprehensively amended and
reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95), which was enacted “to reauthorized by the Every Student Succeeds Act (ESSA; P.L. 114-95), which was enacted “to
ensure that every child achieves.” The ESSA authorized appropriations for ESEA programs ensure that every child achieves.” The ESSA authorized appropriations for ESEA programs
through FY2020.1 through FY2020.1
FY2020 appropriationFY2022 appropriations for ESEA programs are $ for ESEA programs are $
25.9 bil ion27.7 billion. .
Under Title I-A, the ESEA as amended by the ESSA continues to require states and public
Under Title I-A, the ESEA as amended by the ESSA continues to require states and public
schools systems to focus on educational accountability as a condition for the receipt of grant schools systems to focus on educational accountability as a condition for the receipt of grant
funds. Public school systems and individual public schools are held accountable for monitoring funds. Public school systems and individual public schools are held accountable for monitoring
and improving achievement outcomes for students and closing achievement gaps, sustaining a and improving achievement outcomes for students and closing achievement gaps, sustaining a
focus that was initiated by amendments to the ESEA made by the No Child Left Behind Act of focus that was initiated by amendments to the ESEA made by the No Child Left Behind Act of
2001 (NCLB; P.L. 107-110) but modified under the ESSA. While states were given more latitude 2001 (NCLB; P.L. 107-110) but modified under the ESSA. While states were given more latitude
to develop their educational accountability systems under the ESSA provisions, as a condition for to develop their educational accountability systems under the ESSA provisions, as a condition for
receiving Title I-A funds each state must continue to have content and academic achievement receiving Title I-A funds each state must continue to have content and academic achievement
standards and aligned assessments in reading/language arts (RLA), mathematics, and science for standards and aligned assessments in reading/language arts (RLA), mathematics, and science for
specific grade levels. States must now have an accountability system that incorporates (1) long-specific grade levels. States must now have an accountability system that incorporates (1) long-
term and interim performance goals for specified measures; (2) weighted indicators based, in part, term and interim performance goals for specified measures; (2) weighted indicators based, in part,
on these goals; and (3) an annual system for meaningful differentiation that is used to identify on these goals; and (3) an annual system for meaningful differentiation that is used to identify
schools that need additional support to improve student achievement. schools that need additional support to improve student achievement.
Beyond Title I-A, other authorized ESEA programs provide, for example, grants to support: the
Beyond Title I-A, other authorized ESEA programs provide, for example, grants to support: the
education of migratory students; recruitment and professional development of teachers; language education of migratory students; recruitment and professional development of teachers; language
instruction for English learners (ELs); instruction for English learners (ELs);
wel well-rounded education, safe and healthy students, and -rounded education, safe and healthy students, and
technology initiatives; after-school instruction and care programs; expansion of charter schools technology initiatives; after-school instruction and care programs; expansion of charter schools
and other forms of public school choice; education services for Native American, Native and other forms of public school choice; education services for Native American, Native
Hawai anHawaiian, and Alaska Native students; Impact Aid to compensate local educational agencies , and Alaska Native students; Impact Aid to compensate local educational agencies
(LEAs) for taxes forgone due to certain federal activities; and innovative educational approaches (LEAs) for taxes forgone due to certain federal activities; and innovative educational approaches
or instruction to meet particular student needs.or instruction to meet particular student needs.
In order to receive funds under Title I-A and several other formula grant programs authorized by
In order to receive funds under Title I-A and several other formula grant programs authorized by
the ESEA, each state educational agency (SEA) must submit a state plan to the U.S. Department the ESEA, each state educational agency (SEA) must submit a state plan to the U.S. Department
of Education (ED). These plans can be submitted for individual formula grant programs or, if of Education (ED). These plans can be submitted for individual formula grant programs or, if
permitted by the Secretary of Education (hereinafter referred to as the Secretary), the SEA may permitted by the Secretary of Education (hereinafter referred to as the Secretary), the SEA may
submit a consolidated state plan based on requirements established by the Secretary.2 Following submit a consolidated state plan based on requirements established by the Secretary.2 Following
the enactment of the ESSA, al SEAs submitted consolidated state plans.3 The Secretary has
approved these plans for al 50 states, the District of Columbia, and Puerto Rico.
1 T he General Education Provisions Act (GEPA) automatically extends the authorizations of appropriations for these programs for an additional fiscal year if Congress has not acted to extend or repeal the authorizations of appropriations by the regular session that ends prior to the start of FY2020 (20 U.S.C. 1126a).
2 ESEA, Section 8302 provides the Secretary with the authority to allow states to submit consolidated state plans. T he Secretary exercised this authority with respect to the subm ission of ESEA state plans following the enactment of the ESSA. 3 On the consolidated state plan, SEAs were required to provide information related to how they would implement T itle I-A, T itle I-C, T itle I-D, T itle II-A, T itle III-A, T itle IV-A, T itle IV-B, and T itle V-B-2. In addition, they had to provide information on the Education for Homeless Children and Youth program authorized under the McKinney -Vento
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1 Section 422 of the General Education Provisions Act (GEPA) provided for the automatic extension of the authorization of appropriations for ESEA programs administered by ED for one additional fiscal year, as Congress did not act in the regular session that ended prior to the beginning of the terminal fiscal year of such authorization (i.e., FY2020) to pass legislation that became law that either extended or repealed the authorization of appropriations for ESEA programs (20 U.S.C. §1126a). The amount authorized to be appropriated for the period of the automatic extension is required to be the same amount authorized to be appropriated for a program for the terminal fiscal year of the program. Thus, the authorization of appropriations for FY2021 for ESEA programs was identical to the authorization of appropriations for FY2020. For FY2022 and subsequent years, the authorization of appropriations for ESEA programs has expired; however, the programs may continue to receive appropriations through the appropriations process.
2 ESEA, Section 8302 provides the Secretary with the authority to allow states to submit consolidated state plans. The Secretary exercised this authority with respect to the submission of ESEA state plans following the enactment of the
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the enactment of the ESSA, all SEAs submitted consolidated state plans.3 The Secretary has approved these plans for all 50 states, the District of Columbia, and Puerto Rico.
This report provides a brief overview of major provisions of the ESEA.4 It is organized by title This report provides a brief overview of major provisions of the ESEA.4 It is organized by title
and part of the act. Annual appropriations for ESEA programs are provided through the and part of the act. Annual appropriations for ESEA programs are provided through the
Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-
HHS-ED) Appropriations Act, and are shown in this report based on the most recent data HHS-ED) Appropriations Act, and are shown in this report based on the most recent data
availableavailable
from the U.S. Department of Education, Budget Service for FY2017 through from the U.S. Department of Education, Budget Service for FY2017 through
FY2020FY2022. .
Table 2 provides ESEA appropriations for FY2016 and FY2017 to depict the transition from the provides ESEA appropriations for FY2016 and FY2017 to depict the transition from the
ESEA as amended by the NCLBESEA as amended by the NCLB
to the ESEA as amended by the ESSAto the ESEA as amended by the ESSA
.. Table 3 provides provides
authorizations of appropriations included in the ESEA as amended by the ESSA. authorizations of appropriations included in the ESEA as amended by the ESSA.
TheThe Appendix
provides a list of selected acronyms used in the report.provides a list of selected acronyms used in the report.
Title I: Improving the Academic Achievement of
the Disadvantaged
The introductory text for ESEA Title I includes the purpose of Title I and authorizations of The introductory text for ESEA Title I includes the purpose of Title I and authorizations of
appropriations for FY2017 through FY2020 for each part of the title. The purpose of Title I is “to appropriations for FY2017 through FY2020 for each part of the title. The purpose of Title I is “to
provide provide
al all children significant opportunity to receive a fair, equitable, and high-quality children significant opportunity to receive a fair, equitable, and high-quality
education, and to close educational achievement gaps.” The introductory text prior to Title I-A education, and to close educational achievement gaps.” The introductory text prior to Title I-A
also requires states to reserve funds provided under Title I-A for school improvement activities also requires states to reserve funds provided under Title I-A for school improvement activities
and and
al owsallows them to reserve Title I-A funds for direct students services. As such, while these them to reserve Title I-A funds for direct students services. As such, while these
reservations of funds appear before Title I-A in the ESEA, they are examined following the Title reservations of funds appear before Title I-A in the ESEA, they are examined following the Title
I-A discussion to provide greater context. The introductory text prior to Title I-A also provides I-A discussion to provide greater context. The introductory text prior to Title I-A also provides
authority for states to reserve funds for state administration for Title I-A, Title I-C, and Title I-D.authority for states to reserve funds for state administration for Title I-A, Title I-C, and Title I-D.
Administration (Section 1004)
Section 1004 permits states to reserve funds under Title I-A, Title I-C, and Title I-D for Section 1004 permits states to reserve funds under Title I-A, Title I-C, and Title I-D for
administration. Under this provision, a state may reserve 1% of the amount received under parts administration. Under this provision, a state may reserve 1% of the amount received under parts
A, C, and D, or $400,000 (whichever is greater) for state administration.5 A, C, and D, or $400,000 (whichever is greater) for state administration.5
Part A: Grants to Local Educational Agencies6
Title I-A authorizes federal aid to LEAs for the education of disadvantaged children. Title I-A Title I-A authorizes federal aid to LEAs for the education of disadvantaged children. Title I-A
grants provide supplementary educational and related services to lowgrants provide supplementary educational and related services to low
-achieving and other students attending elementary and secondary schools with relatively high concentrations of
students from low-income families, as wel as eligible students who live in the areas served by these public schools but attend private schools.7 Title I-A is also a vehicle to which a number of requirements affecting broad aspects of public elementary and secondary education for al
students have been attached as conditions for receiving these grants.
-achieving and other
ESSA.
3 On the consolidated state plan, SEAs were required to provide information related to how they would implement Title I-A, Title I-C, Title I-D, Title II-A, Title III-A, Title IV-A, Title IV-B, and Title V-B-2. In addition, they had to provide information on the Education for Homeless Children and Youth program authorized under the McKinney-Vento Homeless Assistance Act. For more information about the consolidated state plans, see https://oese.ed.gov/offices/Homeless Assistance Act. For more information about the consolidated state plans, see https://oese.ed.gov/offices/
office-of-discretionary-grants-supportoffice-of-discretionary-grants-support
-services/essa-consolidated-state-plans/. -services/essa-consolidated-state-plans/.
4 Other CRS
4 Other CRS
reports provide much more detailedreports provide much more detailed
discussions discussions and analyses of major ESEAand analyses of major ESEA
provisions. provisions.
5 If the appropriations for 5 If the appropriations for
T itleTitle I-A, I-A,
T itleTitle I-C, and I-C, and
T itleTitle I-D are equal I-D are equal
to or greater than $14 million, then the reservation to or greater than $14 million, then the reservation
for state administration shall not exceed 1% of the amount the state would receive if $14 million werefor state administration shall not exceed 1% of the amount the state would receive if $14 million were
allocated among allocated among
the states for the states for
T itleTitle I-A, I-A,
T itleTitle I-C, and I-C, and
T itleTitle I-D. I-D.
6
6
T heThe actual title of this part is Improving Basic Programs Operated by Local Educational Agencies, actual title of this part is Improving Basic Programs Operated by Local Educational Agencies,
but it is generally but it is generally
referred to as Grants to LEAs. referred to as Grants to LEAs.
7 Although T itle I-A funds are used to serve eligible private school students, funds remain under the control of public school authorities (i.e., they are not transferred to private schools).
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
students attending elementary and secondary schools with relatively high concentrations of students from low-income families, as well as eligible students who live in the areas served by these public schools but attend private schools.7 Title I-A is also a vehicle to which a number of requirements affecting broad aspects of public elementary and secondary education for all students have been attached as conditions for receiving these grants.
Calculation of Title I-A Grants
Title I-A grants are calculated by ED at the LEA level. The funds are then provided to SEAs,
Title I-A grants are calculated by ED at the LEA level. The funds are then provided to SEAs,
which are required to reserve funds for school improvement activities and may reserve funds for which are required to reserve funds for school improvement activities and may reserve funds for
administration and direct student services. SEAs also adjust grant amounts for LEAs for which administration and direct student services. SEAs also adjust grant amounts for LEAs for which
ED is unable to determine grant amounts, such as newly created LEAs or charter schools that are ED is unable to determine grant amounts, such as newly created LEAs or charter schools that are
their own LEAs. In calculating Title I-A grant amounts, ED determines grant amounts under four their own LEAs. In calculating Title I-A grant amounts, ED determines grant amounts under four
different formulas—Basic, Concentration, Targeted, and Education Finance Incentive Grants different formulas—Basic, Concentration, Targeted, and Education Finance Incentive Grants
(EFIG)—although funds (EFIG)—although funds
al ocatedallocated under under
al all of these formulas are combined and used for the of these formulas are combined and used for the
same purposes by recipient LEAs. While the same purposes by recipient LEAs. While the
al ocationallocation formulas have several distinctive formulas have several distinctive
elements, the primary factor used in elements, the primary factor used in
al all four is the estimated number of children aged 5-17 in four is the estimated number of children aged 5-17 in
families in poverty.8 Other factors included in one or more formulas include a state expenditure families in poverty.8 Other factors included in one or more formulas include a state expenditure
factor based on average per pupil expenditures for public elementary and secondary education, factor based on average per pupil expenditures for public elementary and secondary education,
weighting schemes designed to increase aid to LEAs with the highest concentrations of poverty, weighting schemes designed to increase aid to LEAs with the highest concentrations of poverty,
and a factor to increase grants to states with high levels of expenditure equity among their LEAs. and a factor to increase grants to states with high levels of expenditure equity among their LEAs.
Each formula also has an LEA hold harmless provision and a state minimum grant provision.9 Each formula also has an LEA hold harmless provision and a state minimum grant provision.9
While there are several rules related to school selection, LEAs must
While there are several rules related to school selection, LEAs must
general ygenerally rank their public rank their public
schools by their percentages of students from low-income families, and serve them in rank order. schools by their percentages of students from low-income families, and serve them in rank order.
This must be done without regard to grade span for any eligible school attendance area10 in which This must be done without regard to grade span for any eligible school attendance area10 in which
the concentration of children from low-income families exceeds 75%. An LEA also has the option the concentration of children from low-income families exceeds 75%. An LEA also has the option
of serving of serving
al all high schools in rank order in which the concentration of children from lowhigh schools in rank order in which the concentration of children from low
-income -income
families is 50% or greater. Below these benchmarks, an LEA can choose to serve schools in rank families is 50% or greater. Below these benchmarks, an LEA can choose to serve schools in rank
order at specific grade levels (e.g., only serve elementary schools in order of their percentages of order at specific grade levels (e.g., only serve elementary schools in order of their percentages of
children from low-income families) or continue to serve schools at children from low-income families) or continue to serve schools at
al all grade levels in rank order. grade levels in rank order.
Once schools are selected, Title I-A funds are Once schools are selected, Title I-A funds are
al ocatedallocated among them on the basis of their number among them on the basis of their number
of students from low-income families. LEAs are not required to of students from low-income families. LEAs are not required to
al ocateallocate the same amount of Title the same amount of Title
I-A funds per low-income child to each school. They may provide higher grants per lowI-A funds per low-income child to each school. They may provide higher grants per low
-income -income
child at schools with high rates of these children than are child at schools with high rates of these children than are
al ocatedallocated per low-income child to per low-income child to
schools with lower rates of these children. schools with lower rates of these children.
Types of Title I-A Programs
There are two basic types of Title I-A programs. Schoolwide programs11 are authorized if the percentage of low-income students served by a school is 40% or higher.12 In schoolwide programs, Title I-A funds may be used to improve the performance of al students in a school. For example, funds might be used to provide professional development services to al of a school’s teachers, upgrade instructional technology, or implement new curricula. The other basic type of
Title I-A school service model is the targeted assistance program (TAP).13 Under TAPs, Title I-A- 8 T hese
7 Although Title I-A funds are used to serve eligible private school students, funds remain under the control of public school authorities (i.e., they are not transferred to private schools).
8 These data are produced at the LEA level by the Small data are produced at the LEA level by the Small
Area Income and Poverty Estimates (SAIPE) program Area Income and Poverty Estimates (SAIPE) program
administered by the U.S. Censusadministered by the U.S. Census
Bureau.Bureau.
For more information on how the U.S. CensusFor more information on how the U.S. Census
Bureau measures Bureau measures poverty, see poverty, see
https://www.census.gov/topics/income-poverty/poverty/guidance/poverty-measures.html. https://www.census.gov/topics/income-poverty/poverty/guidance/poverty-measures.html.
9 For more information about the
9 For more information about the
T itleTitle I-A formulas, see CRS I-A formulas, see CRS
Report R44461, Report R44461,
Allocation of Funds Under Title I-A of
the Elem entaryElementary and Secondary Education Act. .
10 A “school attendance area” means the geographic area in which10 A “school attendance area” means the geographic area in which
the children who are normally served by that school the children who are normally served by that school
reside. An “reside. An “
eligible eligible school attendance area” means a school attendance area in which the percentage of children from school attendance area” means a school attendance area in which the percentage of children from
low-income families is at least as high as the percentage of low-income families served bylow-income families is at least as high as the percentage of low-income families served by
the LEA as a whole.
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Types of Title I-A Programs
There are two basic types of Title I-A programs. Schoolwide programs11 are authorized if the percentage of low-income students served by a school is 40% or higher.12 In schoolwide programs, Title I-A funds may be used to improve the performance of all students in a school. For example, funds might be used to provide professional development services to all of a school’s teachers, upgrade instructional technology, or implement new curricula. The other basic type of Title I-A school service model is the targeted assistance program (TAP).13 Under TAPs, Title I-A-funded services are generally limited the LEA as a whole.
11 Schoolwide programs are authorized in Section 1114. 12 A T itle I-A school in which less than 40% of the children are from low-income families may request a waiver from the SEA to operate a schoolwide program. 13 T argeted assistance programs are authorized in Section 1115.
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funded services are general y limited to the lowest-achieving students in the school. For example, to the lowest-achieving students in the school. For example,
students may receive additional instruction in an after-school program, or funds may be used to students may receive additional instruction in an after-school program, or funds may be used to
hire a teacher’s aide who provides additional assistance to low-achieving students in their regular hire a teacher’s aide who provides additional assistance to low-achieving students in their regular
classroom. In general, schools have substantial latitude in how they use Title I-A funds, provided classroom. In general, schools have substantial latitude in how they use Title I-A funds, provided
the funds are used to improve student academic achievement. the funds are used to improve student academic achievement.
Standards, Assessments, and Accountability Requirements (Section 1111)
As previously mentioned, each SEA must submit a state plan to ED to receive funds under Title I-
As previously mentioned, each SEA must submit a state plan to ED to receive funds under Title I-
A and several other state formula grant programs authorized under the ESEA. For Title I-A A and several other state formula grant programs authorized under the ESEA. For Title I-A
purposes, the plan requires the SEA to provide information or assurances related to its standards, purposes, the plan requires the SEA to provide information or assurances related to its standards,
assessments, and accountability system. Requirements related to each of these areas are discussed assessments, and accountability system. Requirements related to each of these areas are discussed
below. below.
Standards
In its state plan, each SEA receiving Title I-A funds is required to provide an assurance that it has In its state plan, each SEA receiving Title I-A funds is required to provide an assurance that it has
adopted adopted
chal engingchallenging academic content standards and aligned academic achievement standards academic content standards and aligned academic achievement standards
(hereinafter collectively referred to as academic standards) in RLA, mathematics, and science (hereinafter collectively referred to as academic standards) in RLA, mathematics, and science
(and any other subject selected by the state). The academic standards must include at least three (and any other subject selected by the state). The academic standards must include at least three
levels of achievement (e.g., basic, proficient, and advanced). In addition, states are required to levels of achievement (e.g., basic, proficient, and advanced). In addition, states are required to
demonstrate that these academic standards are aligned with entrance requirements for credit-demonstrate that these academic standards are aligned with entrance requirements for credit-
bearing coursework in the state’s system of public higher education and relevant state career and bearing coursework in the state’s system of public higher education and relevant state career and
technical education standards. technical education standards.
A state is permitted to adopt alternate academic achievement standards for students with the most
A state is permitted to adopt alternate academic achievement standards for students with the most
significant cognitive disabilitiessignificant cognitive disabilities
provided, among other requirements, that the standards are provided, among other requirements, that the standards are
alignedaligned
with the state’s with the state’s
chal engingchallenging academic content standards. The state is also required to academic content standards. The state is also required to
demonstrate that it has adopted English language proficiency standards that are derived from the demonstrate that it has adopted English language proficiency standards that are derived from the
domains of speaking, listening, reading, and writing; address the different proficiency levels of domains of speaking, listening, reading, and writing; address the different proficiency levels of
English learners; and align the English language proficiency standards with the English learners; and align the English language proficiency standards with the
chal engingchallenging state state
academic standards. academic standards.
The ESEA explicitly
The ESEA explicitly
maintains that a state is not required to submit any of the aforementioned maintains that a state is not required to submit any of the aforementioned
standards to the Secretary of Education (the Secretary) for review or approval. Also, the Secretary standards to the Secretary of Education (the Secretary) for review or approval. Also, the Secretary
does not have the authority “to mandate, direct, control, coerce, or exercise any direction or does not have the authority “to mandate, direct, control, coerce, or exercise any direction or
11 Schoolwide programs are authorized in Section 1114. 12 A Title I-A school in which less than 40% of the children are from low-income families may request a waiver from the SEA to operate a schoolwide program.
13 Targeted assistance programs are authorized in Section 1115.
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supervision over any of the challengingsupervision over any of the chal enging State academic standards adopted or implemented by a State academic standards adopted or implemented by a
State.”14State.”14
Assessments
Each state plan must demonstrate that the SEA, in consultation with LEAs, has implemented Each state plan must demonstrate that the SEA, in consultation with LEAs, has implemented
assessments in RLA, mathematics, and science. The mathematics and RLA assessments must be assessments in RLA, mathematics, and science. The mathematics and RLA assessments must be
administered in each of grades 3-8 and once during high school. The science assessment must be administered in each of grades 3-8 and once during high school. The science assessment must be
administered once in grades 3-5, grades 6-9, and grades 10-12. Thus, each state must administer administered once in grades 3-5, grades 6-9, and grades 10-12. Thus, each state must administer
17 assessments each school year, but no individual student 17 assessments each school year, but no individual student
wil will take more than 3 of these take more than 3 of these
assessments in a given school year. The assessments must be aligned with the state academic assessments in a given school year. The assessments must be aligned with the state academic
standards.
14 Section 1111(b)(1)(G)(ii).
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standards.
A state may implement alternate assessments aligned with state academic standards and alternate
A state may implement alternate assessments aligned with state academic standards and alternate
academic achievement standards for students with the most significant cognitive disabilities. academic achievement standards for students with the most significant cognitive disabilities.
However, for each subject tested no more than 1% of However, for each subject tested no more than 1% of
al all students tested may take the alternate students tested may take the alternate
assessment. Each state plan must also demonstrate that the LEAs in the state assessment. Each state plan must also demonstrate that the LEAs in the state
wil will administer an administer an
annual assessment of English proficiency for annual assessment of English proficiency for
al all English learners that is aligned with the state’s English learners that is aligned with the state’s
English language proficiency standards. English language proficiency standards.
In addition to state assessments, each state receiving Title I-A funds must also agree to participate
In addition to state assessments, each state receiving Title I-A funds must also agree to participate
in the National Assessment of Educational Progress (NAEP) assessments of 4th and 8th grade in the National Assessment of Educational Progress (NAEP) assessments of 4th and 8th grade
students in reading and math every two years.15students in reading and math every two years.15
Accountability System
In its state plan, each SEA is required to describe its academic accountability system. The system In its state plan, each SEA is required to describe its academic accountability system. The system
must include state established long-term goals (and measures of interim progress) for must include state established long-term goals (and measures of interim progress) for
al all students students
and separately for each focal subgroup of students16 for academic achievement as measured by and separately for each focal subgroup of students16 for academic achievement as measured by
proficiency on the state RLA and mathematics assessments17 and high school graduation rates. In proficiency on the state RLA and mathematics assessments17 and high school graduation rates. In
addition, the goals for subgroups of students who are behind on any of these measures must take addition, the goals for subgroups of students who are behind on any of these measures must take
into account the improvement needed to close statewide achievement gaps. Also, the system must into account the improvement needed to close statewide achievement gaps. Also, the system must
include long-term goals (and measures of interim progress) for increases in the percentage of include long-term goals (and measures of interim progress) for increases in the percentage of
English learners making progress in achieving English proficiency, as defined by the state. English learners making progress in achieving English proficiency, as defined by the state.
The state must then use a set of indicators that are based, in part, on the long-term goals it
The state must then use a set of indicators that are based, in part, on the long-term goals it
established to measure established to measure
annual yannually the performance of the performance of
al all students and each subgroup of students to students and each subgroup of students to
evaluate public schools. These indicators must include the following:evaluate public schools. These indicators must include the following:
1. public school student performance on the RLA and mathematics assessments as
1. public school student performance on the RLA and mathematics assessments as
measured by student proficiency, and for high schools this may also include a
measured by student proficiency, and for high schools this may also include a
measure of student growth on such assessments; measure of student growth on such assessments;
2. for public elementary and secondary schools that are not high schools, a measure
of student growth or another indicator that al ows for “meaningful differentiation” in school performance;
3. for public high schools, graduation rates;
4. for al public schools in the state, progress in achieving English language
proficiency18; and
5. for al public schools in the state, at least one indicator of school quality or
student success (e.g., a measure of student engagement, postsecondary readiness, or school climate).
Based on these indicators, the SEA must establish a system for annual y “meaningfully differentiating” al public schools that gives substantial weight to each indicator but in the aggregate provides greater weight to the first four than to the school quality and student success 15 T here are also 12th grade
14 Section 1111(b)(1)(G)(ii). 15 There are also 12th grade NAEP assessments for readingNAEP assessments for reading
and mathematics. However, a state does not have to and mathematics. However, a state does not have to
participate in these assessment as a condition of receiving participate in these assessment as a condition of receiving
T itle I Title I-A funds. -A funds.
16 For accountability purposes, the ESEA16 For accountability purposes, the ESEA
requires requires separate accountability determinations to be made for four separate accountability determinations to be made for four
subgroups—economicallysubgroups—economically
disadvantaged disadvantaged students, students from major racial/ethnic groups, children with disabilities, students, students from major racial/ethnic groups, children with disabilities,
and English learners—provided the number of students in each subgroupand English learners—provided the number of students in each subgroup
meets the state’s minimum group size for meets the state’s minimum group size for
inclusion in accountability determinations (Section 1111(c)(2) and Section inclusion in accountability determinations (Section 1111(c)(2) and Section
1111111(c)(4)(A)). (c)(4)(A)).
17 Student proficiency on science assessments is
17 Student proficiency on science assessments is
not included in a state’s accountabilitynot included in a state’s accountability
system for system for
T itle I-A purposes. 18 Only the English learners subgroup needs to be measured annually on this indicator (Section 1111(c)(4)(B)(iv). Title I-A purposes.
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2. for public elementary and secondary schools that are not high schools, a measure
of student growth or another indicator that allows for “meaningful differentiation” in school performance;
3. for public high schools, graduation rates;
4. for all public schools in the state, progress in achieving English language
proficiency;18 and
5. for all public schools in the state, at least one indicator of school quality or
student success (e.g., a measure of student engagement, postsecondary readiness, or school climate).
Based on these indicators, the SEA must establish a system for annually “meaningfully differentiating” all public schools that gives substantial weight to each indicator but in the aggregate provides greater weight to the first four than to the school quality and student success indicators.19 The system must also identify any school in which any subgroup of students is indicators.19 The system must also identify any school in which any subgroup of students is
“consistently underperforming,” as determined by the state.20“consistently underperforming,” as determined by the state.20
Based on the state’s system for annual meaningful differentiation, each SEA must establish a
Based on the state’s system for annual meaningful differentiation, each SEA must establish a
state-determined methodology to identify for comprehensive support and improvement (CSI): (1) state-determined methodology to identify for comprehensive support and improvement (CSI): (1)
at least the lowest-performing 5% of at least the lowest-performing 5% of
al all schools receiving Title I-A funds, (2) schools receiving Title I-A funds, (2)
al all public high public high
schools failing to graduate 67% or more of their students, (3) schools required to implement schools failing to graduate 67% or more of their students, (3) schools required to implement
additional targeted support (see below) that have not improved in a state-determined number of additional targeted support (see below) that have not improved in a state-determined number of
years, and (4) additional statewide categories of schools, at the state’s discretion. The LEAs in years, and (4) additional statewide categories of schools, at the state’s discretion. The LEAs in
which schools are identified for CSI are required to work with stakeholders to develop a school which schools are identified for CSI are required to work with stakeholders to develop a school
improvement plan that, among other requirements, must include evidence-based interventions,21 improvement plan that, among other requirements, must include evidence-based interventions,21
be based on a school-level needs assessment, and identify resource inequities. An LEA may also be based on a school-level needs assessment, and identify resource inequities. An LEA may also
offer students enrolled in a school identified for CSI the option to transfer to another public offer students enrolled in a school identified for CSI the option to transfer to another public
school in the LEA. If a school does not improve within a state-determined number of years (no school in the LEA. If a school does not improve within a state-determined number of years (no
more than four years), the school must be subject to more rigorous state-determined actions. more than four years), the school must be subject to more rigorous state-determined actions.
States are required to identify for targeted support and improvement (TSI) any school in which
States are required to identify for targeted support and improvement (TSI) any school in which
one or more subgroups of students are consistently underperforming as determined by the state. one or more subgroups of students are consistently underperforming as determined by the state.
Each of these schools is required to develop and implement a plan to improve student outcomes Each of these schools is required to develop and implement a plan to improve student outcomes
that includes evidence-based interventions. If a school fails to improve within a number of years that includes evidence-based interventions. If a school fails to improve within a number of years
determined by the LEA, additionaldetermined by the LEA, additional
actions must be taken. For a school in which one or more actions must be taken. For a school in which one or more
subgroups are performing at a level that if reflective of an entire school’s performance would subgroups are performing at a level that if reflective of an entire school’s performance would
result in its identification for CSI, the school must be identified for additional targeted support result in its identification for CSI, the school must be identified for additional targeted support
and improvement (ATSI) activities, which must include an identification of resource inequities. If and improvement (ATSI) activities, which must include an identification of resource inequities. If
a school identified as meeting the criteria for ATSI does not improve within a state-determined a school identified as meeting the criteria for ATSI does not improve within a state-determined
number of years, the state is required to identify the school for CSI.
In its state plan, the SEA must also provide an explanation of how the state wil factor into its accountability system the requirement that 95% of al students and each subgroup of students
participate in the required assessments.
Teacher Requirements
Any teacher or paraprofessional working in a program supported with Title I-A funds must meet
applicable state certification and licensure requirements. In addition, states participating in Title I-A must describe in their state plans how low-income and minority children enrolled in Title I-A schools are not served at disproportionate rates by “ineffective, out-of-field, or inexperienced teachers.” The state must also describe the measures that wil be used to assess and evaluate the
state’s success in this area.
number of years, the state is required to identify the school for CSI.
18 Only the English learners subgroup needs to be measured annually on this indicator (Section 1111(c)(4)(B)(iv). 19 Section 1111(c)(4)(C)(i) and (ii). 19 Section 1111(c)(4)(C)(i) and (ii).
20 Section 1111(c)(4)(C)(iii). 20 Section 1111(c)(4)(C)(iii).
21 Section 8101(21) includes a definition for “evidence-based.” With respect to an activity, strategy, or intervention, the 21 Section 8101(21) includes a definition for “evidence-based.” With respect to an activity, strategy, or intervention, the
definition establishes three tiers of evidence that demonstrate a statistically significant effect on improving student definition establishes three tiers of evidence that demonstrate a statistically significant effect on improving student
outcomes or other relevant outcomes: (1) strong, (2) moderate, and (3) promising. outcomes or other relevant outcomes: (1) strong, (2) moderate, and (3) promising.
T heThe definition also includes definition also includes
an an
activity, strategy, or intervention that demonstrates a rationale based on highactivity, strategy, or intervention that demonstrates a rationale based on high
-quality research findings-quality research findings
or positive or positive
evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes. evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes.
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In its state plan, the SEA must also provide an explanation of how the state will factor into its accountability system the requirement that 95% of all students and each subgroup of students participate in the required assessments.
Teacher Requirements
Any teacher or paraprofessional working in a program supported with Title I-A funds must meet applicable state certification and licensure requirements. In addition, states participating in Title I-A must describe in their state plans how low-income and minority children enrolled in Title I-A schools are not served at disproportionate rates by “ineffective, out-of-field, or inexperienced teachers.” The state must also describe the measures that will be used to assess and evaluate the state’s success in this area.
School Improvement (Section 1003)
To serve schools that are identified for comprehensive support and improvement or targeted To serve schools that are identified for comprehensive support and improvement or targeted
support and improvement under Title I-A,22 SEAs are required to reserve the greater of (1) 7% of support and improvement under Title I-A,22 SEAs are required to reserve the greater of (1) 7% of
the total amount the state receives under Title I-A or (2) the sum of the amount that the state the total amount the state receives under Title I-A or (2) the sum of the amount that the state
reserved for school improvement in FY2016 and received under the School Improvement Grant reserved for school improvement in FY2016 and received under the School Improvement Grant
(SIG) program for FY2016.23 Beginning in FY2018, an SEA is only permitted to reserve the full (SIG) program for FY2016.23 Beginning in FY2018, an SEA is only permitted to reserve the full
amount of funds for school improvement if no LEA receives a amount of funds for school improvement if no LEA receives a
smal ersmaller Title I-A grant than it did Title I-A grant than it did
during the prior fiscal year due to the implementation of this provision.24 Of the funds reserved during the prior fiscal year due to the implementation of this provision.24 Of the funds reserved
for school improvement, states are required under ESSA provisions to provide at least 95% to for school improvement, states are required under ESSA provisions to provide at least 95% to
LEAs through formula or competitive grants to serve schools that are implementing LEAs through formula or competitive grants to serve schools that are implementing
comprehensive support and improvement activities or targeted support and improvement comprehensive support and improvement activities or targeted support and improvement
activities.25 activities.25
Direct Student Services (Section 1003A)
In addition to the required reservation of Title I-A funds for school improvement, SEAs have the In addition to the required reservation of Title I-A funds for school improvement, SEAs have the
option of reserving up to 3% of the Title I-A funds they receive for direct student services. This option of reserving up to 3% of the Title I-A funds they receive for direct student services. This
optional reservation of funds was not included in the law prior to the ESSA. Of the funds optional reservation of funds was not included in the law prior to the ESSA. Of the funds
reserved, states must distribute 99% to reserved, states must distribute 99% to
geographical ygeographically diverse LEAs using a competitive grant diverse LEAs using a competitive grant
process that prioritizes grants to LEAs that serve the highest percentages of schools identified for process that prioritizes grants to LEAs that serve the highest percentages of schools identified for
comprehensive support and improvement or that are implementing targeted support and comprehensive support and improvement or that are implementing targeted support and
improvement plans.26 Funds for direct student services may be reserved without regard to how the improvement plans.26 Funds for direct student services may be reserved without regard to how the
reservation of funds may affect LEA grant amounts. Funds may be used by LEAs for a variety of purposes, including to pay the costs associated with the enrollment and participation of students in academic courses not otherwise available at the students’ school; credit recovery and academic acceleration courses that lead to a regular high school diploma; activities that lead to the
successful completion of postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (IHEs), including reimbursing low -income students for the costs of these examinations;27 and public school choice if an LEA does not reserve funds for
this purpose under Section 1111.
22 See the subsequent discussion of T itle
22 See the subsequent discussion of Title I-A for more information about comprehensive support and improvement and I-A for more information about comprehensive support and improvement and
targeted support and improvement. targeted support and improvement.
23 The SIG 23 T he SIG program wasprogram was
not reauthorized by the ESSA. not reauthorized by the ESSA.
24 For FY2017, SEAs24 For FY2017, SEAs
were were able to reserve the full amount for school improvement regardless of whether it able to reserve the full amount for school improvement regardless of whether it
result ed resulted in in
reducedreduced
LEA grant amounts. LEA grant amounts.
T hisThis could have resulted could have resulted
in lowerin lower
FY2017 T itle FY2017 Title I-A grant amounts to LEAs, making it I-A grant amounts to LEAs, making it
easier for states to reserve the full amount for school improvement in subsequent years without violating the easier for states to reserve the full amount for school improvement in subsequent years without violating the
requirement that no LEA receive lessrequirement that no LEA receive less
than it did in a prior year as a result of the reservation of funds for school than it did in a prior year as a result of the reservation of funds for school
improvement. As of September 2019, CRSimprovement. As of September 2019, CRS
is is not aware of any publicly availablenot aware of any publicly available
data that detail whether states’ data that detail whether states’
FY2017 reservation of funds for school improvement resulted in lower grants to LEAs.FY2017 reservation of funds for school improvement resulted in lower grants to LEAs.
25 For more information about comprehensive and targeted support and improvement activities, see the subsequent 25 For more information about comprehensive and targeted support and improvement activities, see the subsequent
discussiondiscussion
about about
T itleTitle I-A or CRS I-A or CRS
In FocusIn Focus
IF10556, IF10556,
Elem entaryElementary and Secondary Education Act: Overview of Title I -A
Academ ic-A Academic Accountability Provisions. .
26 Ibid.
26 Ibid.
27 T hese could include, for example, Advance Placement (AP) or International Baccalaureate (IB) examinations.
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reservation of funds may affect LEA grant amounts. Funds may be used by LEAs for a variety of purposes, including to pay the costs associated with the enrollment and participation of students in academic courses not otherwise available at the students’ school; credit recovery and academic acceleration courses that lead to a regular high school diploma; activities that lead to the successful completion of postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (IHEs), including reimbursing low-income students for the costs of these examinations;27 and public school choice if an LEA does not reserve funds for this purpose under Section 1111.
Part B: Grants for State Assessment and Enhanced Assessment
Instruments
Title I-B authorizes the State Assessment Grant program to support the development of the state Title I-B authorizes the State Assessment Grant program to support the development of the state
standards and assessments required under Title I-A; the administration of those assessments; and standards and assessments required under Title I-A; the administration of those assessments; and
related activities, such as improving assessments for English learners. Two funding mechanisms related activities, such as improving assessments for English learners. Two funding mechanisms
are authorized: (1) formula grants to states for the development and administration of the state are authorized: (1) formula grants to states for the development and administration of the state
standards and assessments required under Title I-A, and (2) competitive grants to states to carry standards and assessments required under Title I-A, and (2) competitive grants to states to carry
out related activities beyond the minimum assessment requirements. The out related activities beyond the minimum assessment requirements. The
al ocationallocation of funds of funds
depends on a statutorily established “trigger amount” of $369.1 depends on a statutorily established “trigger amount” of $369.1
mil ionmillion.28 For annual .28 For annual
appropriations at or below the trigger amount, the entire appropriation is used to award formula appropriations at or below the trigger amount, the entire appropriation is used to award formula
grants to states. Under the formula grant program, the Secretary then provides each state with a grants to states. Under the formula grant program, the Secretary then provides each state with a
minimum grant of $3 minimum grant of $3
mil ionmillion. Any remaining funds are subsequently . Any remaining funds are subsequently
al ocatedallocated to states in to states in
proportion to their number of students ages 5 to 17. For an annual appropriation above the trigger proportion to their number of students ages 5 to 17. For an annual appropriation above the trigger
amount, the difference between the appropriation and trigger amount is used to award competitive amount, the difference between the appropriation and trigger amount is used to award competitive
grants to states. grants to states.
Assessment System Audit (Section 1202)
The ESEA as amended by the ESSA permits the Secretary to reserve up to 20% of the funds
The ESEA as amended by the ESSA permits the Secretary to reserve up to 20% of the funds
appropriated for the State Assessment Grant program to make grants to states to conduct appropriated for the State Assessment Grant program to make grants to states to conduct
assessment system audits.29 From the funds reserved for this purpose, the Secretary is required to assessment system audits.29 From the funds reserved for this purpose, the Secretary is required to
make an annual grant to the state of not less than $1.5 make an annual grant to the state of not less than $1.5
mil ionmillion to conduct a statewide assessment to conduct a statewide assessment
system audit and provide subgrants to LEAs to conduct assessment audits at the LEA level.30 system audit and provide subgrants to LEAs to conduct assessment audits at the LEA level.30
Innovative Assessment and Accountability Demonstration Authority (Section
1204)
The ESEA as amended by the ESSA includes a new demonstration authority for the development
The ESEA as amended by the ESSA includes a new demonstration authority for the development
and use of an “innovative assessment system.” A state, or a consortium of states, may apply for and use of an “innovative assessment system.” A state, or a consortium of states, may apply for
the demonstration authority to develop an innovative assessment system that “may include the demonstration authority to develop an innovative assessment system that “may include
competency-based assessments, competency-based assessments,
instructional yinstructionally embedded assessments, interim assessments, embedded assessments, interim assessments,
cumulative year-end assessments, or performance based assessments that combine into an annual cumulative year-end assessments, or performance based assessments that combine into an annual
summative determination for each student” and “assessments that validate when students are
ready to demonstrate mastery or proficiency and al ow for differentiated student support based on individual learning needs.”31 During the first three years in which the Secretary grants demonstration authority, not more than seven SEAs may have their applications for the authority approved.32 Separate funding is not provided under the demonstration authority; however, states may use a portion of the formula and competitive grant funding provided through the State
Assessment Grant program discussed above to carry out this demonstration authority.
27 These could include, for example, Advance Placement (AP) or International Baccalaureate (IB) examinations. 28 Section 1111(b)(2)(I) and Section 1203(a) and (b). 28 Section 1111(b)(2)(I) and Section 1203(a) and (b).
29 29
T hisThis reservation of funds is reservation of funds is
determined after the Secretary reserves 0.5% of the total appropriation for the Bureau of determined after the Secretary reserves 0.5% of the total appropriation for the Bureau of
Indian Education and 0.5% of the total appropriation for the Outlying Areas. Indian Education and 0.5% of the total appropriation for the Outlying Areas.
30 If a state chooses not to apply for a grant, the Secretary reallocates grant funds to other states in accordance with the 30 If a state chooses not to apply for a grant, the Secretary reallocates grant funds to other states in accordance with the
formula in Section 1203(a)(4)(B). formula in Section 1203(a)(4)(B).
31 Section 1204(a). 32 T his includes any SEAs participating in consortia. Up to four SEAs are permitted to work together in a consortium.
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summative determination for each student” and “assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs.”31 During the first three years in which the Secretary grants demonstration authority, not more than seven SEAs may have their applications for the authority approved.32 Separate funding is not provided under the demonstration authority; however, states may use a portion of the formula and competitive grant funding provided through the State Assessment Grant program discussed above to carry out this demonstration authority.
Part C: Education of Migratory Children
Title I-C authorizes grants to SEAs for the education of migratory children and youth. A Title I-C authorizes grants to SEAs for the education of migratory children and youth. A
migratory child or youth is one who made a qualifying move33 in the preceding 36 months as a migratory child or youth is one who made a qualifying move33 in the preceding 36 months as a
migratory agricultural worker or migratory fisher or moved with or to join a parent or spouse who migratory agricultural worker or migratory fisher or moved with or to join a parent or spouse who
is a migratory agricultural worker or migratory fisher. Among other purposes, the program assists is a migratory agricultural worker or migratory fisher. Among other purposes, the program assists
states in supporting high-quality, comprehensive educational programs and services during the states in supporting high-quality, comprehensive educational programs and services during the
school year, summer, and intersession periods that address the unique needs of migratory school year, summer, and intersession periods that address the unique needs of migratory
children. Funds are children. Funds are
al ocatedallocated by formula on the basis of each state’s number of migratory children by formula on the basis of each state’s number of migratory children
and youth aged 3-21 and Title I-A state expenditure factor (discussed above). ED may also make and youth aged 3-21 and Title I-A state expenditure factor (discussed above). ED may also make
grants for the coordination of services and transfer of educational records for migratory students. grants for the coordination of services and transfer of educational records for migratory students.
Part D: Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At Risk
Title I-D authorizes a pair of programs intended to improve education for students who are Title I-D authorizes a pair of programs intended to improve education for students who are
neglected, delinquent, or at risk of dropping out of school. Subpart 1 authorizes grants for the neglected, delinquent, or at risk of dropping out of school. Subpart 1 authorizes grants for the
education of children and youth in state institutions for the neglected or delinquent, including education of children and youth in state institutions for the neglected or delinquent, including
community day programs and adult correctional institutions. Funds are community day programs and adult correctional institutions. Funds are
al ocatedallocated to SEAs on the to SEAs on the
basis of the number of such children and youth and the Title I-A state expenditure factor. A basis of the number of such children and youth and the Title I-A state expenditure factor. A
portion of each SEA’s grant is to be used to provide transition services to children and youth portion of each SEA’s grant is to be used to provide transition services to children and youth
transferring to regular public schools. transferring to regular public schools.
Under Subpart 2, Title I-A funds are provided to each SEA based on the number of children and
Under Subpart 2, Title I-A funds are provided to each SEA based on the number of children and
youth residing in local correctional facilities or attending community day programs for delinquent youth residing in local correctional facilities or attending community day programs for delinquent
children and youth. These Title I-A funds are used to make grants to LEAs with high numbers or children and youth. These Title I-A funds are used to make grants to LEAs with high numbers or
percentages of children and youth in percentages of children and youth in
local ylocally operated correctional facilities for children and operated correctional facilities for children and
youth. These children and youth are then served in accordance with Title I-D provisions. Funds youth. These children and youth are then served in accordance with Title I-D provisions. Funds
are used, for example, to provide transition programs, dropout prevention programs, special are used, for example, to provide transition programs, dropout prevention programs, special
programs to meet the unique academic needs of participating children and youth, and mentoring programs to meet the unique academic needs of participating children and youth, and mentoring
and peer mediation. and peer mediation.
Part E: Flexibility for Equitable Per-Pupil Funding
ESEA Title I-E provides the Secretary with the authority to enter into demonstration agreements ESEA Title I-E provides the Secretary with the authority to enter into demonstration agreements
that provide flexibilitythat provide flexibility
to LEAs to deliver equitable per-pupil funding. The weighted per-pupil to LEAs to deliver equitable per-pupil funding. The weighted per-pupil
funding system must al ocate substantial y more funding to students from low
31 Section 1204(a). 32 This includes any SEAs participating in consortia. Up to four SEAs are permitted to work together in a consortium. 33 A qualifying move generally means a move due to economic necessity from one residence to another and from one school district to another (Section 1309(5)).
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funding system must allocate substantially more funding to students from low-income families, -income families,
English learners, and students with other characteristics associated with educational disadvantage English learners, and students with other characteristics associated with educational disadvantage
selected by the LEAselected by the LEA
than is than is
al ocatedallocated to other students. Prior to the 2019-2020 school year, up to to other students. Prior to the 2019-2020 school year, up to
50 LEAs were permitted to apply for the flexibility50 LEAs were permitted to apply for the flexibility
to consolidate eligibleto consolidate eligible
federal funds34 and federal funds34 and
state and local funds to create a single school funding system based on weighted per-pupil state and local funds to create a single school funding system based on weighted per-pupil
al ocationsallocations (using weights or (using weights or
al ocationsallocations to provide funding to schools). Beginning with the 2019- to provide funding to schools). Beginning with the 2019-
2020 school year, the number of LEAs permitted to participate under Title I-E is not capped 2020 school year, the number of LEAs permitted to participate under Title I-E is not capped
provided a “substantial majority” of the LEAs participating in previous years have met program provided a “substantial majority” of the LEAs participating in previous years have met program
requirements.
33 A qualifying move generally means a move due to economic necessity from one residence to another and from one school district to another (Section 1309(5)). 34 Eligible federal funds include those under T itle I-A, T itle I-C, T itle I-D-2, T itle II-A, T itle II-B, T itle III, T itle IV-A, and T itle V-B.
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requirements.
Part F: General Provisions
Title I-F provides for the development of federal regulations for Title I programs and state Title I-F provides for the development of federal regulations for Title I programs and state
administration of these programs. Part F also prohibits federal control of the “specific administration of these programs. Part F also prohibits federal control of the “specific
instructional content, academic achievement standards and assessments, curriculum or program of instructional content, academic achievement standards and assessments, curriculum or program of
instruction”35 of states, LEAs, or schools, and clarifies that nothing in Title I is to be “construed to instruction”35 of states, LEAs, or schools, and clarifies that nothing in Title I is to be “construed to
mandate equalized spending per pupil for a State, local educational agency, or school.”36mandate equalized spending per pupil for a State, local educational agency, or school.”36
Title II: Preparing, Training, and Recruiting High-
Quality Teachers, Principals, and Other School
Leaders
Title II includes programs centered on teachers, school leaders (e.g., principals), literacy, and Title II includes programs centered on teachers, school leaders (e.g., principals), literacy, and
American history and civics education. Programs focused on teachers and school leaders support American history and civics education. Programs focused on teachers and school leaders support
activities and initiativesactivities and initiatives
such as professional development, staff recruitment and retention, such as professional development, staff recruitment and retention,
performance-based compensation systems, and the establishment of a statewide science, performance-based compensation systems, and the establishment of a statewide science,
technology, engineering, and mathematics (STEM) master teacher corps. Other Title II programs technology, engineering, and mathematics (STEM) master teacher corps. Other Title II programs
focus on literacy education, providing grants to support literacy efforts from birth through grade focus on literacy education, providing grants to support literacy efforts from birth through grade
12 and supporting school library programs, early literacy services, and the provision of high-12 and supporting school library programs, early literacy services, and the provision of high-
quality books to children and adolescents. Title II also includes American history and civic quality books to children and adolescents. Title II also includes American history and civic
education programs that provide academies for teachers and students to learn more about these education programs that provide academies for teachers and students to learn more about these
topics and authorizes national activities related to American history and civics education. Title topics and authorizes national activities related to American history and civics education. Title
II’s introductory text includes the purpose of the title, several definitions, and authorizations of II’s introductory text includes the purpose of the title, several definitions, and authorizations of
appropriations for FY2017 through FY2020 for the programs authorized in Title II.37appropriations for FY2017 through FY2020 for the programs authorized in Title II.37
Part A: Supporting Effective Instruction
Part A authorizes a program of state grants that may be used for a variety of purposes related to Part A authorizes a program of state grants that may be used for a variety of purposes related to
preparation, training, recruitment, retention, and professional development of elementary and preparation, training, recruitment, retention, and professional development of elementary and
secondary education teachers and school leaders. The formula grants are secondary education teachers and school leaders. The formula grants are
al ocatedallocated to SEAs based to SEAs based
on student population and poverty counts, as on student population and poverty counts, as
wel well as a base guarantee determined by the amount
34 Eligible federal funds include those under Title I-A, Title I-C, Title I-D-2, Title II-A, Title II-B, Title III, Title IV-A, and Title V-B.
35 Section 1604. 36 Section 1605. 37 Section 2003.
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each state received in FY2001 under antecedent programs. The base guarantee is being phased out through FY2022. SEAs may reserve a share of funds for administration and statewide services, such as teacher or principal support programs; preparation academies;38 licensing or certification reform; improving equitable access to effective teachers; reforming or improving teacher and principal preparation programs; training teachers in the use of student data; and technical assistance to LEAs.
SEAs are required to suballocate at least 95% of grants to LEAs. Grants to LEAs are made based as a base guarantee determined by the amount
each state received in FY2001 under antecedent programs. The base guarantee is being phased out through FY2022. SEAs may reserve a share of funds for administration and statewide services, such as teacher or principal support programs; preparation academies;38 licensing or certification reform; improving equitable access to effective teachers; reforming or improving
35 Section 1604. 36 Section 1605. 37 Section 2003. 38 SEAs are permitted to use a limited amount of their funds to establish or expand teacher, principal, or other school leader preparation academies that meet certain requirements, such as ensuring that enrolled students receive a “significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher, principal, or other school leader, as determined by the state”; ensuring that the academy will award a certificate of completion (or degree) to a teacher only after the teacher has demonstrated that he or she is an effective teacher, as determined by the state; and limiting admission to the academy to prospective candidates who demonstrate “strong potential to improve student achievement” (Section 2002(4)).
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teacher and principal preparation programs; training teachers in the use of student data; and
technical assistance to LEAs.
SEAs are required to subal ocate at least 95% of grants to LEAs. Grants to LEAs are made based
on student population and poverty counts. However, states are authorized to reserve up to 3% of on student population and poverty counts. However, states are authorized to reserve up to 3% of
the amount otherwise reserved for subgrants for LEAs for state-level activities focused on school the amount otherwise reserved for subgrants for LEAs for state-level activities focused on school
leaders.39 Funds received by LEAs may be used for a variety of purposes including recruiting, leaders.39 Funds received by LEAs may be used for a variety of purposes including recruiting,
hiring, and retaining effective teachers; teacher and school leader evaluation and support systems; hiring, and retaining effective teachers; teacher and school leader evaluation and support systems;
professional development activities for teachers and principals; and class-size reduction. professional development activities for teachers and principals; and class-size reduction.
Part B: National Activities
Subpart 1 authorizes the Teacher and School Leader Incentive Fund. This program provides Subpart 1 authorizes the Teacher and School Leader Incentive Fund. This program provides
competitive grants to LEAs, SEAs or other state agencies, the Bureau of Indian Education, or a competitive grants to LEAs, SEAs or other state agencies, the Bureau of Indian Education, or a
partnership of one of these entities with one or more nonprofit or for-profit entities to develop, partnership of one of these entities with one or more nonprofit or for-profit entities to develop,
implement, improve, or expand performance-based teacher and principal compensation systems implement, improve, or expand performance-based teacher and principal compensation systems
or human capital management systems for teachers, principals, and other school leaders in high-or human capital management systems for teachers, principals, and other school leaders in high-
needs schools. needs schools.
Subpart 2 authorizes Literacy Education for
Subpart 2 authorizes Literacy Education for
Al All, Results for the Nation to improve student , Results for the Nation to improve student
academic achievement in reading and writing from early education through grade 12. Under academic achievement in reading and writing from early education through grade 12. Under
Subpart 2, competitive Comprehensive Literacy State Development Grants (Section 2222) are Subpart 2, competitive Comprehensive Literacy State Development Grants (Section 2222) are
provided to SEAs. SEAs subsequently provide competitive subgrants to one or more eligible provided to SEAs. SEAs subsequently provide competitive subgrants to one or more eligible
LEAs for the development and implementation of a comprehensive literacy instruction plan, LEAs for the development and implementation of a comprehensive literacy instruction plan,
professional development, and other activities. SEAs may also award competitive subgrants for professional development, and other activities. SEAs may also award competitive subgrants for
early literacy services to one or more eligible early childhood education programs. In addition, early literacy services to one or more eligible early childhood education programs. In addition,
SEAs may use funds to develop or enhance comprehensive literacy instruction plans. SEAs must SEAs may use funds to develop or enhance comprehensive literacy instruction plans. SEAs must
ensure that at least 15% of funds are used to serve children from birth through age 5, 40% to ensure that at least 15% of funds are used to serve children from birth through age 5, 40% to
serve children in kindergarten to grade 5, and 40% to serve children in grades 6 through 12. serve children in kindergarten to grade 5, and 40% to serve children in grades 6 through 12.
Funds reserved under Section 2222 for evaluation purposes must be used to conduct a national Funds reserved under Section 2222 for evaluation purposes must be used to conduct a national
evaluation of the grant and subgrant programs authorized under Subpart 2 (Section 2225). Under evaluation of the grant and subgrant programs authorized under Subpart 2 (Section 2225). Under
the Innovative Approaches to Literacy program (Section 2226), the Secretary may award grants, the Innovative Approaches to Literacy program (Section 2226), the Secretary may award grants,
contracts, or cooperative agreements to eligible entities to promote literacy programs that support contracts, or cooperative agreements to eligible entities to promote literacy programs that support
the development of literacy the development of literacy
skil sskills in low-income communities through school library programs, in low-income communities through school library programs,
early literacy services, and programs to provide high-quality books regularly to children from early literacy services, and programs to provide high-quality books regularly to children from
low-income communities. low-income communities.
Subpart 3 authorizes American History and Civics Education programs. Section 2232 authorizes
Subpart 3 authorizes American History and Civics Education programs. Section 2232 authorizes
the Presidential and Congressional Academies for American History and Civics. Presidential the Presidential and Congressional Academies for American History and Civics. Presidential
Academies offer professional development opportunities for teachers of American history and Academies offer professional development opportunities for teachers of American history and
38 SEAs are permitted to use a limited amount of their funds to establish or expand teacher, principal, or other school leader preparation academies that meet certain requirements, such as ensuring that enrolled students receive a “significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher, principal, or other school leader, as determined by the state”; ensuring that the academy will award a certificate of completion (or degree) to a teacher only after the teacher has demonstrated that he or she is an effective teacher, as determined by the state; and limiting admission to the academy to prospective candidates who demonstrate “strong potential to improve student achievement” (Section 2002(4)). 39 Section 2101(c)(3).
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civics. Congressional Academies provide a seminar or institute for outstanding students of civics. Congressional Academies provide a seminar or institute for outstanding students of
American history and civics. Section 2233 authorizes national activities that provide competitive American history and civics. Section 2233 authorizes national activities that provide competitive
grants to promote new and existing evidence-based strategies to encourage innovative American grants to promote new and existing evidence-based strategies to encourage innovative American
history, civics and government, and geography instruction and learning strategies, and history, civics and government, and geography instruction and learning strategies, and
professional development for teachers and school leaders. professional development for teachers and school leaders.
Subpart 4 authorizes several programs related to educators, school leaders, technical assistance,
Subpart 4 authorizes several programs related to educators, school leaders, technical assistance,
and evaluation. Section 2242 authorizes the Supporting Effective Educator Development (SEED) and evaluation. Section 2242 authorizes the Supporting Effective Educator Development (SEED)
program, which provides competitive grants to support nontraditional teacher certification or program, which provides competitive grants to support nontraditional teacher certification or
preparation routes, evidence-based professional development, professional development to preparation routes, evidence-based professional development, professional development to
39 Section 2101(c)(3).
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support dual or concurrent enrollment, and professional enhancement activities that may lead to support dual or concurrent enrollment, and professional enhancement activities that may lead to
an advanced credential. Section 2243 authorizes the School Leader Recruitment and Support an advanced credential. Section 2243 authorizes the School Leader Recruitment and Support
program, which provides competitive grants to improve the recruitment, placement, support, and program, which provides competitive grants to improve the recruitment, placement, support, and
retention of principals and other school leaders in high-need schools. Section 2244 authorizes a retention of principals and other school leaders in high-need schools. Section 2244 authorizes a
comprehensive center focused on students at risk of not attaining full literacy comprehensive center focused on students at risk of not attaining full literacy
skil sskills due to a due to a
disability.disability.
Funds may also be used to provide technical assistance or evaluate state and LEA Funds may also be used to provide technical assistance or evaluate state and LEA
activities under Title II-B. Section 2245 authorizes the STEM40 Master Teacher Corps program, activities under Title II-B. Section 2245 authorizes the STEM40 Master Teacher Corps program,
which provides competitive grants to support the development of a statewide STEM master which provides competitive grants to support the development of a statewide STEM master
teacher corps or to support the implementation, replication, or expansion of effective STEM teacher corps or to support the implementation, replication, or expansion of effective STEM
professional development programs. professional development programs.
Part C: General Provisions
Part C includes a supplement, not supplant provision that applies to funds provided under Title II. Part C includes a supplement, not supplant provision that applies to funds provided under Title II.
It also states that nothing in Title II authorizes the Secretary or any federal employee to mandate, It also states that nothing in Title II authorizes the Secretary or any federal employee to mandate,
direct, or control specific aspects of a state’s, LEA’s, or school’s educational program, including, direct, or control specific aspects of a state’s, LEA’s, or school’s educational program, including,
for example, instructional content, curricula, academic standards, academic assessments, staff for example, instructional content, curricula, academic standards, academic assessments, staff
evaluation systems, specific definitions of staff effectiveness, professional standards, licensing, or evaluation systems, specific definitions of staff effectiveness, professional standards, licensing, or
certification. Title II also states that none of the provisions in the title certification. Title II also states that none of the provisions in the title
shal shall be construed to affect be construed to affect
collective bargaining or other such agreements between school or district employees and their collective bargaining or other such agreements between school or district employees and their
employers. employers.
Title III: Language Instruction for English Learners
and Immigrant Students
Title III authorizes programs that are focused on improving the academic attainment of ELs, Title III authorizes programs that are focused on improving the academic attainment of ELs,
including immigrant students. Under the Title III-A state grants program, funds are used at the including immigrant students. Under the Title III-A state grants program, funds are used at the
state level to support activities such as consultation to develop statewide standardized entrance state level to support activities such as consultation to develop statewide standardized entrance
and exit procedures. Funds are used by LEAs for activities such as effective language and exit procedures. Funds are used by LEAs for activities such as effective language
instructional programs, professional development, and supplemental activities. Title III also instructional programs, professional development, and supplemental activities. Title III also
authorizes two national programs, a professional development project and a clearinghouse related authorizes two national programs, a professional development project and a clearinghouse related
to the education of ELs. The introductory text to Title III authorizes appropriations for FY2017 to the education of ELs. The introductory text to Title III authorizes appropriations for FY2017
through FY2020. through FY2020.
40 STEM stands for science, technology, engineering, and mathematics.
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Part A: English Language Acquisition, Language Enhancement, and
Academic Achievement Act
The English Language Acquisition program was designed to help ensure that ELs,41 including The English Language Acquisition program was designed to help ensure that ELs,41 including
immigrant students, attain English proficiency, develop high levels of academic attainment in immigrant students, attain English proficiency, develop high levels of academic attainment in
English, and meet the same English, and meet the same
chal engingchallenging state academic standards that state academic standards that
al all students are expected to students are expected to
meet. The program was also designed to assist educators, SEAs, and LEAs in developing and meet. The program was also designed to assist educators, SEAs, and LEAs in developing and
implementing effective language instruction educational programs to assist in teaching ELs and implementing effective language instruction educational programs to assist in teaching ELs and
developing and enhancing their capacity to provide effective instructional programs to prepare developing and enhancing their capacity to provide effective instructional programs to prepare
ELs to enter ELs to enter
al all-English settings. Title III-A also promotes parental, family, and community -English settings. Title III-A also promotes parental, family, and community
40 ST EM stands for science, technology, engineering, and mathematics. 41 A definition of English learner is included in Section 8101(20).
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participation in language instruction educational programs for the parents, families, and participation in language instruction educational programs for the parents, families, and
communities of ELs. communities of ELs.
Formula grant
Formula grant
al ocationsallocations are made to SEAs based on the proportion of EL students and are made to SEAs based on the proportion of EL students and
immigrant students in each state relative to immigrant students in each state relative to
al all states. These amounts are weighted by 80% and states. These amounts are weighted by 80% and
20%, respectively. SEAs may reserve not more than 5% of the funds received for working with 20%, respectively. SEAs may reserve not more than 5% of the funds received for working with
LEAs to establish standardized statewide entrance and exit procedures, providing effective LEAs to establish standardized statewide entrance and exit procedures, providing effective
teacher and principal preparation and professional development activities, and planning teacher and principal preparation and professional development activities, and planning
evaluation, administration, and interagency coordination. SEAs are required to make subgrants to evaluation, administration, and interagency coordination. SEAs are required to make subgrants to
eligible eligible entities42 based on the relative number of EL students in schools served by those entities. entities42 based on the relative number of EL students in schools served by those entities.
SEAs are also required to reserve not more than 15% of the state SEAs are also required to reserve not more than 15% of the state
al ocationallocation to make grants to to make grants to
eligibleeligible
entities that have experienced a significant increase in the percentage or number of entities that have experienced a significant increase in the percentage or number of
immigrant students enrolled in schools in the geographic area served by the entity.43 immigrant students enrolled in schools in the geographic area served by the entity.43
Eligible
Eligible
entities receiving subgrants are required to use funds for three activities.44 First, funds entities receiving subgrants are required to use funds for three activities.44 First, funds
must be used to increase the English language proficiency of ELs by providing effective language must be used to increase the English language proficiency of ELs by providing effective language
instructional programs that demonstrate the program is successfully increasing English language instructional programs that demonstrate the program is successfully increasing English language
proficiency and student academic achievement. Second, funds must be used to provide effective proficiency and student academic achievement. Second, funds must be used to provide effective
professional development to school staff or community-based personnel. Third, funds must be professional development to school staff or community-based personnel. Third, funds must be
used to provide and implement other “effective activities or strategies that enhance or supplement used to provide and implement other “effective activities or strategies that enhance or supplement
language instruction educational programs for ELs,”45 including parent, family, and community language instruction educational programs for ELs,”45 including parent, family, and community
engagement activities. Eligibleengagement activities. Eligible
entities receiving grants from the funds reserved entities receiving grants from the funds reserved
specifical yspecifically for for
immigrant students are required to use these funds to support activities that “provide enhanced immigrant students are required to use these funds to support activities that “provide enhanced
instructional opportunities”46 for immigrant students. instructional opportunities”46 for immigrant students.
While Title III-A focuses on the education of ELs, Title I-A also contains provisions that
While Title III-A focuses on the education of ELs, Title I-A also contains provisions that
specifical yspecifically apply to this student population, as noted previously. For example, Title I-A requires apply to this student population, as noted previously. For example, Title I-A requires
that states establish English language proficiency standards47 that are derived from the domains of that states establish English language proficiency standards47 that are derived from the domains of
speaking, listening, reading, and writing and are aligned with speaking, listening, reading, and writing and are aligned with
chal engingchallenging state academic
41 A definition of English learner is included in Section 8101(20). 42 Eligible entities include one or more LEAs, or one or more LEAs partnering with a specified entity (e.g., IHE). 43 The percentage of funds reserved is determined by the ESEA but may not exceed 15% of the SEA’s grant amount. 44 There are several allowable uses of funds as well, such as providing community participation programs and acquiring or developing educational technology to improve the instruction of ELs.
45 Section 3115(c)(3). 46 Section 3115(e)(1). 47 Section 1111(b)(1)(F).
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state academic standards. Under Title I-A, LEAs are required to assess English language proficiency standards. Under Title I-A, LEAs are required to assess English language proficiency
annual y
annually using assessments aligned with the state English language proficiency standards.48 using assessments aligned with the state English language proficiency standards.48
National Programs (Sections 3131 and 3202)
A portion of Title III-A funds are reserved to support two specific national programs: (1) the
A portion of Title III-A funds are reserved to support two specific national programs: (1) the
National Professional Development Project (Section 3131), and (2) the National Clearinghouse National Professional Development Project (Section 3131), and (2) the National Clearinghouse
for English Language Acquisition and Language Instruction Educational Programs (Section for English Language Acquisition and Language Instruction Educational Programs (Section
3202). Under the National Professional Development Project, grants are awarded on a 3202). Under the National Professional Development Project, grants are awarded on a
competitive basis for a period of up to five years to IHEs or public or private entities with competitive basis for a period of up to five years to IHEs or public or private entities with
relevant experience and capacity working in consortia with SEAs or LEAs to provide for relevant experience and capacity working in consortia with SEAs or LEAs to provide for
professional development activities that professional development activities that
wil will improve classroom instruction for ELs and help improve classroom instruction for ELs and help
personnel working with these students to meet professional standards. The National personnel working with these students to meet professional standards. The National
42 Eligible entities include one or more LEAs, or one or more LEAs partnering with a specified entity (e.g., IHE). 43 T he percentage of funds reserved is determined by the ESEA but may not exceed 15% of the SEA’s grant amount. 44 T here are several allowable uses of funds as well, such as providing community participation programs and acquiring or developing educational technology to improve the instruction of ELs. 45 Section 3115(c)(3). 46 Section 3115(e)(1). 47 Section 1111(b)(1)(F). 48 Section 1111(b)(2)(G).
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Clearinghouse is responsible for collecting, analyzing, synthesizing, and disseminating Clearinghouse is responsible for collecting, analyzing, synthesizing, and disseminating
information about language instruction educational programs for ELs and related programs. information about language instruction educational programs for ELs and related programs.
Part B: General Provisions
Part B includes definitions relevant to Title III, statutory provisions authorizing the National Part B includes definitions relevant to Title III, statutory provisions authorizing the National
Clearinghouse (discussed above), and the development of regulations for Title III. Clearinghouse (discussed above), and the development of regulations for Title III.
Title IV: 21st Century Schools
Title IV authorizes a range of programs and activities including a block grant program, a program Title IV authorizes a range of programs and activities including a block grant program, a program
to support learning opportunities during non-school hours, programs to support charter schools to support learning opportunities during non-school hours, programs to support charter schools
and magnet schools, a family engagement program, an innovation and research program, and magnet schools, a family engagement program, an innovation and research program,
programs to provide community support for student success, national activities for school safety, programs to provide community support for student success, national activities for school safety,
and programs focused on arts education, video programming for preschool and elementary school and programs focused on arts education, video programming for preschool and elementary school
children, and gifted and talented education. children, and gifted and talented education.
Part A: Student Support and Academic Enrichment (SSAE) Grants
Title IV-A authorizes SSAE grants to improve students’ academic achievement by increasing the Title IV-A authorizes SSAE grants to improve students’ academic achievement by increasing the
capacity of states, LEAs, schools, and local communities to (1) provide capacity of states, LEAs, schools, and local communities to (1) provide
al all students with access to students with access to
a a
wel well-rounded education,49 (2) improve school conditions for student learning, and (3) improve -rounded education,49 (2) improve school conditions for student learning, and (3) improve
the use of technology in order to increase the academic achievement and digital learning of the use of technology in order to increase the academic achievement and digital learning of
al all students. Formula grants are made to states based on their Title I-A funding from the prior year.50 students. Formula grants are made to states based on their Title I-A funding from the prior year.50
States then make formula subgrants to LEAs. LEAs must use SSAE funds for three broad States then make formula subgrants to LEAs. LEAs must use SSAE funds for three broad
categories of activities: (1) supporting categories of activities: (1) supporting
wel well-rounded educational opportunities, (2) supporting safe -rounded educational opportunities, (2) supporting safe
and healthy students, and (3) supporting the effective use of technology. If an LEA receives a and healthy students, and (3) supporting the effective use of technology. If an LEA receives a
grant of $30,000 or more, it must provide assurances that it grant of $30,000 or more, it must provide assurances that it
wil will use at least 20% for activities to use at least 20% for activities to
support a support a
wel well-rounded education, at least 20% for activities to support safe and healthy students, -rounded education, at least 20% for activities to support safe and healthy students,
and at least some of its funds to support the effective use of technology. If an LEA receives a and at least some of its funds to support the effective use of technology. If an LEA receives a
48 Section 1111(b)(2)(G). 49 “Well-rounded education” is defined in Section 8101(52). It means courses, activities, and programming in a variety of subjects with the “purpose of providing all students access to an enriched curriculum and educational experience.” 50 No hold harmless provisions are applied in making this determination. For more information about the Title I-A formulas, see CRS Report R44461, Allocation of Funds Under Title I-A of the Elementary and Secondary Education Act.
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grant of less than $30,000, it is only required to provide an assurance regarding the use of funds grant of less than $30,000, it is only required to provide an assurance regarding the use of funds
for at least one of the three categories. for at least one of the three categories.
Part B: 21st Century Community Learning Centers
Title IV-B supports activities provided during non-school hours that offer learning opportunities Title IV-B supports activities provided during non-school hours that offer learning opportunities
for school-aged children. Formula grants are made to SEAs based on their Title I-A funding from for school-aged children. Formula grants are made to SEAs based on their Title I-A funding from
the prior year.51 States subsequently award grants to local entities (e.g., LEAs, community-based the prior year.51 States subsequently award grants to local entities (e.g., LEAs, community-based
organizations) on a competitive basis for a period of three to five years. In awarding subgrants, organizations) on a competitive basis for a period of three to five years. In awarding subgrants,
SEAs are required to give priority to applicants proposing to target services to students who SEAs are required to give priority to applicants proposing to target services to students who
attend schools implementing CSI or TSI activities or other schools identified by the LEA in need attend schools implementing CSI or TSI activities or other schools identified by the LEA in need
of intervention support to improve student academic achievement and other outcomes; enroll of intervention support to improve student academic achievement and other outcomes; enroll
students who may be at risk for academic failure, dropping out, or involvement with criminal or students who may be at risk for academic failure, dropping out, or involvement with criminal or
49 “Well-rounded education” is defined in Section 8101(52). It means courses, activities, and programming in a variety of subjects with the “purpose of providing all students access to an enriched curriculum and educational experience.” 50 No hold harmless provisions are applied in making this determination. For more information about the T itle I -A formulas, see CRS Report R44461, Allocation of Funds Under Title I-A of the Elem entary and Secondary Education
Act. 51 Ibid.
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delinquent activities, or who lack “strong positive role models”; or target the families of such delinquent activities, or who lack “strong positive role models”; or target the families of such
students. Local entities may use funds for activities that improve student academic achievement students. Local entities may use funds for activities that improve student academic achievement
and support student success, such as academic enrichment learning programs, mentoring, and support student success, such as academic enrichment learning programs, mentoring,
tutoring, tutoring,
wel well-rounded education activities, programs to support a healthy and active lifestyle, -rounded education activities, programs to support a healthy and active lifestyle,
technology education, expanded library service hours, parenting technology education, expanded library service hours, parenting
skil sskills programs, drug and programs, drug and
violence prevention programs, counseling programs, STEM programs, and programs that build violence prevention programs, counseling programs, STEM programs, and programs that build
career competencies and career readiness.career competencies and career readiness.
Part C: Enhancing Opportunity Through Quality Charter Schools
The Charter Schools Program (CSP) supports the startup of new charter schools and the The Charter Schools Program (CSP) supports the startup of new charter schools and the
replication and expansion of high-quality charter schools (Section 4303). It also assists charter replication and expansion of high-quality charter schools (Section 4303). It also assists charter
schools in accessing credit to acquire and renovate facilities and includes a competitive grant schools in accessing credit to acquire and renovate facilities and includes a competitive grant
program that provides per-pupil facilities aid (Section 4304). The CSP also provides funding for program that provides per-pupil facilities aid (Section 4304). The CSP also provides funding for
national activities to support the startup, replication, and expansion of charter schools; the national activities to support the startup, replication, and expansion of charter schools; the
dissemination of best practices; program evaluation; and stronger charter authorizing practices dissemination of best practices; program evaluation; and stronger charter authorizing practices
(Section 4305). Of the funds appropriated for Title I-C, 65% is provided for the startup, (Section 4305). Of the funds appropriated for Title I-C, 65% is provided for the startup,
replication, and expansion of charter schools; 22.5% for national activities; and 12.5% for replication, and expansion of charter schools; 22.5% for national activities; and 12.5% for
facilities financing.52 facilities financing.52
Part D: Magnet Schools Assistance Program
Title IV-D provides grants to LEAs to plan and operate magnet schools—public schools of choice Title IV-D provides grants to LEAs to plan and operate magnet schools—public schools of choice
designed to encourage voluntary enrollment by students of different racial backgrounds. LEAs designed to encourage voluntary enrollment by students of different racial backgrounds. LEAs
that are operating under a court-ordered desegregation plan or have voluntarily adopted a that are operating under a court-ordered desegregation plan or have voluntarily adopted a
federal yfederally approved desegregation plan are eligible approved desegregation plan are eligible
to receive grants to establish and operate to receive grants to establish and operate
magnet schools. In awarding grants, the Secretary is required to give priority to LEAs that magnet schools. In awarding grants, the Secretary is required to give priority to LEAs that
demonstrate the greatest need for assistance, based on the expense or difficulty of effectively demonstrate the greatest need for assistance, based on the expense or difficulty of effectively
carrying out approved desegregation plans and the magnet school program; propose to implement carrying out approved desegregation plans and the magnet school program; propose to implement
a new or revise an existing magnet school program based on evidence-based methods and a new or revise an existing magnet school program based on evidence-based methods and
practices or replicate an existing magnet school with a demonstrated track record of success; plan practices or replicate an existing magnet school with a demonstrated track record of success; plan
to admit students by methods other than academic examinations, such as a lottery; and propose to to admit students by methods other than academic examinations, such as a lottery; and propose to
increase racial integration by taking into account socioeconomic diversity in the design and increase racial integration by taking into account socioeconomic diversity in the design and
implementation of the magnet school program. implementation of the magnet school program.
51 Ibid. 52 The distribution of funds among the various charter school programs is detailed in Section 4302(b).
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Part E: Family Engagement in Education Programs
Title IV-E provides competitive grants to statewide organizations to establish family engagement Title IV-E provides competitive grants to statewide organizations to establish family engagement
centers. These centers promote parent education and family engagement in education programs centers. These centers promote parent education and family engagement in education programs
and provide comprehensive training and technical assistance to SEAs, LEAs, and schools and provide comprehensive training and technical assistance to SEAs, LEAs, and schools
identified by SEAs and LEAs; organizations that support family-school partnerships; and other identified by SEAs and LEAs; organizations that support family-school partnerships; and other
organizations that carry out such programs. organizations that carry out such programs.
Part F: National Activities
Title IV-F authorizes a range of programs. Each is discussed briefly below. Title IV-F authorizes a range of programs. Each is discussed briefly below.
52 T he distribution of funds among the various charter school programs is detailed in Section 4302(b).
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Subpart F-1 authorizes the Education Innovation and Research (EIR) program,53 which provides
Subpart F-1 authorizes the Education Innovation and Research (EIR) program,53 which provides
competitive grants to eligiblecompetitive grants to eligible
entities to create, develop, implement, replicate, or take-to-scale entities to create, develop, implement, replicate, or take-to-scale
entrepreneurial, evidence-based, field-initiated innovations to improve achievement and entrepreneurial, evidence-based, field-initiated innovations to improve achievement and
attainment for high-need students. Three types of grants (early phase, mid-phase, and expansion attainment for high-need students. Three types of grants (early phase, mid-phase, and expansion
grants) are awarded primarily based on the past demonstrated success of the grantee in meeting grants) are awarded primarily based on the past demonstrated success of the grantee in meeting
these goals. these goals.
Subpart F-2 authorizes the Promise Neighborhoods program (Section 4624) and the Full-Service
Subpart F-2 authorizes the Promise Neighborhoods program (Section 4624) and the Full-Service
Community Schools (FSCS) program (Section 4625). They were authorized by the ESEA prior to Community Schools (FSCS) program (Section 4625). They were authorized by the ESEA prior to
the enactment of the ESSA using authority previously availablethe enactment of the ESSA using authority previously available
in Title V-D-1 to create programs in Title V-D-1 to create programs
of national significance.54 Both programs are designed to provide pipeline services, which deliver of national significance.54 Both programs are designed to provide pipeline services, which deliver
a “continuum of coordinated supports, services, and opportunities,” to children in distressed a “continuum of coordinated supports, services, and opportunities,” to children in distressed
communities. More communities. More
specifical yspecifically, the Promise Neighborhoods program provides a comprehensive, , the Promise Neighborhoods program provides a comprehensive,
effective continuum of coordinated services in neighborhoods with high concentrations of loweffective continuum of coordinated services in neighborhoods with high concentrations of low
--
income individuals, multiple signs of distress (e.g., high rates of poverty, academic failure, and income individuals, multiple signs of distress (e.g., high rates of poverty, academic failure, and
juvenile juvenile delinquency), and schools implementing comprehensive or targeted support and delinquency), and schools implementing comprehensive or targeted support and
improvement activities under Title I-A. The FSCS program provides grants to public elementary improvement activities under Title I-A. The FSCS program provides grants to public elementary
and secondary schools to participate in a community-based effort to coordinate and integrate and secondary schools to participate in a community-based effort to coordinate and integrate
educational, developmental, family, health, and other comprehensive services through educational, developmental, family, health, and other comprehensive services through
community-based organizations and public and private partnerships. Access to such services is community-based organizations and public and private partnerships. Access to such services is
provided in schools to students, families, and the community. provided in schools to students, families, and the community.
Subpart F-3 authorizes National Activities for School Safety. A portion of funds appropriated for
Subpart F-3 authorizes National Activities for School Safety. A portion of funds appropriated for
these activities must be used for the Project School Emergency Response to Violence (Project these activities must be used for the Project School Emergency Response to Violence (Project
SERV). Project SERV provides grants to LEAs, IHEs, and the Bureau of Indian Education (BIE) SERV). Project SERV provides grants to LEAs, IHEs, and the Bureau of Indian Education (BIE)
for BIE schools where the learning environment has been disrupted due to a violent or traumatic for BIE schools where the learning environment has been disrupted due to a violent or traumatic
crisis.55 Funds for National Activities for School Safety that are not used for Project SERV may crisis.55 Funds for National Activities for School Safety that are not used for Project SERV may
be used for other activities to improve student be used for other activities to improve student
wel well-being during or after the school day. -being during or after the school day.
Subpart F-4 authorizes three programs focused on academic enrichment. Section 4642 authorizes
Subpart F-4 authorizes three programs focused on academic enrichment. Section 4642 authorizes
competitive grants for arts education under the Assistance for Arts Education Program. Section competitive grants for arts education under the Assistance for Arts Education Program. Section
4643 authorizes grants to support educational and instructional video programming, 4643 authorizes grants to support educational and instructional video programming,
accompanying support materials, and digital content to promote school readiness for preschool
and elementary school children and their families through the Ready to Learn Programming program. Section 4644 authorizes the Javits Gifted and Talented Students Education Program, which provides grants to enhance the ability of elementary and secondary schools to identify gifted and talented students, including low-income and at-risk students, and meet their special educational needs. The section also supports the National Research Center for the Education of
Gifted and Talented Children and Youth.
53 T his
53 This program is similar to the Investing in Innovation (i3) program authorized by the American Recovery and program is similar to the Investing in Innovation (i3) program authorized by the American Recovery and
Reinvestment Act (ARRA; P.L. 111-5). Reinvestment Act (ARRA; P.L. 111-5).
54 Congress used
54 Congress used
the T itle the Title V-D-1 authority to create the programs through the appropriations process. Neither program V-D-1 authority to create the programs through the appropriations process. Neither program
had statutory language includedhad statutory language included
in the ESEA prior to in the ESEA prior to
th ethe enactment of the ESSA. enactment of the ESSA.
T heThe authority previously included authority previously included
in T itle in Title V-D-1 that was used V-D-1 that was used
to create the programs was not retained by the ESSA.to create the programs was not retained by the ESSA.
55 Based55 Based
on recent grants made under Project SERV,on recent grants made under Project SERV,
eligible eligible entities that have been affected by natural disaster mayentities that have been affected by natural disaster may
also be ablealso be able
to receive a grant. For more information, see U.S. Department of Education, to receive a grant. For more information, see U.S. Department of Education,
Project School Em ergencyEmergency
Response to Violence (SERV): Eligibility, https://www2.ed.gov/programs/dvppserv/eligibility.html. , https://www2.ed.gov/programs/dvppserv/eligibility.html.
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accompanying support materials, and digital content to promote school readiness for preschool and elementary school children and their families through the Ready to Learn Programming program. Section 4644 authorizes the Javits Gifted and Talented Students Education Program, which provides grants to enhance the ability of elementary and secondary schools to identify gifted and talented students, including low-income and at-risk students, and meet their special educational needs. The section also supports the National Research Center for the Education of Gifted and Talented Children and Youth.
Title V: Flexibility and Accountability
Title V includes both funding transferability authority and programs to support rural education. Title V includes both funding transferability authority and programs to support rural education.
Funding transferability authority Funding transferability authority
al owsallows states and LEAs to transfer federal funds from certain states and LEAs to transfer federal funds from certain
ESEA programs to other ESEA programs to enable them to address their particular needs. The ESEA programs to other ESEA programs to enable them to address their particular needs. The
Rural Education Assistance Program (REAP) provides additional resources to rural LEAs that Rural Education Assistance Program (REAP) provides additional resources to rural LEAs that
might lack the resources to compete effectively for federal grants or might receive formula grant might lack the resources to compete effectively for federal grants or might receive formula grant
al ocationsallocations that are too that are too
smal small to meet their intended purposes. The two rural education programs to meet their intended purposes. The two rural education programs
included in Title V provide LEAs with substantial flexibilityincluded in Title V provide LEAs with substantial flexibility
in how they use their grant funds. in how they use their grant funds.
Part A: Funding Transferability for State and Local Educational
Agencies
Funding transferability for states and LEAs is included under Title V-A to provide states and Funding transferability for states and LEAs is included under Title V-A to provide states and
LEAs with the “flexibilityLEAs with the “flexibility
to target Federal funds to the programs and activities that most to target Federal funds to the programs and activities that most
effectively address”56 their “unique needs.”57 In general, states are able to transfer funds from effectively address”56 their “unique needs.”57 In general, states are able to transfer funds from
three formula grants programs that focus on teachers and school leaders, provide block grants, three formula grants programs that focus on teachers and school leaders, provide block grants,
and provide after-school programming to formula grant programs focused on special populations and provide after-school programming to formula grant programs focused on special populations
(i.e., disadvantaged students, migratory students, neglected and delinquent students, and ELs). (i.e., disadvantaged students, migratory students, neglected and delinquent students, and ELs).
More More
specifical yspecifically, states are permitted to transfer up to 100% of the funds , states are permitted to transfer up to 100% of the funds
al ottedallotted to them for to them for
state-level activities under Title II-A, Title IV-A, or Title IV-B to Title I-A, Title I-C, Title I-D, state-level activities under Title II-A, Title IV-A, or Title IV-B to Title I-A, Title I-C, Title I-D,
Title III-A, and one other ESEA program.58 Similarly, LEAs are also permitted to transfer funds Title III-A, and one other ESEA program.58 Similarly, LEAs are also permitted to transfer funds
from formula grant programs that focus on teachers and school leaders or provide block grants to from formula grant programs that focus on teachers and school leaders or provide block grants to
formula grant programs focused on special populations. More formula grant programs focused on special populations. More
specifical yspecifically, LEAs are permitted to , LEAs are permitted to
transfer 100% of the funds received under Title II-A or Title IV-A to Title I-A, Title I-C, Title I-D, transfer 100% of the funds received under Title II-A or Title IV-A to Title I-A, Title I-C, Title I-D,
Title III-A, and one other ESEA program.59 SEAs and LEAs are prohibited from transferring Title III-A, and one other ESEA program.59 SEAs and LEAs are prohibited from transferring
funds from Title I-A, Title I-C, Title I-D, Title III-A, and one other ESEA program to any other funds from Title I-A, Title I-C, Title I-D, Title III-A, and one other ESEA program to any other
program.60 program.60
56 Section 5102. 57 Ibid. 58 There is a provision that would allow funds to be transferred to “Part B,” but the provision does not specify the applicable title.
59 Ibid. 60 There is a provision that would allow funds to be transferred to “Part B,” but the provision does not specify the applicable title.
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Part B: Rural Education Initiative
Title V-B authorizes the Rural Education Achievement Program (REAP), which is designed to Title V-B authorizes the Rural Education Achievement Program (REAP), which is designed to
assist rural LEAs that may lack the resources to compete effectively for competitive grants and assist rural LEAs that may lack the resources to compete effectively for competitive grants and
that may receive grants under other ESEA programs that are too that may receive grants under other ESEA programs that are too
smal small to be effective in meeting to be effective in meeting
their specified purposes. their specified purposes.
Subpart 1 authorizes the
Subpart 1 authorizes the
Smal Small, Rural School Achievement (SRSA) program, which (1) provides , Rural School Achievement (SRSA) program, which (1) provides
eligibleeligible
rural LEAs with the flexibilityrural LEAs with the flexibility
to use funds received under Title II-A and Title IV-A to to use funds received under Title II-A and Title IV-A to
carry out local activities authorized under certain ESEA programs,61 and (2) authorizes a formula carry out local activities authorized under certain ESEA programs,61 and (2) authorizes a formula
grant program for rural LEAs under which funds received may be used under several other ESEA grant program for rural LEAs under which funds received may be used under several other ESEA
56 Section 5102. 57 Ibid. 58 T here is a provision that would allow funds to be transferred to “Part B,” but the provision does not specify the applicable title. 59 Ibid. 60 T here is a provision that would allow funds to be transferred to “Part B,” but the provision does not specify the applicable title.
61 T hese programs include T itle I-A, T itle II-A, T itle III, T itle IV-A, and T itle IV-B.
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programs.62 Eligibility programs.62 Eligibility for both the flexibilityfor both the flexibility
authority and the grant program is based on authority and the grant program is based on
c riteria
criteria such as average daily attendance or population density and locale codes.63such as average daily attendance or population density and locale codes.63
Subpart 2 authorizes the Rural and Low-Income School (RLIS) program, which provides formula
Subpart 2 authorizes the Rural and Low-Income School (RLIS) program, which provides formula
grants to states. SEAs then make subgrants to eligible LEAs by formula or competition as grants to states. SEAs then make subgrants to eligible LEAs by formula or competition as
determined by the SEA. LEA eligibilitydetermined by the SEA. LEA eligibility
criteria include a school-age child poverty rate of 20% or criteria include a school-age child poverty rate of 20% or
more and meeting certain locale requirements. Similar to the SRSA grants, RLIS grants may be more and meeting certain locale requirements. Similar to the SRSA grants, RLIS grants may be
used under several other ESEA programs64 or for parent involvement activities. LEAs cannot used under several other ESEA programs64 or for parent involvement activities. LEAs cannot
receive both an SRSA grant and a RLIS grant. An LEA that is eligiblereceive both an SRSA grant and a RLIS grant. An LEA that is eligible
for grants under both the for grants under both the
SRSA and RLIS programs must select the grant program under which it SRSA and RLIS programs must select the grant program under which it
wil will receive funds.receive funds.
Part C: General Provisions
Part C contains several prohibitions against federal control of educational curricula, academic Part C contains several prohibitions against federal control of educational curricula, academic
standards and assessments, or programs of instruction as a condition of receipt of funds under standards and assessments, or programs of instruction as a condition of receipt of funds under
Title V. It also states that nothing in Title V Title V. It also states that nothing in Title V
shal shall be construed to mandate equalized spending per be construed to mandate equalized spending per
pupil for a state, LEA, or school. pupil for a state, LEA, or school.
Title VI: Indian, Native Hawaiian, and Alaska
Native Education
Title VI provides funds Title VI provides funds
specifical yspecifically for the education of Indian, Native for the education of Indian, Native
Hawai anHawaiian, and Alaska , and Alaska
Native children.65 With respect to Indian education, the ESEA authorizes formula grants to LEAs, Native children.65 With respect to Indian education, the ESEA authorizes formula grants to LEAs,
Indian tribes and organizations, BIE schools, and other entities to support elementary and Indian tribes and organizations, BIE schools, and other entities to support elementary and
secondary school programs that meet the unique cultural, language, and educational needs of secondary school programs that meet the unique cultural, language, and educational needs of
Indian children. Funds are also provided for competitive grants to examine the effectiveness of Indian children. Funds are also provided for competitive grants to examine the effectiveness of
services for Indian children and to provide support and training for Indian individualsservices for Indian children and to provide support and training for Indian individuals
to work in to work in
various capacities in the education system. Title VI also authorizes competitive grants to various capacities in the education system. Title VI also authorizes competitive grants to
organizations with experience in operating Native organizations with experience in operating Native
Hawai anHawaiian programs to provide services to programs to provide services to
improve Native improve Native
Hawai anHawaiian education. A Native education. A Native
Hawai anHawaiian Education Council is also authorized Education Council is also authorized
under Title VI. In addition, Title VI authorizes competitive grants for activities and services under Title VI. In addition, Title VI authorizes competitive grants for activities and services
intended to improve education for Alaska Natives, such as the development of curricular
materials and professional development.
Part A: Indian Education
Subpart 1 authorizes formula grants to eligible LEAs, Indian tribes and organizations, BIE schools, and other entities to support the development of elementary and secondary school
programs for Indian students that are designed to meet the unique cultural, language, and educational needs of such students and ensure that al students meet their state’s chal enging academic standards. Grant al ocations are determined based on the number of eligible Indian
children served by the eligible entity and state average per pupil expenditures.
62 T hese programs include T itle I-A, T itle II-A, T itle III, T itle IV-A, and T itle IV-B. 63 Locale codes are used to define an area’s urbanicity. T he locale codes used for the purposes of the T itle V-B programs were established
61 These programs include Title I-A, Title II-A, Title III, Title IV-A, and Title IV-B. 62 These programs include Title I-A, Title II-A, Title III, Title IV-A, and Title IV-B. 63 Locale codes are used to define an area’s urbanicity. The locale codes used for the purposes of the Title V-B programs were established by the National Center for Education Statistics at ED. For more information about the locale by the National Center for Education Statistics at ED. For more information about the locale
codes, see https://nces.ed.gov/surveys/ruraled/definitions.asp. codes, see https://nces.ed.gov/surveys/ruraled/definitions.asp.
64
64
T heseThese programs include programs include
T itle I-A, T itle II-A, T itle III, and T itle IV-A. 65 T hese Title I-A, Title II-A, Title III, and Title IV-A. 65 These programs were previously authorized under programs were previously authorized under
T itleTitle VII of the ESEA. VII of the ESEA.
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intended to improve education for Alaska Natives, such as the development of curricular materials and professional development.
Part A: Indian Education Subpart 1 authorizes formula grants to eligible LEAs, Indian tribes and organizations, BIE schools, and other entities to support the development of elementary and secondary school programs for Indian students that are designed to meet the unique cultural, language, and educational needs of such students and ensure that all students meet their state’s challenging academic standards. Grant allocations are determined based on the number of eligible Indian children served by the eligible entity and state average per pupil expenditures.
Subpart 2, Special Programs and Projects to Improve Educational Opportunities for Indian Subpart 2, Special Programs and Projects to Improve Educational Opportunities for Indian
Children, authorizes two competitive grant programs: (1) Improvement of Educational Children, authorizes two competitive grant programs: (1) Improvement of Educational
Opportunities for Indian Children and Youth (Section 6121) and (2) Professional Development Opportunities for Indian Children and Youth (Section 6121) and (2) Professional Development
for Teachers and Education Professionals (Section 6122). The former supports projects to for Teachers and Education Professionals (Section 6122). The former supports projects to
develop, examine, and demonstrate the effectiveness of services and programs to improve develop, examine, and demonstrate the effectiveness of services and programs to improve
educational opportunities and achievement of Indian children and youth. The latter focuses on educational opportunities and achievement of Indian children and youth. The latter focuses on
efforts such as providing support and training to qualified Indian individuals to become effective efforts such as providing support and training to qualified Indian individuals to become effective
teachers, school leaders, and administrators. teachers, school leaders, and administrators.
Subpart 3, National Activities, authorizes funds for a variety of purposes including research,
Subpart 3, National Activities, authorizes funds for a variety of purposes including research,
evaluation, and data collection and analysis. It also authorizes Grants to Tribes for Education evaluation, and data collection and analysis. It also authorizes Grants to Tribes for Education
AdministrativeAdministrative
Planning, Development, and Coordination (Section 6132), as Planning, Development, and Coordination (Section 6132), as
wel well as for Native as for Native
American and Alaska Native Language Immersion Schools and Programs (Section 6133). American and Alaska Native Language Immersion Schools and Programs (Section 6133).
Subpart 4 establishes the National Advisory Council on Indian Education (NACIE; Section 6141)
Subpart 4 establishes the National Advisory Council on Indian Education (NACIE; Section 6141)
and authorizes a preference for Indian entities under programs authorized by Subparts 2 and 3. and authorizes a preference for Indian entities under programs authorized by Subparts 2 and 3.
Part B: Native Hawaiian Education
Part B authorizes competitive grants to Native Part B authorizes competitive grants to Native
Hawai anHawaiian educational or community-based educational or community-based
organizations, charter schools, or other public or private nonprofit organizations with experience organizations, charter schools, or other public or private nonprofit organizations with experience
in operating Native in operating Native
Hawai anHawaiian programs, or consortia of these entities, to provide a wide variety of programs, or consortia of these entities, to provide a wide variety of
services intended to improve education for Native services intended to improve education for Native
Hawai ansHawaiians. In the awarding of grants, priority . In the awarding of grants, priority
is to be given to activities that are intended to improve reading is to be given to activities that are intended to improve reading
skil sskills for Native for Native
Hawai anHawaiian students in grades K-3, meet the needs of at-risk children and youth, increase participation by students in grades K-3, meet the needs of at-risk children and youth, increase participation by
Native Native
Hawai ansHawaiians in fields or disciplines in which they are underemployed, or increase the use of in fields or disciplines in which they are underemployed, or increase the use of
the the
Hawai anHawaiian language in instruction. language in instruction.
Specifical ySpecifically authorized activities include early childhood authorized activities include early childhood
education and care, services for Native education and care, services for Native
Hawai anHawaiian students with disabilities, and professional students with disabilities, and professional
development for educators. Title VI-B also establishes a Native development for educators. Title VI-B also establishes a Native
Hawai anHawaiian Education Council, Education Council,
which provides coordination activities, technical assistance, and community consultations related which provides coordination activities, technical assistance, and community consultations related
to the educational needs of Native to the educational needs of Native
Hawai ansHawaiians. .
Part C: Alaska Native Education
Part C authorizes competitive grants for a variety of activities and services intended to improve Part C authorizes competitive grants for a variety of activities and services intended to improve
education for Alaska Natives. Eligibleeducation for Alaska Natives. Eligible
grantees include Alaska Native organizations with relevant grantees include Alaska Native organizations with relevant
experience, Alaska Native organizations that lack relevant experience and partner with an SEA, experience, Alaska Native organizations that lack relevant experience and partner with an SEA,
LEA, or Alaska Native organization operating relevant programs; or an entity located in Alaska LEA, or Alaska Native organization operating relevant programs; or an entity located in Alaska
that is predominantly governed by Alaska Natives and meets other specified criteria. Authorized that is predominantly governed by Alaska Natives and meets other specified criteria. Authorized
uses of funds include, for example, the development of curriculum materials that address the uses of funds include, for example, the development of curriculum materials that address the
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special needs of Alaska Native students, training and professional development, early childhood special needs of Alaska Native students, training and professional development, early childhood
and parenting activities, and career preparation activities. and parenting activities, and career preparation activities.
Title VII: Impact Aid
Title VII compensates LEAs for the “substantial and continuing financial burden” resulting from Title VII compensates LEAs for the “substantial and continuing financial burden” resulting from
federal activities.66 These activities include federal ownership of certain lands, as federal activities.66 These activities include federal ownership of certain lands, as
wel well as the as the
enrollments in LEAs of children of parents who work and/or live on federal land (e.g., children of enrollments in LEAs of children of parents who work and/or live on federal land (e.g., children of
parents in the military and children livingparents in the military and children living
on Indian lands). The federal government provides on Indian lands). The federal government provides
66 Impact Aid was previously authorized under ESEA, T itle VIII.
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compensation via Impact Aid for lost tax revenue because these activities deprive LEAs of the compensation via Impact Aid for lost tax revenue because these activities deprive LEAs of the
abilityability
to collect property or other taxes from these individuals (e.g., members of the Armed to collect property or other taxes from these individuals (e.g., members of the Armed
Forces living on military bases) even though the LEAs are obligated to provide free public Forces living on military bases) even though the LEAs are obligated to provide free public
education to their children. education to their children.
Title VII authorizes several types of Impact Aid payments. These include payments under Section
Title VII authorizes several types of Impact Aid payments. These include payments under Section
7002, Section 7003, Section 7007, and Section 7008, which are discussed briefly below.67 7002, Section 7003, Section 7007, and Section 7008, which are discussed briefly below.67
Payments Relating to Federal Acquisition of Real Property (Section 7002). Section 7002 Section 7002
compensates LEAs for the federal ownership of certain property. To qualify for compensation, the compensates LEAs for the federal ownership of certain property. To qualify for compensation, the
federal government must have acquired the property, in general, after 1938 and the assessed value federal government must have acquired the property, in general, after 1938 and the assessed value
of the land at the time it was acquired must have represented at least 10% of the assessed value of of the land at the time it was acquired must have represented at least 10% of the assessed value of
al all real property within an LEA’s area of service. real property within an LEA’s area of service.
Payments for Eligible Federally Connected Children (Basic Support Payments, Section
7003). Section 7003 compensates LEAs for enrolling “ Section 7003 compensates LEAs for enrolling “
federal yfederally connected” children. These are connected” children. These are
children who reside with a parent who is a member of the uniformed services living on or off children who reside with a parent who is a member of the uniformed services living on or off
federal property, reside with a parent who is an accredited foreign military officer living on or off federal property, reside with a parent who is an accredited foreign military officer living on or off
federal property, reside on Indian lands, reside in low-rent public housing, or reside with a parent federal property, reside on Indian lands, reside in low-rent public housing, or reside with a parent
who is a civilianwho is a civilian
working and/or living on federal land. working and/or living on federal land.
Two payments are made under Section 7003. Section 7003(b) authorizes “basic support
Two payments are made under Section 7003. Section 7003(b) authorizes “basic support
payments” for payments” for
federal yfederally connected children. Basic support payments are connected children. Basic support payments are
al ocatedallocated directly to directly to
LEAs by ED based on a formula that uses weights assigned to different categories of LEAs by ED based on a formula that uses weights assigned to different categories of
federal yfederally connected children and cost factors to determine maximum payment amounts. Section 7003(d) connected children and cost factors to determine maximum payment amounts. Section 7003(d)
authorizes additional payments to LEAs based on the number of certain children with disabilities authorizes additional payments to LEAs based on the number of certain children with disabilities
who are eligiblewho are eligible
to receive services under the Individuals with Disabilitiesto receive services under the Individuals with Disabilities
Education Act Education Act
(IDEA).68 Payments are limited to IDEA-eligible(IDEA).68 Payments are limited to IDEA-eligible
children whose parents are members of the children whose parents are members of the
uniformed services (residing on or off federal property) and those residing on Indian lands. uniformed services (residing on or off federal property) and those residing on Indian lands.
Construction (Section 7007). Section 7007 provides funds for construction and facilities Section 7007 provides funds for construction and facilities
upgrading to certain LEAs with high percentages of children living on Indian lands or children of upgrading to certain LEAs with high percentages of children living on Indian lands or children of
military parents. These funds are used to make formula and competitive grants. military parents. These funds are used to make formula and competitive grants.
Facilities Maintenance (Section 7008). Section 7008 provides funds for emergency repairs and Section 7008 provides funds for emergency repairs and
comprehensive capital improvements at schools that ED currently owns but LEAs use to serve comprehensive capital improvements at schools that ED currently owns but LEAs use to serve
federal yfederally connected military dependent children.
66 Impact Aid was previously authorized under ESEA, Title VIII. 67 Other significant Impact Aid provisions include Section 7004, which details policies regarding children residing connected military dependent children.
Title VIII: General Provisions
Part A: Definitions
Part A (Section 8101) provides definitions of a variety of terms used frequently throughout the ESEA, such as “local educational agency,” “state educational agency,” “evidence-based,” “four-year adjusted cohort graduation rate,” “professional development,” “state,” and “wel -rounded
education.”
67 Other significant Impact Aid provisions include Section 7004, which details policies regarding children residing on on
Indian lands, and Section 7009, which prohibits states from consideringIndian lands, and Section 7009, which prohibits states from considering
Impact Aid payments in determining state aid Impact Aid payments in determining state aid
to LEAs unlessto LEAs unless
the state has an approved program to equalize expenditures among LEAs.the state has an approved program to equalize expenditures among LEAs.
68 For more information about IDEA, see CRS68 For more information about IDEA, see CRS
Report R41833, Report R41833,
The Individuals with Disabilities Education Act (IDEA),
Part B: Key Statutory and Regulatory Provisions. .
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Title VIII: General Provisions
Part A: Definitions Part A (Section 8101) provides definitions of a variety of terms used frequently throughout the ESEA, such as “local educational agency,” “state educational agency,” “evidence-based,” “four-year adjusted cohort graduation rate,” “professional development,” “state,” and “well-rounded education.”
Part B: Flexibility in the Use of Administrative and Other Funds
Part B authorizes SEAs and LEAs to consolidate and jointlyPart B authorizes SEAs and LEAs to consolidate and jointly
use funds available for use funds available for
administration under multiple ESEA programs. In order to qualify for this flexibility, SEAs must administration under multiple ESEA programs. In order to qualify for this flexibility, SEAs must
demonstrate that a majority of their resources are provided from nonfederal sources. LEAs need demonstrate that a majority of their resources are provided from nonfederal sources. LEAs need
SEA approval to consolidate their funds. Part B also authorizes the consolidation of funds set SEA approval to consolidate their funds. Part B also authorizes the consolidation of funds set
aside for the Department of the Interior under various ESEA programs and the aside for the Department of the Interior under various ESEA programs and the
Mc KinneyMcKinney-Vento -Vento
Homeless Education program.69 Homeless Education program.69
Part C: Coordination of Programs, Consolidated State and Local
Plans and Applications
Part C authorizes SEAs and LEAs to prepare single, consolidated plans and reports for Part C authorizes SEAs and LEAs to prepare single, consolidated plans and reports for
al all “covered” ESEA programs. In general, the covered programs70 are the ESEA formula grant “covered” ESEA programs. In general, the covered programs70 are the ESEA formula grant
programs administered via SEAs.programs administered via SEAs.
Part D: Waivers
Under this provision, the Secretary is authorized to waive most statutory and regulatory Under this provision, the Secretary is authorized to waive most statutory and regulatory
requirements associated with any program authorized by the ESEA,71 if requirements associated with any program authorized by the ESEA,71 if
specifical yspecifically requested by requested by
an SEA or Indian tribe. LEAs may submit waiver requests through their SEA. The SEA may then an SEA or Indian tribe. LEAs may submit waiver requests through their SEA. The SEA may then
submit the request to the Secretary if it approves the waiver. Schools must submit their waiver submit the request to the Secretary if it approves the waiver. Schools must submit their waiver
requests to their LEAs, which in turn submit those requests to the SEA. requests to their LEAs, which in turn submit those requests to the SEA.
Part E: Approval and Disapproval of State Plans and Local
Applications
Part E includes provisions related to secretarial approval of state ESEA plans and SEA approval Part E includes provisions related to secretarial approval of state ESEA plans and SEA approval
of LEA plans. In both cases, the Secretary and the SEA, respectively, have 120 days from the day of LEA plans. In both cases, the Secretary and the SEA, respectively, have 120 days from the day
the plan was submitted to make a written determination that the submitted plan does not comply the plan was submitted to make a written determination that the submitted plan does not comply
with relevant requirements. If such a determination is made, among other actions, the state or with relevant requirements. If such a determination is made, among other actions, the state or
LEA must be notified immediately of the determination, provided with a detailed description of LEA must be notified immediately of the determination, provided with a detailed description of
the specific plan provisions that failed to meet the requirements, offered an opportunity to revise the specific plan provisions that failed to meet the requirements, offered an opportunity to revise
and resubmit the plan within 45 days of the determination being made, provided technical assistance upon request (from the Secretary or SEA, respectively), and provided with a hearing
within 30 days of the plans resubmission.
Part F: Uniform Provisions
Subpart 1 contains provisions for the participation of private school students and staff in those ESEA programs where such participation is authorized.72 Under the relevant ESEA programs,
69 For more information about the McKinney-Vento Homeless Education program, see CRS69 For more information about the McKinney-Vento Homeless Education program, see CRS
Report RL30442, Report RL30442,
Hom elessnessHomelessness: Targeted Federal Program s.
70 T hese include T itle I-A, T itle I-C, T itle I-D, T itle II-A, T itle III-A, Title IV-A, T itle IV-B, and T itle V-B-2. 71 T hePrograms.
70 These include Title I-A, Title I-C, Title I-D, Title II-A, Title III-A, Title IV-A, Title IV-B, and Title V-B-2. 71 The Secretary is prohibited from waiving Secretary is prohibited from waiving
certain statutory or regulatory requirements. For example, the certain statutory or regulatory requirements. For example, the
Secreta rySecretary may not waive requirements related to the allocation or distribution of ESEA fundsmay not waive requirements related to the allocation or distribution of ESEA funds
or requirements related to parental or requirements related to parental
participation and involvement. participation and involvement.
72 T he Section 8501 private school student and staff participation requirements apply to T itle I -C, T itle II-D, T itle III-
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and resubmit the plan within 45 days of the determination being made, provided technical assistance upon request (from the Secretary or SEA, respectively), and provided with a hearing within 30 days of the plans resubmission.
Part F: Uniform Provisions Subpart 1 contains provisions for the participation of private school students and staff in those ESEA programs where such participation is authorized.72 Under the relevant ESEA programs, services provided to private school students or staff are to be equitable in relation to the number services provided to private school students or staff are to be equitable in relation to the number
of such students or staff eligible for each program; secular, neutral, and non-ideological, with no of such students or staff eligible for each program; secular, neutral, and non-ideological, with no
funds to be used for religious worship or instruction; and developed through consultation between funds to be used for religious worship or instruction; and developed through consultation between
public and private school officials. Provision is made for bypassing SEAs and LEAs that cannot public and private school officials. Provision is made for bypassing SEAs and LEAs that cannot
or have not provided equitable services to private school students or staff, and serving private or have not provided equitable services to private school students or staff, and serving private
school students and staff in these areas through neutral, third-party organizations. Provision is school students and staff in these areas through neutral, third-party organizations. Provision is
also made for the submission of complaints regarding implementation of these requirements. also made for the submission of complaints regarding implementation of these requirements.
Subpart 1 also prohibits federal control of private or homeschools, or the application of any ESEA Subpart 1 also prohibits federal control of private or homeschools, or the application of any ESEA
requirement to any private school that does not receive funds or services under any ESEA requirement to any private school that does not receive funds or services under any ESEA
program. It also states that no ESEA provisions apply to homeschools.73 program. It also states that no ESEA provisions apply to homeschools.73
Subpart 2 contains a wide range of provisions, including the following: Subpart 2 contains a wide range of provisions, including the following:
a general definition of “maintenance of effort,” as applied in several ESEA
a general definition of “maintenance of effort,” as applied in several ESEA
programs (Section 8521);
programs (Section 8521);
a requirement that ED publish guidance on prayer in public schools, and a
a requirement that ED publish guidance on prayer in public schools, and a
requirement that LEAs receiving ESEA funds certify to their SEAs that they do
requirement that LEAs receiving ESEA funds certify to their SEAs that they do
not limit the exercise of “not limit the exercise of “
constitutional yconstitutionally protected prayer”74 in public schools protected prayer”74 in public schools
(Section 8524); (Section 8524);
a requirement that recipient SEAs, LEAs, and public schools have a “designated
a requirement that recipient SEAs, LEAs, and public schools have a “designated
open forum”75 to provide equal access to the Boy Scouts (Section 8525);
open forum”75 to provide equal access to the Boy Scouts (Section 8525);
a prohibition on the use of ESEA funds to “promote or encourage sexual activity
a prohibition on the use of ESEA funds to “promote or encourage sexual activity
(Section 8526)”;
(Section 8526)”;
a prohibition on federal control of educational curricula, content or achievement
a prohibition on federal control of educational curricula, content or achievement
standards, building standards, or
standards, building standards, or
al ocationallocation of resources (Section 8526A and of resources (Section 8526A and
Section 8527); Section 8527);
a requirement that LEAs receiving funds under any ED program provide to the
a requirement that LEAs receiving funds under any ED program provide to the
armed services access to directory information on secondary school students,
armed services access to directory information on secondary school students,
unless students or their parents request that such information not be released76 unless students or their parents request that such information not be released76
(Section 8528); (Section 8528);
a prohibition on federal y sponsored testing of students or teachers, with some
exceptions (Section 8529);77
an “Unsafe School Choice Option” under which students in states receiving
ESEA funds who attend a “persistently dangerous” public school,78 or who are victims of violent crime at school, are to be offered the opportunity to transfer to a “safe” public school (Section 8532);
A, T itle IV-A, T itle
72 The Section 8501 private school student and staff participation requirements apply to Title I-C, Title II-D, Title III-A, Title IV-A, Title IV-B, and Section 4631 with respect to Project SERV. IV-B, and Section 4631 with respect to Project SERV.
T itleTitle I-A has separate, detailed private I-A has separate, detailed private
school student andschool student and
staff participation provisions. The Supporting Highstaff participation provisions. The Supporting High
-Ability Learners and Learning program (Section -Ability Learners and Learning program (Section
4644) also has separate private school student and teacher participation provisions.4644) also has separate private school student and teacher participation provisions.
73
73
T hisThis provision applies to all homeschools, regardless provision applies to all homeschools, regardless
of whether a homeschool is considered a private school under of whether a homeschool is considered a private school under
state law. state law.
74 Section 8524(a).
74 Section 8524(a).
75 Section 8525(b)(1). 75 Section 8525(b)(1).
76 76
T hisThis provision does not apply to certain religiously affiliated private schools (Section 8527(c)). provision does not apply to certain religiously affiliated private schools (Section 8527(c)).
77 For example, NAEP is an exception to this prohibition (Section 8529(b)). 78 Each state defines what constitutes a “persistently dangerous school” for its public schools.
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a prohibition on federally sponsored testing of students or teachers, with some
exceptions (Section 8529);77
an “Unsafe School Choice Option” under which students in states receiving
ESEA funds who attend a “persistently dangerous” public school,78 or who are victims of violent crime at school, are to be offered the opportunity to transfer to a “safe” public school (Section 8532);
a requirement related to the transfer of school disciplinary records (Section
a requirement related to the transfer of school disciplinary records (Section
8537);
8537);
a requirement related to consultation between LEAs and Indian tribes and tribal
a requirement related to consultation between LEAs and Indian tribes and tribal
organizations (Section 8538);
organizations (Section 8538);
a requirement that ED provide outreach and technical assistance to rural LEAs
a requirement that ED provide outreach and technical assistance to rural LEAs
(Section 8539); and
(Section 8539); and
a prohibition related to the aiding and abetting of sex abuse (Section 8546).
a prohibition related to the aiding and abetting of sex abuse (Section 8546).
Subpart 3 includes teacher liability
Subpart 3 includes teacher liability
protection. This subpart provides limitations on liabilityprotection. This subpart provides limitations on liability
for for
teachers in school for harm caused by an act or omission of the teacher on behalf of the school if teachers in school for harm caused by an act or omission of the teacher on behalf of the school if
certain conditions (e.g., the teacher was acting within the scope of his or her employment) are certain conditions (e.g., the teacher was acting within the scope of his or her employment) are
met.met.
Subpart 4 contains gun-free requirements. Each state receiving funds under the ESEA must have
Subpart 4 contains gun-free requirements. Each state receiving funds under the ESEA must have
a state law that requires LEAs to expel for at least one year any student who is determined to have a state law that requires LEAs to expel for at least one year any student who is determined to have
brought a firearm to a school or possessed a firearm at a school under the jurisdiction of an LEA brought a firearm to a school or possessed a firearm at a school under the jurisdiction of an LEA
in the state. The chief administering officer of the LEA may modify this requirement on a case-in the state. The chief administering officer of the LEA may modify this requirement on a case-
by-case basis. In addition, no LEA may receive funds unless it has a policy requiring that any by-case basis. In addition, no LEA may receive funds unless it has a policy requiring that any
student who brings a firearm or weapon to a school served by the LEA is referred to the criminal student who brings a firearm or weapon to a school served by the LEA is referred to the criminal
justice or juvenilejustice or juvenile
delinquency system. delinquency system.
Subpart 5 prohibits smoking within indoor facilities providing kindergarten, elementary, or
Subpart 5 prohibits smoking within indoor facilities providing kindergarten, elementary, or
secondary education or library services to children, if the services are funded directly or indirectly secondary education or library services to children, if the services are funded directly or indirectly
by the federal government, or the facility is constructed, operated, or maintained using federal by the federal government, or the facility is constructed, operated, or maintained using federal
funds. funds.
Part G: Evaluations
Part G authorizes ED to reserve 0.5% of the funds appropriated for ESEA programs, other than Part G authorizes ED to reserve 0.5% of the funds appropriated for ESEA programs, other than
Titles I, for program evaluations79 if funds for this purpose are not separately authorized. Titles I, for program evaluations79 if funds for this purpose are not separately authorized.
Appropriations and Authorizations of
Appropriations for Programs Authorized by
the ESEA
Appropriations included in Table 1 provides appropriations for ESEA programs for FY2017 through FY2022. The appropriations included in Table 1 are based on the most recent data available from ED’s Budget are based on the most recent data available from ED’s Budget
Service Office. The amounts shown reflect any reprogramming or transfers of funds done by ED Service Office. The amounts shown reflect any reprogramming or transfers of funds done by ED
77 For example, NAEP is an exception to this prohibition (Section 8529(b)). 78 Each state defines what constitutes a “persistently dangerous school” for its public schools. 79 Section 1002 includes a separate authorization of appropriations for evaluations of Title I.
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as of the time this table was prepared to provide the actual level of funding as of the time this table was prepared to provide the actual level of funding
al ocatedallocated to each to each
program/activity. This list of “programs/activities” does not take into account the number of program/activity. This list of “programs/activities” does not take into account the number of
programs, projects, or activities that may be funded under a single line-item appropriation, so the programs, projects, or activities that may be funded under a single line-item appropriation, so the
actual number of ESEA programs, projects, or activities being supported through appropriations actual number of ESEA programs, projects, or activities being supported through appropriations
is not shown. It should be noted that ED considers is not shown. It should be noted that ED considers
al all of the funds provided in an appropriations of the funds provided in an appropriations
act for a given fiscal year, including advance appropriations provided for the following fiscal act for a given fiscal year, including advance appropriations provided for the following fiscal
year, to be appropriations for the given fiscal year. For example, for the purposes of year, to be appropriations for the given fiscal year. For example, for the purposes of
appropriations, ED considers appropriations, ED considers
al all of the funds provided in the FY2020 appropriations act, of the funds provided in the FY2020 appropriations act,
including advance appropriations provided in FY2021, to be FY2020 appropriations.including advance appropriations provided in FY2021, to be FY2020 appropriations.
79 Section 1002 includes a separate authorization of appropriations for evaluations of T itle I.
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Table 2 provides ESEA appropriations for FY2016 and FY2017 to depict the transition from the provides ESEA appropriations for FY2016 and FY2017 to depict the transition from the
ESEA as amended by the NCLBESEA as amended by the NCLB
to the ESEA as amended by the ESSA. Programs authorized to the ESEA as amended by the ESSA. Programs authorized
under the ESEA as amended by either the NCLB or the ESSA are included. Programs and under the ESEA as amended by either the NCLB or the ESSA are included. Programs and
activities are referred to by their names in the ESEA as amended by the ESSA if a program was in activities are referred to by their names in the ESEA as amended by the ESSA if a program was in
both the ESEA as amended by the ESSA and by the NCLB. If the program had a different name both the ESEA as amended by the ESSA and by the NCLB. If the program had a different name
in the ESEA as amended by the NCLB, the name is included in parentheses. Programs are listed in the ESEA as amended by the NCLB, the name is included in parentheses. Programs are listed
in the order in which they appear in the ESEA as amended by the ESSA if they also appeared in in the order in which they appear in the ESEA as amended by the ESSA if they also appeared in
the ESEA as amended by the NCLB. For programs that appear in only the ESEA as amended by the ESEA as amended by the NCLB. For programs that appear in only the ESEA as amended by
either the ESSA or the NCLB, programs are listed in the order they appear or appeared in law. For either the ESSA or the NCLB, programs are listed in the order they appear or appeared in law. For
some programs that were funded in FY2016 but not in FY2017, it is possible that another some programs that were funded in FY2016 but not in FY2017, it is possible that another
program authorized in FY2017 provided funding for similar purposes. For example, the program authorized in FY2017 provided funding for similar purposes. For example, the
Elementary and Secondary School Counseling program was funded in FY2016 but not in Elementary and Secondary School Counseling program was funded in FY2016 but not in
FY2017. School counseling activities are an FY2017. School counseling activities are an
al owableallowable use of funds under the SSAE program use of funds under the SSAE program
created under the ESSA. The same methodology as discussed above was used in determining created under the ESSA. The same methodology as discussed above was used in determining
appropriations amounts for each program. appropriations amounts for each program.
Table 3 provides the authorized level of appropriations for each program included in the ESEA provides the authorized level of appropriations for each program included in the ESEA
that has a specified authorization of appropriations. The ESEA includes authorizations of that has a specified authorization of appropriations. The ESEA includes authorizations of
appropriations for FY2017 through appropriations for FY2017 through
FY2020FY2021.80 .80
Table 1. ESEA Appropriations, FY2017-FY2020
(Dol arsFY2022
(Dollars in thousands) in thousands)
ESEA
Program/Activity
FY2017
FY2018
FY2019
FY2020
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
ESEA
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Program/Activity
Citation
Appropriations
Appropriations
Appropriations
Appropriations
Grants to Local Educational Agenciestions
tions
tions
tions
tions
tions
Grants to Local
Title I-A
Title I-A
$15,459,802
$15,459,802
$15,759,802
$15,759,802
$15,859,802
$15,859,802
$16,309,802
$16,309,802
(LEAs)
Grants for State Assessments and
Title I-B
$369,100
$378,000
$378,000
$378,000
Enhanced Assessment Instruments (State Assessment Grants)
Education of Migratory Children
Title I-C
$374,751
$374,751
$374,751
$374,751
(Migrant Education)
Prevention and Intervention Programs
Title I-D
$47,614
$47,614
$47,614
$47,614
for $16,536,802
$17,536,802
Educational Agencies (LEAs)
80 The General Education Provisions Act (GEPA) automatically extended the authorizations of appropriations for programs administered by ED for an additional fiscal year as Congress did not act to extend or repeal the authorizations of appropriations by the regular session that ended prior to the start of FY2020 (20 U.S.C. §1126a). The amount authorized to be appropriated for the period of the automatic extension is required to be the same amount authorized to be appropriated for a program for the terminal fiscal year of the program. Thus, the authorization of appropriations for FY2021 for ESEA programs was identical to the authorization of appropriations for FY2020. For FY2022 and subsequent years, the authorization of appropriations for ESEA programs has expired; however, the programs may continue to receive appropriations through the appropriations process.
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FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
ESEA
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Program/Activity
Citation
tions
tions
tions
tions
tions
tions
Grants for State
Title I-B
$369,100
$378,000
$378,000
$378,000
$378,000
$390,000
Assessments and Enhanced Assessment Instruments (State Assessment Grants)
Education of
Title I-C
$374,751
$374,751
$374,751
$374,751
$375,626
$375,626
Migratory Children (Migrant Education)
Prevention and
Title I-D
$47,614
$47,614
$47,614
$47,614
$48,239
$48,239
Intervention Programs for Children and Youth
Children and Youth Who Are Who Are
Neglected, Delinquent, or At-Risk Neglected, Delinquent, or At-Risk
(Neglected and Delinquent) (Neglected and Delinquent)
Supporting Effective
Supporting Effective
Instruction
Title II-A
Title II-A
$2,055,830
$2,055,830
$2,055,830
$2,055,830
$2,055,830
$2,055,830
$2,131,830
$2,131,830
$2,143,080
$2,170,080
Instruction
Teacher and School
Teacher and School
Leader Incentive
Title II-B-1
Title II-B-1
$200,000
$200,000
$200,000
$200,000
$200,000
$200,000
$200,000
$200,000
$200,000
$173,000
Leader Incentive Fund Fund
Comprehensive
Comprehensive
State Literacy
Title II-B-2
Title II-B-2
(Section
$190,000
$190,000
$190,000
$190,000
$
$
190192,000 ,000
$
$
190192,000 ,000
$192,000
$192,000
State Literacy
(Section
Development
2222)
Grants
Innovative
Title II-B-2
$27,000 Development Grants
2222)
Innovative Approaches to Literacy
Title II-B-2 (Section
$27,000
$27,000
$27,000
$27,000
2226)
80 T he General Education Provisions Act (GEPA) automatically extends the authorizations of appropriations for these programs for an additional fiscal year if Congress has not acted to extend or repeal the authorizations of appropriations by the regular session that ends prior to the start of FY2020 (20 U.S.C. 1126a).
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link to page 30 The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA
Program/Activity
FY2017
FY2018
FY2019
FY2020
Program/Activity
Citation
Appropriations
Appropriations
Appropriations
Appropriations
American History and Civics
Title II-B-3
$3,515
$27,000
$27,000
$27,000
$28,000
$29,000
Approaches to
(Section
Literacy
2226)
American History
Title II-B-3
$3,515
$3,515
$4,815
$4,815
$5,250
$7,750
and Civics
(Sections
$3,515
$4,815
$4,815
EducatioEducatio
na
(Sections 2232 and 2232 and
2233)2233)
Supporting Effective
Supporting Effective
Educator
Title II-B-4
Title II-B-4
(Section
$65,000
$65,000
$75,000
$75,000
$75,000
$75,000
$80,000
$80,000
Development (SEED)
2242)
School Leader Recruitment and
Title II-B-4 (Section
$14,500
$0
$0
$0
Support
2243)
STEM Master Teacher Corps
Title II-B-4 (Section
$0
$0
$0
$0
2245)
English Language Acquisition
Title III-A
$737,400
$737,400
$737,400
$787,400
Student Support and Academic
Title IV-A
$400,000
$1,100,000
$1,170,000
$1,210,000
Enrichment Grants
21st Century Community Learning
Title IV-B
$1,191,673
$1,211,673
$1,221,673
$1,249,673
Centers
Charter Schools Program
Title IV-C
$342,172
$400,000
$440,000
$440,000
Magnet Schools Assistance Program
Title IV-D
$97,647
$105,000
$107,000
$107,000
Family Engagement in Education
Title IV-E
$0
$10,000
$10,000
$10,000
Education Innovation and Research
Title IV-F-1
$100,000
$120,000
$130,000
$190,000
Promise Neighborhoods
Title IV-F-2 (Section
$73,254
$78,254
$78,254
$80,000
4624)
Ful -Service Community Schools
Title IV-F-2 (Section
$10,000
$17,500
$17,500
$25,000
4625)
National Activities for School Safety
Title IV-F-3
$68,000
$90,000
$95,000
$105,000
Assistance for Arts Education
Title IV-F-4 (Section
$27,000
$29,000
$29,000
$30,000
Program
4642)
Ready to Learn Programming
Title IV-F-4 (Section
$25,741
$27,741
$27,741
$29,000
4643)
Javits Gifted and Talented Education
Title IV-F-4 (Section
$12,000
$12,000
$12,000
$13,000
4644)
Smal , Rural School Achievement
Title V-B-1
$87,920
$90,420
$90,420
$92,920
Program
Rural and Low-Income School
Title V-B-2
$87,920
$90,420
$90,420
$92,920
Program
Indian Education, Formula Grants to
Title VI-A-1
$100,381
$105,381
$105,381
$105,381
LEAs
Special Programs and Projects to
Title VI-A-2
$57,993
$67,993
$67,993
$67,993
Improve Educational Opportunities for Indian Children
Indian Education, National Activities
Title VI-A-3
$6,565
$6,865
$6,865
$7,365
Native Hawai an Education
Title VI-B
$33,397
$36,397
$36,397
$36,897
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA
Program/Activity
FY2017
FY2018
FY2019
FY2020
Program/Activity
Citation
Appropriations
Appropriations
Appropriations
Appropriations
Alaska Native Education
Title VI-C
$32,453
$35,453
$35,453
$35,953
Impact Aid, Payments Relating to
Title VII (Section
$68,813
$73,313
$74,313
$75,313
Federal Acquisition of Real Property
7002)
Impact Aid, Payments for Eligible
Title VII
$1,189,233
$1,270,242
$1,301,242
$1,340,242
Federal y Connected Children (Basic
(Section 7003(b))
Support Payments)
Impact Aid, Payments for Eligible
Title VII
$48,316
$48,316
$48,316
$48,316
Federal y Connected Children
(Section 7003(d))
(Payments for Children with Disabilities)
Impact Aid, Construction
Title VII (Section
$17,406
$17,406
$17,406
$17,406
7007)
Impact Aid, Facilities Maintenance
Title VII (Section
$4,835
$4,835
$4,835
$4,835
7008)
TOTAL
—
$23,627,231
$24,897,121
$25,167,421
$25,950,426
Source: Table prepared by CRS based on appropriations tables from the U.S. Department of Education, Budget Service, various years. a. With respect to American History and Civics Education, under Section 2232 funds are used to support
Presidential and Congressional Academies for American History and Civics. Under Section 2233, funds are used to support National Activities. Based on ED, Budget Service, Justification of Appropriations Estimates to Congress, various years, appropriations have been provided as fol ows: FY2017 and FY2018: $1,815,000 (Section 2232) and $1,700,000 (Section 2233); FY2019 and FY2020: $1,815,000 (Section 2232) and $3,000,000 (Section 2233).
Table 2. ESEA Program Authorizations Based on the No Child Left Behind Act
(NCLB) and the Every Student Succeeds Act (ESSA): FY2016 and FY2017
(Dol ars in thousands)
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
School Improvement
Title I, Section
—
$450,000
na
Grants
1003(g)
Grants to Local
Title I-A
Title I-A
$14,909,802
$15,459,802
Educational Agencies (LEAs)
Grants for State
Title VI-A-1
Title I-B
$378,000
$369,100
Assessments and
(Sections 6111 and
Enhanced Assessment
6112))
Instruments (State Assessment Grants)
Reading First
Title I-B-1
—
$0
na
Early Reading First
Title I-B-2
—
$0
na
Even Start
Title I-B-3
—
$0
na
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ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations$80,000
$85,000
Educator
(Section
Development
2242)
(SEED)
School Leader
Title II-B-4
$14,500
$0
$0
$0
$0
$0
Recruitment and
(Section
Support
2243)
STEM Master
Title II-B-4
$0
$0
$0
$0
$0
$0
Teacher Corps
(Section 2245)
English Language
Title III-A
$737,400
$737,400
$737,400
$787,400
$797,400
$831,400
Acquisition
Student Support
Title IV-A
$400,000
$1,100,000
$1,170,000
$1,210,000
$1,220,000
$1,280,000
and Academic Enrichment Grants
Congressional Research Service
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
ESEA
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Program/Activity
Citation
tions
tions
tions
tions
tions
tions
21st Century
Title IV-B
$1,191,673
$1,211,673
$1,221,673
$1,249,673
$1,259,673
$1,289,673
Community Learning Centers
Charter Schools
Title IV-C
$342,172
$400,000
$440,000
$440,000
$440,000
$440,000
Program
Magnet Schools
Title IV-D
$97,647
$105,000
$107,000
$107,000
$109,000
$124,000
Assistance Program
Family Engagement
Title IV-E
$0
$10,000
$10,000
$10,000
$12,500
$15,000
in Education
Education
Title IV-F-1
$100,000
$120,000
$130,000
$190,000
$194,000
$234,000
Innovation and Research
Promise
Title IV-F-2
$73,254
$78,254
$78,254
$80,000
$81,000
$85,000
Neighborhoods
(Section 4624)
Ful -Service
Title IV-F-2
$10,000
$17,500
$17,500
$25,000
$30,000
$75,000
Community Schools (Section
4625)
National Activities
Title IV-F-3
$68,000
$90,000
$95,000
$105,000
$106,000
$201,000
for School Safety
Assistance for Arts
Title IV-F-4
$27,000
$29,000
$29,000
$30,000
$30,500
$36,500
Education Program
(Section 4642)
Ready to Learn
Title IV-F-4
$25,741
$27,741
$27,741
$29,000
$29,500
$30,500
Programming
(Section 4643)
Javits Gifted and
Title IV-F-4
$12,000
$12,000
$12,000
$13,000
$13,500
$14,500
Talented Education
(Section 4644)
Small, Rural School
Title V-B-1
$87,920
$90,420
$90,420
$92,920
$93,920
$97,500
Achievement Program
Rural and Low-
Title V-B-2
$87,920
$90,420
$90,420
$92,920
$93,920
$97,500
Income School Program
Indian Education,
Title VI-A-1
$100,381
$105,381
$105,381
$105,381
$105,381
$109,881
Formula Grants to LEAs
Special Programs
Title VI-A-2
$57,993
$67,993
$67,993
$67,993
$67,993
$70,000
and Projects to Improve Educational Opportunities for Indian Children
Indian Education,
Title VI-A-3
$6,565
$6,865
$6,865
$7,365
$7,865
$9,365
National Activities
Congressional Research Service
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
ESEA
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Appropria-
Program/Activity
Citation
tions
tions
tions
tions
tions
tions
Native Hawaiian
Title VI-B
$33,397
$36,397
$36,397
$36,897
$37,397
$38,897
Education
Alaska Native
Title VI-C
$32,453
$35,453
$35,453
$35,953
$36,453
$37,953
Education
Impact Aid,
Title VII
$68,813
$73,313
$74,313
$75,313
$76,313
$77,313
Payments Relating
(Section
to Federal
7002)
Acquisition of Real Property
Impact Aid,
Title VII
$1,189,233
$1,270,242
$1,301,242
$1,340,242
$1,354,242
$1,409,242
Payments for
(Section 700
Eligible Federally
3(b))
Connected Children (Basic Support Payments)
Impact Aid,
Title VII
$48,316
$48,316
$48,316
$48,316
$48,316
$48,316
Payments for
(Section 700
Eligible Federally
3(d))
Connected Children (Payments for Children with Disabilities)
Impact Aid,
Title VII
$17,406
$17,406
$17,406
$17,406
$17,406
$17,406
Construction
(Section 7007)
Impact Aid,
Title VII
$4,835
$4,835
$4,835
$4,835
$4,835
$4,835
Facilities
(Section
Maintenance
7008)
TOTAL
—
$23,627,231
$24,897,121
$25,167,421
$25,950,426
$26,254,111
$27,682,278
Source: Table prepared by CRS based on appropriations tables from the U.S. Department of Education, Budget Service, various years. a. With respect to American History and Civics Education, under Section 2232 funds are used to support
Presidential and Congressional Academies for American History and Civics. Under Section 2233, funds are used to support National Activities. Based on ED, Budget Service, Justification of Appropriations Estimates to Congress, various years, appropriations have been provided as fol ows: FY2017 and FY2018: $1,815,000 (Section 2232) and $1,700,000 (Section 2233); FY2019 and FY2020: $1,815,000 (Section 2232) and $3,000,000 (Section 2233); and FY2021: $1,986,000 (Section 2232), $3,211,000 (Section 2233), and $53,000 (peer review of new applications for grants under Sections 2232 and 2233). FY2022 data were not available as of April 2022.
Congressional Research Service
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link to page 37 link to page 37 The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Table 2. ESEA Program Authorizations Based on the No Child Left Behind Act
(NCLB) and the Every Student Succeeds Act (ESSA): FY2016 and FY2017
(Dollars in thousands)
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
School Improvement
Title I, Section
—
$450,000
na
Grants
1003(g)
Grants to Local
Title I-A
Title I-A
$14,909,802
$15,459,802
Educational Agencies (LEAs)
Grants for State
Title VI-A-1
Title I-B
$378,000
$369,100
Assessments and
(Sections 6111 and
Enhanced Assessment
6112))
Instruments (State Assessment Grants)
Reading First
Title I-B-1
—
$0
na
Early Reading First
Title I-B-2
—
$0
na
Even Start
Title I-B-3
—
$0
na
Improving Literacy
Improving Literacy
Title I-B-4
Title I-B-4
—
—
$0
$0
na
na
through School
through School
Libraries Libraries
Education of Migratory
Education of Migratory
Title I-C
Title I-C
Title I-C
Title I-C
$374,751
$374,751
$374,751
$374,751
Children (Migrant
Children (Migrant
Education) Education)
Prevention and
Prevention and
Title I-D
Title I-D
Title I-D
Title I-D
$47,614
$47,614
$47,614
$47,614
Intervention Programs
Intervention Programs
for Children and Youth for Children and Youth
Who Are Neglected, Who Are Neglected,
Delinquent, or At-Risk Delinquent, or At-Risk
(Neglected and (Neglected and
Delinquent) Delinquent)
Close Up
Close Up
Fel owshipsFellowships
Title I-E (Section
Title I-E (Section
—
—
$0
$0
na
na
1504)
1504)
Comprehensive
Comprehensive
School School
Title I-F
Title I-F
—
—
$0
$0
na
na
Reform
Reform
Advanced Placement
Advanced Placement
Title I-G
Title I-G
—
—
$28,483
$28,483
na
na
School Dropout
School Dropout
Title I-H
Title I-H
—
—
$0
$0
na
na
Preventio
Preventio
na
Supporting Effective
Supporting Effective
Title II-A
Title II-A
Title II-A
Title II-A
$2,349,830
$2,349,830
$2,055,830
$2,055,830
Instruction (formerly
Instruction (formerly
the Teacher and the Teacher and
Principal Training and Principal Training and
Recruiting FunRecruiting Fun
db)
Advanced
Advanced
Title II-A-5 (Section
Title II-A-5 (Section
—
—
$0
$0
na
na
Credentialing
Credentialing
2151(c))
2151(c))
Special Education
Special Education
Title II-A-5 (Section
Title II-A-5 (Section
—
—
$0
$0
na
na
Teacher Training
Teacher Training
2151(d))
2151(d))
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ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Early Childhood
Early Childhood
Title II-A-5 (Section
Title II-A-5 (Section
—
—
$0
$0
na
na
Educator Professional
Educator Professional
2151(e))
2151(e))
Development
Development
Teacher and School
Teacher and School
Title V-D-1
Title V-D-1
Title II-B-1
Title II-B-1
$230,000
$230,000
$200,000
$200,000
Leader Incentive
Leader Incentive
Grants (formerlyGrants (formerly
the the
Teacher Incentive Teacher Incentive
Fund) Fund)
Comprehensive
Comprehensive
Title I-E (Section
Title I-E (Section
Title II-B-2 (Section
Title II-B-2 (Section
$190,000
$190,000
$190,000
$190,000
Literacy Development
Literacy Development
1502)
1502)
2222)
2222)
Grants (formerly
Grants (formerly
Striving Readers) Striving Readers)
Innovative Approaches
Innovative Approaches
Title V-D-1
Title V-D-1
Title II-B-2 (Section
Title II-B-2 (Section
$27,000
$27,000
$27,000
$27,000
to Literacy
to Literacy
2226)
2226)
American
American
History and History and
Title V-D-1
Title V-D-1
Title II-B-3
Title II-B-3
$1,815
$1,815
$3,515
$3,515
Civics Educatio
Civics Educatio
nc
(Sections 2232 and
(Sections 2232 and
2233) 2233)
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link to page 36 link to page 36 link to page 36 The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Supporting Effective Supporting Effective
—d
Title II-B-4 (Section
Title II-B-4 (Section
na
na
$65,000
$65,000
Educator Development
Educator Development
2242)
2242)
(SEED)
(SEED)
School Leader
School Leader
Title II-A-5 (Section
Title II-A-5 (Section
Title II-B-4 (Section
Title II-B-4 (Section
$16,368
$16,368
$14,500
$14,500
Recruitment and
Recruitment and
2151(b))
2151(b))
2243)
2243)
Support (formerly
Support (formerly
School Leadership School Leadership
program) program)
STEM Master Teacher
STEM Master Teacher
—
—
Title II-B-4 (Section
Title II-B-4 (Section
na
na
$0
$0
Corps
Corps
2245)
2245)
Math and Science
Math and Science
Title II-B
Title II-B
—
—
$152,717
$152,717
na
na
Partnerships
Partnerships
Transition to Teaching
Transition to Teaching
Title II-C-1-B
Title II-C-1-B
—
—
$0
$0
na
na
National Writing
National Writing
Title II-C-2
Title II-C-2
—
—
$0
$0
na
na
Project
Project
We the People (Civic
We the People (Civic
Title II-C-3
Title II-C-3
—
—
$0
$0
na
na
Education)
Education)
(Section 2344)
(Section 2344)
Cooperative Education
Cooperative Education
Title II-C-3
Title II-C-3
—
—
$0
$0
na
na
Exchange (Civic
Exchange (Civic
(Section 2345)
(Section 2345)
Education)
Education)
Teaching of Traditional
Teaching of Traditional
Title II-C-4
Title II-C-4
—
—
$0
$0
na
na
American
American
History History
Educational
Educational
Title II-D
Title II-D
—
—
$0
$0
na
na
Technology
Technology
English Language
English Language
Title III-
Title III-
Ae
Title III-A
Title III-A
$737,400
$737,400
$737,400
$737,400
Acquisition
Acquisition
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ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Student Support and Student Support and
—
—
Title IV-A
Title IV-A
na
na
$400,000
$400,000
Academic
Academic
Enrichment Enrichment
Grantsf Grantsf
Safe and Drug Free,
Safe and Drug Free,
Title IV-A-1
Title IV-A-1
—
—
$0
$0
na
na
State Grants
State Grants
Hate Crime
Hate Crime
Prevention
Prevention Title IV-A-2 Title IV-A-2
—
—
$0
$0
na
na
(Section 4123)
(Section 4123)
National Coordinator
National Coordinator
Title IV-A-2
Title IV-A-2
—
—
$0
$0
na
na
Program
Program
(Section 4125)
(Section 4125)
Community Service
Community Service
Title IV-A-2
Title IV-A-2
—
—
$0
$0
na
na
Grant Program
Grant Program
(Section 4126)
(Section 4126)
School Security and
School Security and
Title IV-A-2
Title IV-A-2
—
—
$0
$0
na
na
Technology Resource
Technology Resource
(Section 4127)
(Section 4127)
Center
Center
National Center for
National Center for
Title IV-A-2
Title IV-A-2
—
—
$0
$0
na
na
School and Youth
School and Youth
(Section 4128)
(Section 4128)
Safety
Safety
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ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Alcohol Alcohol Abuse Abuse
Title IV-A-2
Title IV-A-2
—
—
$0
$0
na
na
Reduction
Reduction
(Section 4129)
(Section 4129)
Mentoring Programs
Mentoring Programs
Title IV-A-2
Title IV-A-2
—
—
$0
$0
na
na
(Section 4130)
(Section 4130)
21st Century
21st Century
Title IV-B
Title IV-B
Title IV-B
Title IV-B
$1,166,673
$1,166,673
$1,191,673
$1,191,673
Community Learning
Community Learning
Centers Centers
Charter Schools
Charter Schools
Title V-B-1 and 2
Title V-B-1 and 2
Title IV-C
Title IV-C
$333,172
$333,172
$342,172
$342,172
Program
Program
Magnet Schools
Magnet Schools
Title V-C
Title V-C
Title IV-D
Title IV-D
$96,647
$96,647
$97,647
$97,647
Assistance
Assistance
Program Program
Family
Family
Engagement in Engagement in
—
—
Title IV-E
Title IV-E
na
na
$0
$0
Education
Education
Education Innovation
Education Innovation
—g
Title IV-F-1
Title IV-F-1
na
na
$100,000
$100,000
and Research
and Research
Promise
Promise
Title V-D-
Title V-D-
1h
Title IV-F-2 (Section
Title IV-F-2 (Section
$73,254
$73,254
$73,254
$73,254
Neighborhoods
Neighborhoods
4624)
4624)
Ful Service
Ful Service
Title V-D-
Title V-D-
1i
Title IV-F-2 (Section
Title IV-F-2 (Section
$10,000
$10,000
$10,000
$10,000
Community Schools
Community Schools
4625)
4625)
National Activities
National Activities
for for
Title IV-A-2
Title IV-A-2
Title IV-F-3
Title IV-F-3
$75,000
$75,000
$68,000
$68,000
School Safety
School Safety
(Section 4631)
(Section 4631)
Assistance
Assistance
for Arts for Arts
Title V-D-15
Title V-D-15
Title IV-F-4 (Section
Title IV-F-4 (Section
$27,000
$27,000
$27,000
$27,000
Education Program
Education Program
4642)
4642)
Ready to Learn
Ready to Learn
Title II-D-3
Title II-D-3
Title IV-F-4 (Section
Title IV-F-4 (Section
$25,741
$25,741
$25,741
$25,741
Programming
Programming
(formerly (formerly
4643)
4643)
Ready-to-Learn
Ready-to-Learn
Television) Television)
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link to page 37 link to page 38 link to page 38 link to page 38 The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Javits Gifted and Javits Gifted and
Title V-D-6
Title V-D-6
Title IV-F-4 (Section
Title IV-F-4 (Section
$12,000
$12,000
$12,000
$12,000
Talented Education
Talented Education
4644)
4644)
Innovative Programs
Innovative Programs
Title V-A
Title V-A
—
—
$0
$0
na
na
Smal , Small, Rural School Rural School
Title VI-B-1
Title VI-B-1
Title V-B-1
Title V-B-1
$87,920
$87,920
$87,920
$87,920
Achievement
Achievement
Program Program
Rural and Low-Income
Rural and Low-Income
Title VI-B-2
Title VI-B-2
Title V-B-2
Title V-B-2
$87,920
$87,920
$87,920
$87,920
School Program
School Program
Voluntary Public
Voluntary Public
Title V-B-3
Title V-B-3
—
—
$0
$0
na
na
School Choice
School Choice
Fund for the
Fund for the
Title V-D-1
Title V-D-1
—
—
nak
na
na
Improvement
Improvement
of of
Education, National Education, National
ProgramsjProgramsj
Preschool
Preschool
Title V-D-
Title V-D-
1l
—m
$250,000
na
Development Grants
—m
$250,000
na
Development Grants
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Non-cognitive Skil s
Non-cognitive Skil s
Title V-D-1
Title V-D-1
—
—
$3,000
$3,000
na
na
Initiative
Initiative
Elementary and
Elementary and
Title V-D-2
Title V-D-2
—
—
$49,561
$49,561
na
na
Secondary School
Secondary School
Counseling Counseling
Character Education
Character Education
Title V-D-3
Title V-D-3
—
—
$0
$0
na
na
Smal er Smaller Learning Learning
Title V-D-4
Title V-D-4
—
—
$0
$0
na
na
Communities
Communities
Reading is Fundamental Title V-D-5
Reading is Fundamental Title V-D-5
—
—
$0
$0
na
na
Star Schools Program
Star Schools Program
Title V-D-7
Title V-D-7
—
—
$0
$0
na
na
Ready to Teach
Ready to Teach
Title V-D-8
Title V-D-8
—
—
$0
$0
na
na
Foreign Language
Foreign Language
Title V-D-9
Title V-D-9
—
—
$0
$0
na
na
Assistance
Assistance
Carol M. White
Carol M. White
Title V-D-10
Title V-D-10
—
—
$47,000
$47,000
na
na
Physical Education
Physical Education
Program Program
Community
Community
Title V-D-11
Title V-D-11
—
—
$0
$0
na
na
Technology Centers
Technology Centers
Exchanges with
Exchanges with
Title V-D-12
Title V-D-12
—
—
$0
$0
na
na
Historic
Historic
Whaling and Whaling and
Trading Partners Trading Partners
Excel enceExcellence in Economic in Economic
Title V-D-13 Title V-D-13
—
—
$0
$0
na
na
Education
Education
Grants to Improve
Grants to Improve
the the
Title V-D-14
Title V-D-14
—
—
$0
$0
na
na
Mental Health of
Mental Health of
(Section 5541)
(Section 5541)
Children, Mental
Children, Mental
Health Integration in Health Integration in
Schools Schools
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Grants to Improve Grants to Improve the the
Title V-D-14
Title V-D-14
—
—
$0
$0
na
na
Mental Health of
Mental Health of
(Section 5542)
(Section 5542)
Children, Foundations
Children, Foundations
for Learning for Learning
Parental Assistance
Parental Assistance
and Title V-D-16 and Title V-D-16
—
—
$0
$0
na
na
Local Family
Local Family
Information Centers Information Centers
Combating Domestic
Combating Domestic
Title V-D-17
Title V-D-17
—
—
$0
$0
na
na
Violence
Violence
Healthy, High-
Healthy, High-
Title V-D-18
Title V-D-18
—
—
$0
$0
na
na
Performance
Performance
Schools Schools
Grants for Capital
Grants for Capital
Title V-D-19
Title V-D-19
—
—
$0
$0
na
na
Expenses of Providing
Expenses of Providing
Equitable ServicesEquitable Services
for Private School Students
for Private School Students
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Additional Assistance Additional Assistance
Title V-D-20
Title V-D-20
—
—
$0
$0
na
na
for Certain Local
for Certain Local
Educational Agencies Educational Agencies
Impacted by Federal Impacted by Federal
Property Acquisition Property Acquisition
Women’s
Women’s
Educational Educational
Title V-D-21
Title V-D-21
—
—
$0
$0
na
na
Equity Act
Equity Act
Indian Education,
Indian Education,
Title VII-A-1
Title VII-A-1
Title VI-A-1
Title VI-A-1
$100,381
$100,381
$100,381
$100,381
Formula
Formula
Grants to Grants to
LEAs LEAs
Special Programs
Special Programs
and and
Title VII-A-2
Title VII-A-2
Title VI-A-2
Title VI-A-2
$37,993
$37,993
$57,993
$57,993
Projects to Improve
Projects to Improve
Educational Educational
Opportunities for Opportunities for
Indian Children Indian Children
Indian Education,
Indian Education,
Title VII-A-3
Title VII-A-3
Title VI-A-3
Title VI-A-3
$5,565
$5,565
$6,565
$6,565
National Activities
National Activities
Native
Native
Hawai anHawaiian
Title VII-B
Title VII-B
Title VI-B
Title VI-B
$33,397
$33,397
$33,397
$33,397
Student Education
Student Education
Alaska Native Student
Alaska Native Student
Title VII-C
Title VII-C
Title VI-C
Title VI-C
$32,453
$32,453
$32,453
$32,453
Education
Education
Impact Aid, Payments
Impact Aid, Payments
Title VIII (Section
Title VIII (Section
Title VII (Section
Title VII (Section
$66,813
$66,813
$68,813
$68,813
Relating to Federal
Relating to Federal
8002)
8002)
7002)
7002)
Acquisition of Real
Acquisition of Real
Property Property
Impact Aid, Payments
Impact Aid, Payments
Title VIII
Title VIII
Title VII
Title VII
$1,168,233
$1,168,233
$1,189,233
$1,189,233
for Eligible
for Eligible
Federal yFederally
(Section 8003(b))
(Section 8003(b))
(Section 7003(b))
(Section 7003(b))
Connected Children
Connected Children
(Basic Support (Basic Support
Payments) Payments)
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
ESEA Citation
FY2016
FY2017
Program/Activity
NCLB
ESSA
Appropriations
Appropriations
Impact Aid, Payments Impact Aid, Payments
Title VIII
Title VIII
Title VII
Title VII
$48,316
$48,316
$48,316
$48,316
for Eligible
for Eligible
Federal yFederally
(Section 8003(d))
(Section 8003(d))
(Section 7003(d))
(Section 7003(d))
Connected Children
Connected Children
(Payments for Children (Payments for Children
with Disabilities) with Disabilities)
Impact Aid,
Impact Aid,
Title VIII (Section
Title VIII (Section
Title VII (Section
Title VII (Section
$17,406
$17,406
$17,406
$17,406
Construction
Construction
8007)
8007)
7007)
7007)
Impact Aid, Facilities
Impact Aid, Facilities
Title VIII (Section
Title VIII (Section
Title VII (Section
Title VII (Section
$4,835
$4,835
$4,835
$4,835
Maintenance
Maintenance
8008)
8008)
7008)
7008)
Title I Evaluation
Title I Evaluation
Title I-E
Title I-E
Title VIII-G
Title VIII-G
$0
$0
$0
$0
(formerly
(formerly
referred referred to to
as the National as the National
AssessmentAssessment
of Title I) of Title I)
TOTAL
TOTAL
na
na
na
na
$23,754,060
$23,754,060
$23,627,231
$23,627,231
Source: Table prepared by CRS based on CRS analysis of relevant statutory language and appropriations tables Table prepared by CRS based on CRS analysis of relevant statutory language and appropriations tables
from the U.S. Department of Education, Budget Service,from the U.S. Department of Education, Budget Service,
various years. Notes: na: not applicable. —: programvarious years.
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Notes:
na: Not applicable. —: Program not authorized. not authorized.
a. This program was also known as the High School Graduation Initiative.a. This program was also known as the High School Graduation Initiative.
b. This program was commonlyb. This program was commonly
referred referred to as the Improving Teacher Quality program.to as the Improving Teacher Quality program.
c. Funds under the ESEA as amended by both the NCLB and the ESSA are used to support Presidentialc. Funds under the ESEA as amended by both the NCLB and the ESSA are used to support Presidential
and and
Congressional
Congressional
Academies Academies for Americanfor American
History and Civics.History and Civics.
Under the ESEA as amended by the ESSA, funds Under the ESEA as amended by the ESSA, funds
are also used for National Activities.are also used for National Activities.
d. Prior to the enactment of the ESSA,
d. Prior to the enactment of the ESSA,
funds were provided for SEED as a set aside under Title II-A. funds were provided for SEED as a set aside under Title II-A.
e. The ESEA as amended by the NCLB also included programs under Title III-B, Improving Language e. The ESEA as amended by the NCLB also included programs under Title III-B, Improving Language
Instruction Educational Programs.
Instruction Educational Programs.
Title III-B programsTitle III-B programs
were only authorized if funding for Title III-A were only authorized if funding for Title III-A
fel fell below $650 mil ion.below $650 mil ion.
As this never occurred, the Title III-B programs are not reflected in the table. The Title As this never occurred, the Title III-B programs are not reflected in the table. The Title
III-B programs were not retained by the ESSA. III-B programs were not retained by the ESSA.
f.
f.
The SSAE grant program authorizes block grants that can be used to support activities that could formerly
The SSAE grant program authorizes block grants that can be used to support activities that could formerly
be supported through morebe supported through more
targeted grant programs that weretargeted grant programs that were
authorized under the ESEA as amended by authorized under the ESEA as amended by
the NCLB. the NCLB.
g. While
g. While
the ESEA as amended by the NCLB did not include a program similarthe ESEA as amended by the NCLB did not include a program similar
to the Education Innovation to the Education Innovation
and Research (EIR) program, the EIR program is similar
and Research (EIR) program, the EIR program is similar
to the Investing in Innovation (i3) program that was to the Investing in Innovation (i3) program that was
original y originally authorized by the Americanauthorized by the American
Recovery and Reinvestment Act (ARRA; P.L. 111-5) under the State Recovery and Reinvestment Act (ARRA; P.L. 111-5) under the State
Fiscal Stabilization Fund (Title XIV). The i3 program receivedFiscal Stabilization Fund (Title XIV). The i3 program received
$120 mil ion$120 mil ion
in FY2016. in FY2016.
h. The Promise
h. The Promise
Neighborhoods program was enacted through the Department of Education Appropriations Neighborhoods program was enacted through the Department of Education Appropriations
Act, 2010 (Division D, Title III of P.L. 111-117), based on authority available under Title V-D-1 of the ESEA.
Act, 2010 (Division D, Title III of P.L. 111-117), based on authority available under Title V-D-1 of the ESEA.
The specific provision of funds for this purpose is detailed in the conference report accompanying P.L.The specific provision of funds for this purpose is detailed in the conference report accompanying P.L.
111-111-
117 (H.Rept. 111-366).117 (H.Rept. 111-366).
i.
i.
The Ful Service
The Ful Service
Community Schools program was Community Schools program was
initial y initially created as a demonstration program through the created as a demonstration program through the
Department of Education Appropriations Act, 2008 (Division G, Title III of P.L. 110-161), based on Department of Education Appropriations Act, 2008 (Division G, Title III of P.L. 110-161), based on
authority available under ESEA, Title V-D-1. authority available under ESEA, Title V-D-1.
j.
j.
The Fund for the Improvement of Education, National Programs
The Fund for the Improvement of Education, National Programs
authority supportedauthority supported
“national y “nationally significant significant
programs to improve the quality of elementaryprograms to improve the quality of elementary
and secondary education at the State and local levelsand secondary education at the State and local levels
and and
help help
al all children meet children meet
chal engingchallenging State academic content and student academic achievement standards” State academic content and student academic achievement standards”
(ESEA, Section 5411(a) prior to the enactment of the ESSA). Examples of programs(ESEA, Section 5411(a) prior to the enactment of the ESSA). Examples of programs
funded under the Title funded under the Title
V-D-1 authority, in addition to those listed in the table, include the Data Quality Initiative and the Gulf V-D-1 authority, in addition to those listed in the table, include the Data Quality Initiative and the Gulf
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The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Coast Recovery Grant Initiative. The Title V-D-1 authority was not retained when the ESEA was Coast Recovery Grant Initiative. The Title V-D-1 authority was not retained when the ESEA was
reauthorized by the ESSA. reauthorized by the ESSA.
k. See specific programs
k. See specific programs
listed in the table for appropriations provided under the Title V-D-1 authority in listed in the table for appropriations provided under the Title V-D-1 authority in
FY2016.
FY2016.
l.
l.
For FY2014, Preschool
For FY2014, Preschool
Development Development Grants wereGrants were
authorized using authority available under the American authorized using authority available under the American
Recovery and Rehabilitation Act (ARRA,Recovery and Rehabilitation Act (ARRA,
P.L. 112-5, Section 14006). In FY2015 and FY2016, the program P.L. 112-5, Section 14006). In FY2015 and FY2016, the program
was authorized using authority available under ESEA, Title V-D-1. was authorized using authority available under ESEA, Title V-D-1.
m. A new Preschool Development
m. A new Preschool Development
Grants program was included in the ESSA but was not included in the ESEA. Grants program was included in the ESSA but was not included in the ESEA.
It should be noted that the ESSA included changes to programs
It should be noted that the ESSA included changes to programs
that are not part of the ESEA. that are not part of the ESEA.
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Table 3. ESEA Program Authorizations
Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
FY2021a
Grants to Local
Grants to Local
Title I-A
Title I-A
Section 1002
Section 1002
$15,012,317,605
$15,012,317,605
$15,457,459,042
$15,457,459,042
$15,897,371,442
$15,897,371,442
$16,182,344,591
$16,182,344,591
$16,182,344,591
Educational Agencies
Educational Agencies
(LEAs) (LEAs)
Grants for State
Grants for State
Title I-B
Title I-B
Section 1002
Section 1002
$378,000,000
$378,000,000
$378,000,000
$378,000,000
$378,000,000
$378,000,000
$378,000,000
$378,000,000
Assessments $378,000,000
Assessments and and
Enhanced Assessment Enhanced Assessment
Instruments (State Instruments (State
Assessment) Assessment)
Education of
Education of
Migratory
Title I-C
Title I-C
Section 1002
Section 1002
$374,751,000
$374,751,000
$374,751,000
$374,751,000
$374,751,000
$374,751,000
$374,751,000
$374,751,000
$374,751,000
Migratory Children (Migrant Children (Migrant
Education) Education)
Prevention and
Prevention and
Title I-D
Title I-D
Section 1002
Section 1002
$47,614,000
$47,614,000
$47,614,000
$47,614,000
$47,614,000
$47,614,000
$47,614,000
$47,614,000
$47,614,000
Intervention Programs
Intervention Programs
for Children and Youth for Children and Youth
Who Are Neglected, Who Are Neglected,
Delinquent, or At-Risk Delinquent, or At-Risk
(Neglected and (Neglected and
Delinquent) Delinquent)
Supporting Effective
Supporting Effective
Title II-A
Title II-A
Section 2003
Section 2003
$2,295,830,000
$2,295,830,000
$2,295,830,000
$2,295,830,000
$2,295,830,000
$2,295,830,000
$2,295,830,000
$2,295,830,000
$2,295,830,000
Instruction
Instruction
Teacher and School
Teacher and School
Title II-B-1
Title II-B-1
Section 2003 and
Section 2003 and
49.1%
49.1%
49.1%
49.1%
49.1%
49.1%
47.0%
47.0%
47.0%
Leader Incentive
Leader Incentive
Section 2201
Section 2201
($230,220,362) of
($230,220,362) of
a
($230,220,362) of($230,220,362) of
a
($230,361,488) of ($229,908,960) of ($229,908,960) of
Program
a single
a single
a single
a single
a single
authorization for
authorization for
authorization for
authorization for
authorization for
national activities
national activities
national activities
national activities
national activities
under Title II-B.b
under Title II-B.b
under Title II-B.b
($230,361,488) of a
($229,908,960) of a
Program
single authorization
single authorization
single authorization
single authorization
for national activities
for national activities
for national
for national
under Title II-B.a
under Title II-B.a
activities under Title
activities under Title
II-B.a
II-B.a
CRS-33under Title II-B.b
under Title II-B.b
CRS-35
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Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
FY2021a
Literacy Education ForLiteracy Education For
Title II-B-2 Title II-B-2
Section 2003 and
Section 2003 and
34.1%
34.1%
34.1%
34.1%
34.1%
34.1%
36.8%
36.8%
Al 36.8%
All (includes (includes
Section 2201
Section 2201
($159,888,276) of
($159,888,276) of
a
($159,888,276) of($159,888,276) of
a
($159,986,288) of($159,986,288) of
a
($180,013,824) of ($180,013,824) of ($180,013,824) of
a
Comprehensive
single authorization
single authorization
single authorization
single authorization
Literacy State
for national activities
for national activities
for national
for national
Development Grants
under Title II-B.a
under Title II-B.a
activities
Comprehensive
a single
a single
a single
a single
a single
Literacy State
authorization for
authorization for
authorization for
authorization for
authorization for
Development Grants
national activities
national activities
national activities
national activities
national activities
and Innovative
under Title II-B.b
under Title II-B.b
under Title II-B.b
under Title II-Bb.
under Title II-Bbunder Title
activities under Title
and Innovative
II-B.a
II-Ba.
Approaches to
Approaches to
Literacy) Literacy)
American
American
History and History and
Title II-B-3,
Title II-B-3,
Section 2232
Section 2003 and
Section 2003 and
26.0
26.0
%bc of 1.4% of 1.4%
26.0
26.0
%bc of 1.4% of 1.4%
26.0
26.0
%bc of 1.4% of 1.4%
26.0
26.0
%bc of 1.4%
26.0%c of 1.4% of 1.4%
Civics Education,
Civics Education,
Section
Section
2232
Section 2201 2201
($1,706,725) of a
($1,706,725) of a
($1,706,725) of a
($1,706,725) of a
($1,707,772) of a
($1,707,772) of a
($1,780,572) of a
($1,780,572) of a
Presidential and
single authorization
single authorization
single authorization
single authorization
Congressional
for national activities
for national activities
for national
for national
Academies
under Title II-B.a, b
under Title II-B.a, b
activities under Title
activities ($1,780,572) of a
Presidential and
single
single
single
single
single
Congressional
authorization for
authorization for
authorization for
authorization for
authorization for
Academies
national activities
national activities
national activities
national activities
national activities
under Title II-B.b,
under Title II-B.b,
under Title II-B.b,
under Title II-B.b,
under Title II-B.b,
c
c
c
c
c
American under Title
II-B.a, b
II-B.a, b
American History and History and
Title II-B-3,
Title II-B-3,
Section 2233
Section 2003 and
Section 2003 and
74.0%d of 1.4%
74.0
74.0
%cd of 1.4% of 1.4%
74.0
74.0
%cd of 1.4% of 1.4%
74.0
74.0
%cd of 1.4% of 1.4%
74.0
74.0
%cd of 1.4% of 1.4%
Civics Education,
Civics Education,
Section
Section
2233
Section 2201 2201
($4,857,603) of a
($4,857,603) of a
($4,857,603) of a
($4,857,603) of a
($4,860,580) of a
($4,860,580) of a
($5,067,780) of a
($5,067,780) of a
($5,067,780) of a
National ActivitiesNational Activities
single
single
authorization
single
single
single
authorization
single
single
authorization for
authorization for
authorization for
authorization for
authorization for
national activities
national activities
national activities
national activities
national activities
under Title II-B.b,
under Title II-B.b,
under Title II-B.b,
under Title II-B.b,
single authorization
single authorization
for national activities
for national activities
for national
for national
under Title II-B.a, c
under Title II-B.a, c
activities under Title
activities under Title
II-B.a, c
II-B.a, c
Programs of National
Title II-B-4
Section 2003 and
15.4% ($72,207,609) 15.4% ($72,207,609) 15.4% ($72,251,872) 14.8% under Title II-B.b,
d
d
d
d
d
CRS-36
link to page 44 link to page 44 link to page 44 link to page 44 link to page 44 link to page 44
Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
FY2021a
Programs of National
Title II-B-4
Section 2003 and
15.4%
15.4%
15.4%
14.8%
14.8%
Significance (includes
Section 2201
($72,207,609) of
($72,207,609) of
($72,251,872) of
($72,396,864) of
($72,396,864) of
Supporting Effective
a single
a single
a single
a single
a single
Educator
authorization for($72,396,864)
Significance (includes
Section 2201
of a single
of a single
of a single
of a single
Supporting Effective
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
Educator DevelopmentDevelopment Grant
national activities
national activities
national activities
national activities
national activities
national activities
national activities
national activities
Grant Program, national activities
Program, School School
under Title II-
under Title II-
B.ab
under Title II-B.b
under Title II-
under Title II-
B.ab
under Title II-
under Title II-
B.ab
under Title II-
under Title II-
B.ab
Leadership
Leadership
Recruitment and Recruitment and
Support Grant Support Grant
Program,Program,
Technical Technical
AssistanceAssistance
and and
National Evaluation, National Evaluation,
and STEM Master and STEM Master
Teacher Corps Grant Teacher Corps Grant
Program) Program)
CRS-34
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Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
English Language English Language
Title III
Title III
Section 3001
Section 3001
$756,332,450
$756,332,450
$769,568,267
$769,568,267
$784,959,633
$784,959,633
$884,959,633
$884,959,633
$884,959,633
Acquisition Acquisition
Student Support and
Student Support and
Title IV-A
Title IV-A
Section 4112
Section 4112
$1,650,000,000
$1,650,000,000
$1,600,000,000
$1,600,000,000
$1,600,000,000
$1,600,000,000
$1,600,000,000
$1,600,000,000
Academic $1,600,000,000
Academic Enrichment Enrichment
Grants Grants
21st Century
21st Century
Title IV-B
Title IV-B
Section 4206
Section 4206
$1,000,000,000
$1,000,000,000
$1,100,000,000
$1,100,000,000
$1,100,000,000
$1,100,000,000
$1,100,000,000
$1,100,000,000
$1,100,000,000
Community Learning
Community Learning
Centers Centers
Charter Schools
Charter Schools
Title IV-C
Title IV-C
Section 4311
Section 4311
$270,000,000
$270,000,000
$270,000,000
$270,000,000
$300,000,000
$300,000,000
$300,000,000
$300,000,000
$300,000,000
Program (includes
Program (includes
Grants to Support Grants to Support
High-Quality Charter High-Quality Charter
Schools,Schools,
Facilities Facilities
Financing, and National Financing, and National
Activities) Activities)
Magnet Schools
Magnet Schools
Title IV-D
Title IV-D
Section 4409
Section 4409
$94,000,000
$94,000,000
$96,820,000
$96,820,000
$102,387,150
$102,387,150
$108,530,379
$108,530,379
Assistance Program
Family $108,530,379
Assistance Program
CRS-37
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Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
FY2021a
Family Engagement in Engagement in
Title IV-E
Title IV-E
Section 4506
Section 4506
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
Education Programs
Education Programs
Education Innovation
Education Innovation
Title IV-F-1
Title IV-F-1
Section 4601
Section 4601
36.0%
36.0%
36.0%
42.0%
42.0%
42.0%
and Research
($70,466,760) of
($70,466,760) 36.0% ($70,466,760)($70,466,760)
42.0% of
($90,611,220)($90,611,220)
42.0% of
($90,611,220) ($90,611,220)
of
($90,611,220) of
a single
and Research
of a single a single
of a single a single
of a single a single
of a single a single
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization
authorization
for
authorization for for
national activities
national activities
national activities
national activities
national activities
national activities
national activities
national activities
national activities
under Title IV-under Title IV-
F.de
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.dF.e
under Title IV-F.e
Community Support
Community Support
Title IV-F-2
Title IV-F-2
Section 4601
Section 4601
36.0%
36.0%
36.0%
32.0%
32.0%
32.0%
for School Success
($70,466,760) of
($70,466,760) 36.0% ($70,466,760)($70,466,760)
32.0% of
($69,037,120)($69,037,120)
32.0% of
($69,037,120) ($69,037,120)
for School Success
of a single
of a single
of a single
of a single
(includes Promiseof
($69,037,120) of
(includes Promise
a single
a single
a single
a single
a single
Neighborhoods and
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
Neighborhoods andFul -Service
national activities
national activities
national activities
national activities
national activities
national activities
national activities
national activities
Ful -Servicenational activities
Community Schools)
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.d
Community Schools)
CRS-35
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Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020e
under Title IV-F.e
National Activities
National Activities
for for
Title IV-F-3
Title IV-F-3
Section 4601
Section 4601
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
School Safety,
School Safety,
including
reservation
reservation
from from
a
reservation
reservation
from a from
reservation
reservation
from from
a
reservation from
reservation
reservation
from
including the Project
a single
a single
a single
a single
a single
School Emergency
authorization for
authorization for
authorization for
authorization for
authorization for
Response to Violence
national activities
national activities
national activities
national activities
national activities
program (Project
under Title IV-F.e
under Title IV-F.e
from a
the Project School
single authorization
single authorization
single authorization
single authorization
Emergency Response
for national activities
for national activities
for national
for national
to Violence program
under Title IV-F.d
under Title IV-F.d
activities under Title
activities under Title
(Project SERV)e
IV-F.d
IV-F.d
Academic under Title IV-F.e
under Title IV-F.e
under Title IV-F.e
SERV)f
Academic Enrichment Enrichment
Title IV-F-4
Title IV-F-4
Section 4601
Section 4601
28.0%
28.0%
28.0%
26.0%
26.0%
26.0%
(includes Assistance
($54,807,480) of
($54,807,480) 28.0% ($54,807,480)($54,807,480)
26.0% of
($56,092,660)($56,092,660)
26.0% of
($56,092,660) ($56,092,660)
of
($56,092,660) of
for Arts Education,
a single
a single
a single
a single
a single
Ready to Learn
(includes Assistance for
of a single
of a single
of a single
of a single
Arts Education, Ready
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
authorization for
to Learn authorization for
Programming, Programming,
and
national activities
national activities
national activities
national activities
national activities
national activities
national activities
national activities
and national activities
Supporting High-Supporting High-
under Title IV-
under Title IV-
F.de
under Title IV-F.e
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.de
under Title IV-
under Title IV-
F.de
Ability Learners
Ability Learners
and Learning)
CRS-38
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Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
FY2021a
and Learning)
Rural Education Rural Education
Title V-B
Title V-B
Section 5234
Section 5234
$169,840,000
$169,840,000
$169,840,000
$169,840,000
$169,840,000
$169,840,000
$169,840,000
$169,840,000
Achievement Programf
(REAP; includes Smal , $169,840,000
Achievement Programg (REAP;
includes Small, Rural Achievement Rural Achievement
Program and Rural and Program and Rural and
Low-Income School Low-Income School
Program) Program)
Indian Education,
Indian Education,
Title VI-A-1
Title VI-A-1
Section 6152
Section 6152
$100,381,000
$100,381,000
$102,388,620
$102,388,620
$104,436,392
$104,436,392
$106,525,120
$106,525,120
Formula $106,525,120
Formula Grants to Grants to
LEAs LEAs
Special Programs
Special Programs
and and
Title VI-A-2
Title VI-A-2
Section 6152
Section 6152
$17,993,000
$17,993,000
$17,993,000
$17,993,000
$17,993,000
$17,993,000
$17,993,000
$17,993,000
$17,993,000
Projects to Improve
Projects to Improve
Educational Educational
Opportunities for Opportunities for
Indian Children Indian Children
Indian Education,
Indian Education,
Title VI-A-3
Title VI-A-3
Section 6152
Section 6152
$5,565,000
$5,565,000
$5,565,000
$5,565,000
$5,565,000
$5,565,000
$5,565,000
$5,565,000
$5,565,000
National Activities
National Activities
Native
Native
Hawai anHawaiian
Title VI-B
Title VI-B
Section 6205
Section 6205
$32,397,000
$32,397,000
$32,397,000
$32,397,000
$32,397,000
$32,397,000
$32,397,000
$32,397,000
Education
CRS-36
Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020$32,397,000
Education
Alaska Native
Alaska Native
Title VI-C
Title VI-C
Section 6304
Section 6304
$31,453,000
$31,453,000
$31,453,000
$31,453,000
$31,453,000
$31,453,000
$31,453,000
$31,453,000
$31,453,000
Education
Education
Impact Aid, Payments
Impact Aid, Payments
Title VII, Section
Title VII, Section
7002
Section 7014
Section 7014
$66,813,000
$66,813,000
$66,813,000
$66,813,000
$66,813,000
$66,813,000
$71,997
$71,997
,917
$71,997,917 ,917
Relating to Federal
Relating to Federal
7002
Acquisition of Real Acquisition of Real
Property Property
Impact Aid, Payments
Impact Aid, Payments
Title VII, Section
Title VII, Section
7003(b)
Section 7014 Section 7014
$1,151,233,000
$1,151,233,000
$1,151,233,000
$1,151,233,000
$1,151,233,000
$1,151,233,000
$1,240,572,618
$1,240,572,618
for Eligible Federal y $1,240,572,618
for Eligible Federally
7003(b)
Connected Children Connected Children
(Basic Support (Basic Support
Payments) Payments)
CRS-39
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Section
Authorizing
Program/Activity
Title
Appropriations
FY2017
FY2018
FY2019
FY2020
FY2021a
Impact Aid, Payments Impact Aid, Payments
Title VII, Section
Title VII, Section
7003(d)
Section 7014 Section 7014
$48,316,000
$48,316,000
$48,316,000
$48,316,000
$48,316,000
$48,316,000
$52,065,487
$52,065,487
for Eligible Federal y $52,065,487
for Eligible Federally
7003(d)
Connected Children Connected Children
(Payments for Children (Payments for Children
with Disabilities) with Disabilities)
Impact Aid,
Impact Aid,
Title VII, Section
Title VII, Section
7007
Section 7014
Section 7014
$17,406,000
$17,406,000
$17,406,000
$17,406,000
$17,406,000
$17,406,000
$18,756,765
$18,756,765
Construction$18,756,765
Construction
7007
Impact Aid, Facilities
Impact Aid, Facilities
Title VII, Section
Title VII, Section
7008
Section 7014
Section 7014
$4,835,000
$4,835,000
$4,835,000
$4,835,000
$4,835,000
$4,835,000
$5,210,213
$5,210,213
Maintenance$5,210,213
Maintenance
7008
Evaluation of Title I
Evaluation of Title I
Title VIII-G
Title VIII-G
Section 1002
Section 1002
$710,000
$710,000
$710,000
$710,000
$710,000
$710,000
$710,000
$710,000
$710,000
Programs
Programs
TOTAL Authorization
TOTAL Authorization
na
na
na
na
$24,205,408,630
$24,205,408,630
$24,718,613,504
$24,718,613,504
$25,231,819,617
$25,231,819,617
$25,745,024,723
$25,745,024,723
$25,745,024,723
of Appropriations
of Appropriations
Source: Table prepared by CRS based on CRS analysis of the Elementary and Secondary Education Act. Table prepared by CRS based on CRS analysis of the Elementary and Secondary Education Act.
a. The a. The
General Education Provisions Act (GEPA) automatically extended the authorizations of appropriations for programs administered by ED for an additional fiscal
year as Congress did not act to extend or repeal the authorizations of appropriations by the regular session that ended prior to the start of FY2020 (20 U.S.C. §1126a). The amount authorized to be appropriated for the period of the automatic extension is required to be the same amount authorized to be appropriated for a program for the terminal fiscal year of the program. Thus, the authorization of appropriations for FY2021 for ESEA programs was identical to the authorization of appropriations for FY2020. For FY2022 and subsequent years, the authorization of appropriations for ESEA programs has expired; however, the programs may continue to receive appropriations through the appropriations process.
b. The total authorization of appropriations for Title II-B is $468,880,575 for each of FY2017 and FY2018, and $489,168,000 for each of FY2019 and FY2020.total authorization of appropriations for Title II-B is $468,880,575 for each of FY2017 and FY2018, and $489,168,000 for each of FY2019 and FY2020.
b c. The ESEA as amended by the ESSA requires. The ESEA as amended by the ESSA requires
that not lessthat not less
than 26% of the available funds be used for the Presidentialthan 26% of the available funds be used for the Presidential
and Congressionaland Congressional
Academies Academies for American for American
History and Civics program.
History and Civics program.
For the purposes of this report, it was assumed that 26% would be used for this program.For the purposes of this report, it was assumed that 26% would be used for this program.
c
d. The ESEA as amended by the ESSA requires. The ESEA as amended by the ESSA requires
that not morethat not more
than 74% of the available funds be used for national activitiesthan 74% of the available funds be used for national activities
related to Americanrelated to American
history, civics and history, civics and
government, and geography instruction. For the purposes of this report,
government, and geography instruction. For the purposes of this report,
it was assumed that 74% would be used for this purpose.it was assumed that 74% would be used for this purpose.
CRS-37
d
e. The total authorization of appropriations for Title IV-F is $200,741,000 for each of FY2017 and FY2018, and $220,741,000 for each of FY2019 and FY2020. The . The total authorization of appropriations for Title IV-F is $200,741,000 for each of FY2017 and FY2018, and $220,741,000 for each of FY2019 and FY2020. The
amount of funding available for the programs
amount of funding available for the programs
authorized under Title IV-F-1, Title IV-F-2, and Title IV-F-4 is based on the total amount of funding available for Title authorized under Title IV-F-1, Title IV-F-2, and Title IV-F-4 is based on the total amount of funding available for Title
IV-F after reservingIV-F after reserving
$5 mil ion$5 mil ion
for Title IV-F-3for Title IV-F-3
.
f.
.
e. The Secretary must use a portion of the funds reservedThe Secretary must use a portion of the funds reserved
under national activities for Project SERV. Funds may also be used to carry out other activitiesunder national activities for Project SERV. Funds may also be used to carry out other activities
“to improve “to improve
students’ safety and students’ safety and
wel well-being.” (Section 4631(a)(1)(B).)-being.” (Section 4631(a)(1)(B).)
f.
g. Per the requirementsPer the requirements
of Section 5234, appropriations for REAP are divided evenly between the of Section 5234, appropriations for REAP are divided evenly between the
Smal , Small, Rural School AchievementRural School Achievement
Program and the Rural and Low-Program and the Rural and Low-
Income School Program.Income School Program.
CRS-
CRS-
3840
The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Appendix. Glossary of Acronyms
ATSI
ATSI
Additional targeted support and improvement
Additional targeted support and improvement
BIE
BIE
Bureau of Indian Education
Bureau of Indian Education
CSI
CSI
Comprehensive
Comprehensive
support and improvement support and improvement
ED
ED
U.S. Department of Education
U.S. Department of Education
EFIG
EFIG
Education Finance Incentive Grants
Education Finance Incentive Grants
EIR
EIR
Education Innovation and Research program
Education Innovation and Research program
EL
EL
English learner
English learner
ESEA
ESEA
Elementary and Secondary Education Act
Elementary and Secondary Education Act
ESSA
ESSA
Every Student Succeeds Act
Every Student Succeeds Act
i3
i3
Investing in Innovation program
Investing in Innovation program
IDEA
IDEA
Individuals with Disabilities
Individuals with Disabilities
Education Act Education Act
IHE
IHE
Institution of higher education
Institution of higher education
LEA
LEA
Local educational agency
Local educational agency
LEP
LEP
Limited
Limited
English proficient English proficient
L-HHS-ED
L-HHS-ED
Departments of Labor,
Departments of Labor,
Health and Human Services,Health and Human Services,
and Education, and Related Agenciesand Education, and Related Agencies
NAEP
NAEP
National Assessment
National Assessment
of Educational Progress of Educational Progress
NCLB
NCLB
No Child Left Behind Act
No Child Left Behind Act
REAP
REAP
Rural Education Achievement
Rural Education Achievement
Program Program
RLA
RLA
Reading/language arts
Reading/language arts
RLIS
RLIS
Rural and Low-Income School Program
Rural and Low-Income School Program
SEA
SEA
State educational agency
State educational agency
SEED
SEED
Supporting Effective Educator Development
Supporting Effective Educator Development
SES
SES
Supplemental educational services
Supplemental educational services
SIG
SIG
School Improvement Grants
School Improvement Grants
SRSA
SRSA
Smal , Small, Rural School AchievementRural School Achievement
Program Program
TAP
TAP
Targeted assistance program
Targeted assistance program
TSI
TSI
Targeted support and improvement
Targeted support and improvement
Congressional Research Service
Congressional Research Service
3941
The ESEA, as Amended by the Every Student Succeeds Act: A Primer
Author Information
Rebecca R. Skinner Rebecca R. Skinner
Specialist in Education Policy
Specialist in Education Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should under the direction of Congress. Information in a CRS Report should
n otnot be relied upon for purposes other be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
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Congressional Research Service
Congressional Research Service
R45977
R45977
· VERSION 35 · UPDATED
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