SCHOOL-BASED ALLOTMENTS.

SEC. 1201. SCHOOL-BASED ALLOTMENTS. Part I of subtitle B of title I (42 U.S.C. 12521 et seq.) is amended to read as follows:“PART I—PROGRAMS FOR ELEMENTARY AND SECONDARY SCHOOL STUDENTS“SEC. 111. PURPOSE. “The purpose of this part is to promote service-learning as a strategy to—“(1) support high-quality service-learning projects that engage students in meeting community needs with demonstrable results, while enhancing students’ academic and civic learning; and“(2) support efforts to build institutional capacity, including the training of educators, and to strengthen the service infrastructure to expand service opportunities. “SEC. 111A. DEFINITIONS. “In this part:“(1) State.—The term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.“(2) State educational agency.—The term ‘State educational agency’ means—“(A) a State educational agency (as defined in section 101) of a State; or“(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide entity under section 112(e), that designated statewide entity.123 STAT. 1468 “SEC. 112. ASSISTANCE TO STATES, TERRITORIES, AND INDIAN TRIBES.“(a) Allotments to States, Territories, and Indian Tribes.—The Corporation, in consultation with the Secretary of Education, may make allotments to State educational agencies, territories, and Indian tribes to pay for the Federal share of—“(1) planning and building the capacity within the State, territory, or Indian tribe involved to implement service-learning programs that are based principally in elementary schools and secondary schools, including—“(A) providing training and professional development for teachers, supervisors, personnel from community-based entities (particularly with regard to the recruitment, utilization, and management of participants), and trainers, to be conducted by qualified individuals or organizations that have experience with service-learning;“(B) developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including curricula for an age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences;“(C) forming local partnerships described in paragraph (2) or (4)(D) to develop school-based service-learning programs in accordance with this part;“(D) devising appropriate methods for research on and evaluation of the educational value of service-learning and the effect of service-learning activities on communities;“(E) establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based entities with demonstrated effectiveness in working with school-age youth in their communities; and“(F) establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, throughout the territory, or serving the Indian tribe involved with particular attention to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);“(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, salaries, and benefits of service-learning coordinators, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to projects operated by local partnerships among—“(A) local educational agencies; and“(B) 1 or more community partners that—“(i) shall include a public or private nonprofit organization that—“(I) has a demonstrated expertise in the provision of services to meet unmet human, education, environmental, or public safety needs;“(II) will make projects available for participants, who shall be students; and123 STAT. 1469“(III) was in existence at least 1 year before the date on which the organization submitted an application under section 113; and“(ii) may include a private for-profit business, private elementary school or secondary school, or Indian tribe (except that an Indian tribe distributing funds to a project under this paragraph is not eligible to be part of the partnership operating that project);“(3) planning of school-based service-learning programs, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to local educational agencies and Indian tribes, which planning may include paying for the cost of—“(A) the salaries and benefits of service-learning coordinators; or“(B) the recruitment, training and professional development, supervision, and placement of service-learning coordinators who may be participants in a program under subtitle C or receive a national service educational award under subtitle D, who may be participants in a project under section 201 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5001), or who may participate in a Youthbuild program under section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 2918a),who will identify the community partners described in paragraph (2)(B) and assist in the design and implementation of a program described in paragraph (2);“(4) implementing, operating, or expanding school-based service-learning programs to utilize adult volunteers in service-learning to improve the education of students, through distribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to—“(A) local educational agencies;“(B) Indian tribes (except that an Indian tribe distributing funds under this paragraph is not eligible to be a recipient of those funds);“(C) public or private nonprofit organizations; or“(D) partnerships or combinations of local educational agencies, and entities described in subparagraph (B) or (C); and“(5) developing, as service-learning programs, civic engagement programs that promote a better understanding of—“(A) the principles of the Constitution, the heroes of United States history (including military heroes), and the meaning of the Pledge of Allegiance;“(B) how the Nation’s government functions; and“(C) the importance of service in the Nation’s character.“(b) Duties of Service-Learning Coordinator.—A service-learning coordinator referred to in paragraph (2) or (3) of subsection (a) shall provide services to a local partnership described in subsection (a)(2) or entity described in subsection (a)(3), respectively, that may include—“(1) providing technical assistance and information to, and facilitating the training of, teachers and assisting in the planning, development, execution, and evaluation of service-learning in their classrooms;123 STAT. 1470“(2) assisting local partnerships described in subsection (a)(2) in the planning, development, and execution of service-learning projects, including summer of service programs;“(3) assisting schools and local educational agencies in developing school policies and practices that support the integration of service-learning into the curriculum; and“(4) carrying out such other duties as the local partnership or entity, respectively, may determine to be appropriate.“(c) Related Expenses.—An entity that receives financial assistance under this part from a State, territory, or Indian tribe may, in carrying out the activities described in subsection (a), use such assistance to pay for the Federal share of reasonable costs related to the supervision of participants, program administration, transportation, insurance, and evaluations and for other reasonable expenses related to the activities.“(d) Special Rule.—A State educational agency described in section 111A(2)(A) may designate a statewide entity (which may be a community-based entity) with demonstrated experience in supporting or implementing service-learning programs, to receive the State educational agency’s allotment under this part, and carry out the functions of the agency under this part.“(e) Consultation With Secretary of Education.—The Corporation is authorized to enter into agreements with the Secretary of Education for initiatives (and may use funds authorized under section 501(a)(6) to enter into the agreements if the additional costs of the initiatives are warranted) that may include—“(1) identification and dissemination of research findings on service-learning and scientifically valid research based practices for service-learning; and“(2) provision of professional development opportunities that—“(A) improve the quality of service-learning instruction and delivery for teachers both preservice and in-service, personnel from community-based entities and youth workers; and“(B) create and sustain effective partnerships for service-learning programs between local educational agencies, community-based entities, businesses, and other stakeholders. “SEC. 112A. ALLOTMENTS.“(a) Indian Tribes and Territories.—Of the amounts appropriated to carry out this part for any fiscal year, the Corporation shall reserve an amount of not less than 2 percent and not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs.“(b) Allotments Through States.—“(1) In general.—After reserving an amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for the fiscal year as follows:“(A) Allotments based on school-age youth.—From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the number of school-123 STAT. 1471 age youth in the State bears to the total number of school-age youth in all States.“(B) Allotments based on allocations under elementary and secondary education act of 1965.—From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 percent of such remainder as the allocation to the State for the previous fiscal year under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) bears to the total of such allocations to all States.“(2) Minimum amount.—For any fiscal year for which amounts appropriated for this subtitle exceed $50,000,000, the minimum allotment to each State under paragraph (1) shall be $75,000.“(c) Reallotment.—If the Corporation determines that the allotment of a State, territory, or Indian tribe under this section will not be required for a fiscal year because the State, territory, or Indian tribe did not submit and receive approval of an application for the allotment under section 113, the Corporation shall make the allotment for such State, territory, or Indian tribe available for grants to community-based entities to carry out service-learning programs as described in section 112(b) in such State, in such territory, or for such Indian tribe. After community-based entities apply for grants from the allotment, by submitting an application at such time and in such manner as the Corporation requires, and receive approval, the remainder of such allotment shall be available for reallotment to such other States, territories, or Indian tribes with approved applications submitted under section 113 as the Corporation may determine to be appropriate. “SEC. 113. APPLICATIONS.“(a) Applications to Corporation for Allotments.—“(1) In general.—To be eligible to receive an allotment under section 112A, a State, acting through the State educational agency, territory, or Indian tribe shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Officer may reasonably require, and obtain approval of the application.“(2) Contents.—An application for an allotment under section 112 shall include—“(A) a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will integrate service opportunities into the academic program of the participants;“(B) information about the criteria the State educational agency, territory, or Indian tribe will use to evaluate and grant approval to applications submitted under subsection (b), including an assurance that the State educational agency, territory, or Indian tribe will comply with the requirement in section 114(a);“(C) assurances about the applicant’s efforts to—“(i) ensure that students of different ages, races, sexes, ethnic groups, disabilities, and economic backgrounds have opportunities to serve together;123 STAT. 1472“(ii) include any opportunities for students, enrolled in schools or programs of education providing elementary or secondary education, to participate in service-learning programs and ensure that such service-learning programs include opportunities for such students to serve together;“(iii) involve participants in the design and operation of the programs;“(iv) promote service-learning in areas of greatest need, including low-income or rural areas; and“(v) otherwise integrate service opportunities into the academic program of the participants; and“(D) assurances that the applicant will comply with the nonduplication and nondisplacement requirements of section 177 and the notice, hearing, and grievance procedures required by section 176.“(b) Application to State, Territory, or Indian Tribe for Assistance To Carry Out School-Based Service-Learning Programs.—“(1) In general.—Any—“(A) qualified organization, Indian tribe, territory, local educational agency, for-profit business, private elementary school or secondary school, or institution of higher education that desires to receive financial assistance under this subpart from a State, territory, or Indian tribe for an activity described in section 112(a)(1);“(B) partnership described in section 112(a)(2) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 112(a)(2);“(C) entity described in section 112(a)(3) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section;“(D) entity or partnership described in section 112(a)(4) that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in such section; and“(E) entity that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in section 111(a)(5),shall prepare, submit to the State educational agency for the State, territory, or Indian tribe, and obtain approval of, an application for the program.“(2) Submission.—Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, territory, or Indian tribe may reasonably require. “SEC. 114. CONSIDERATION OF APPLICATIONS.“(a) Criteria for Local Applications.—In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall consider criteria with respect to sustainability, replicability, innovation, and quality of programs.“(b) Priority for Local Applications.—In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 112A(c) applies) shall give priority to entities that submit applications under section 113 123 STAT. 1473 with respect to service-learning programs described in section 111 that are in the greatest need of assistance, such as programs targeting low-income areas or serving economically disadvantaged youth.“(c) Rejection of Applications to Corporation.—If the Corporation rejects an application submitted by a State, territory, or Indian tribe under section 113 for an allotment, the Corporation shall promptly notify the State, territory, or Indian tribe of the reasons for the rejection of the application. The Corporation shall provide the State, territory, or Indian tribe with a reasonable opportunity to revise and resubmit the application and shall provide technical assistance, if needed, to the State, territory, or Indian tribe as part of the resubmission process. The Corporation shall promptly reconsider such resubmitted application. “SEC. 115. PARTICIPATION OF STUDENTS AND TEACHERS FROM PRIVATE SCHOOLS.“(a) In General.—To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision—“(1) for the inclusion of services and arrangements for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the benefits described in this part; and“(2) for the training of the teachers of such students so as to allow for the equitable participation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part.“(b) Waiver.—If a State, territory, Indian tribe, or local educational agency is prohibited by law from providing for the participation of students or teachers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, territory, Indian tribe, or local educational agency substantially fails or is unwilling to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers. “SEC. 116. FEDERAL, STATE, AND LOCAL CONTRIBUTIONS.“(a) Corporation Share.—“(1) In general.—The Corporation share of the cost of carrying out a program for which a grant is made from an allotment under this part—“(A) for new grants may not exceed 80 percent of the total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for each remaining year; and“(B) for continuing grants, may not exceed 50 percent of the total cost of the program.“(2) Noncorporation contribution.—In providing for the remaining share of the cost of carrying out such a program, each recipient of such a grant under this part—123 STAT. 1474“(A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services;“(B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and“(C) may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).“(b) Waiver.—The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level. “SEC. 117. LIMITATIONS ON USES OF FUNDS. “Not more than 6 percent of the amount of assistance received by a State, territory, or Indian tribe that is the original recipient of an allotment under this part for a fiscal year may be used to pay, in accordance with such standards as the Corporation may issue, for administrative costs, incurred by that recipient.” .