Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 2 — Local Agency Programs

SEC. 1421  |  SEC. 1422  |  SEC. 1423  |  SEC. 1424  |  SEC. 1425  |  SEC. 1426  |  SEC. 1431  |  SEC. 1432

SEC. 1421. PURPOSE.

    The purpose of this subpart is to support the operation of local educational agency programs that involve collaboration with locally operated correctional facilities —

      (1) to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;

      (2) to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment; and

      (3) to operate programs in local schools for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth.

SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

    (a) LOCAL SUBGRANTS- With funds made available under section 1402(b), the State educational agency shall award subgrants to local educational agencies with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including facilities involved in community day programs).

    (b) SPECIAL RULE- A local educational agency that serves a school operated by a correctional facility is not required to operate a program of support for children and youth returning from such school to a school that is not operated by a correctional agency but served by such local educational agency, if more than 30 percent of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local educational agency after leaving such facility.

    (c) NOTIFICATION- A State educational agency shall notify local educational agencies within the State of the eligibility of such agencies to receive a subgrant under this subpart.

    (d) TRANSITIONAL AND ACADEMIC SERVICES- Transitional and supportive programs operated in local educational agencies under this subpart shall be designed primarily to meet the transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not have a negative impact on meeting the transitional and academic needs of the students returning from correctional facilities.

SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    Each local educational agency desiring assistance under this subpart shall submit an application to the State educational agency that contains such information as the State educational agency may require. Each such application shall include —

      (1) a description of the program to be assisted;

      (2) a description of formal agreements, regarding the program to be assisted, between —

        (A) the local educational agency; and

        (B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system;

      (3) as appropriate, a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend;

      (4) a description of the program operated by participating schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth;

      (5) a description of the characteristics (including learning difficulties, substance abuse problems, and other special needs) of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth;

      (6) as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet the needs of students returning from correctional facilities, at-risk children or youth, and other participating children or youth, including prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility;

      (7) as appropriate, a description of any partnerships with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring services for participating students;

      (8) as appropriate, a description of how the program will involve parents in efforts to improve the educational achievement of their children, assist in dropout prevention activities, and prevent the involvement of their children in delinquent activities;

      (9) a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105-220 and vocational and technical education programs serving at-risk children and youth;

      (10) a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable;

      (11) as appropriate, a description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correctional facilities;

      (12) a description of the efforts participating schools will make to ensure correctional facilities working with children and youth are aware of a child's or youth's existing individualized education program; and

      (13) as appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a regular public school program.

SEC. 1424. USES OF FUNDS.

    Funds provided to local educational agencies under this subpart may be used, as appropriate, for —

      (1) programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education;

      (2) dropout prevention programs which serve at-risk children and youth, including pregnant and parenting teens, children and youth who have come in contact with the juvenile justice system, children and youth at least 1 year behind their expected grade level, migrant youth, immigrant youth, students with limited English proficiency, and gang members;

      (3) the coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education;

      (4) special programs to meet the unique academic needs of participating children and youth, including vocational and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and

      (5) programs providing mentoring and peer mediation.

SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION.

    Each correctional facility entering into an agreement with a local educational agency under section 1423(2) to provide services to children and youth under this subpart shall —

      (1) where feasible, ensure that educational programs in the correctional facility are coordinated with the student's home school, particularly with respect to a student with an individualized education program under part B of the Individuals with Disabilities Education Act;

      (2) if the child or youth is identified as in need of special education services while in the correctional facility, notify the local school of the child or youth of such need;

      (3) where feasible, provide transition assistance to help the child or youth stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling;

      (4) provide support programs that encourage children and youth who have dropped out of school to reenter school once their term at the correctional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a secondary school diploma or its recognized equivalent;

      (5) work to ensure that the correctional facility is staffed with teachers and other qualified staff who are trained to work with children and youth with disabilities taking into consideration the unique needs of such children and youth;

      (6) ensure that educational programs in the correctional facility are related to assisting students to meet high academic achievement standards;

      (7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and the community school;

      (8) where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the further involvement of such children in delinquent activities;

      (9) coordinate funds received under this subpart with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105-220, and vocational and technical education funds;

      (10) coordinate programs operated under this subpart with activities funded under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable; and

      (11) if appropriate, work with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for children and youth.

SEC. 1426. ACCOUNTABILITY.

    The State educational agency may —

      (1) reduce or terminate funding for projects under this subpart if a local educational agency does not show progress in reducing dropout rates for male students and for female students over a 3-year period; and

      (2) require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a secondary school diploma or its recognized equivalent, or obtaining employment after such children and youth are released.

Subpart 3 — General Provisions

SEC. 1431. PROGRAM EVALUATIONS.

    (a) SCOPE OF EVALUATION- Each State agency or local educational agency that conducts a program under subpart 1 or 2 shall evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, not less than once every 3 years, to determine the program's impact on the ability of participants —

      (1) to maintain and improve educational achievement;

      (2) to accrue school credits that meet State requirements for grade promotion and secondary school graduation;

      (3) to make the transition to a regular program or other education program operated by a local educational agency;

      (4) to complete secondary school (or secondary school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and

      (5) as appropriate, to participate in postsecondary education and job training programs.

    (b) EXCEPTION- The disaggregation required under subsection (a) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

    (c) EVALUATION MEASURES- In conducting each evaluation under subsection (a), a State agency or local educational agency shall use multiple and appropriate measures of student progress.

    (d) EVALUATION RESULTS- Each State agency and local educational agency shall —

      (1) submit evaluation results to the State educational agency and the Secretary; and

      (2) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth.

SEC. 1432. DEFINITIONS.

    In this part:

      (1) ADULT CORRECTIONAL INSTITUTION- The term adult correctional institution' means a facility in which persons (including persons under 21 years of age) are confined as a result of a conviction for a criminal offense.

      (2) AT-RISK- The term at-risk', when used with respect to a child, youth, or student, means a school aged individual who is at-risk of academic failure, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system in the past, is at least 1 year behind the expected grade level for the age of the individual, has limited English proficiency, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school.

      (3) COMMUNITY DAY PROGRAM- The term community day program' means a regular program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent children and youth.

      (4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN AND YOUTH- The term institution for neglected or delinquent children and youth' means —

        (A) a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or

        (B) a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision.


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Last Modified: 09/15/2004