Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Part C — Magnet Schools Assistance

SEC. 5301  |  SEC. 5302  |  SEC. 5303  |  SEC. 5304  |  SEC. 5305  |  SEC. 5306
SEC. 5307  |  SEC. 5308  |  SEC. 5309  |  SEC. 5310  |  SEC. 5311

SEC. 5301. FINDINGS AND PURPOSE.

    (a) FINDINGS- Congress makes the following findings:

      (1) Magnet schools are a significant part of the Nation's effort to achieve voluntary desegregation in our Nation's schools.

      (2) The use of magnet schools has increased dramatically since the inception of the magnet schools assistance program under this Act, with approximately 2,000,000 students nationwide attending such schools, of whom more than 65 percent are non-white.

      (3) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement efforts.

      (4) It is in the best interests of the United States —

        (A) to continue the Federal Government's support of local educational agencies that are implementing court-ordered desegregation plans and local educational agencies that are voluntarily seeking to foster meaningful interaction among students of different racial and ethnic backgrounds, beginning at the earliest stage of such students' education;

        (B) to ensure that all students have equitable access to a high quality education that will prepare all students to function well in a technologically oriented and a highly competitive economy comprised of people from many different racial and ethnic backgrounds; and

        (C) to continue to desegregate and diversify schools by supporting magnet schools, recognizing that segregation exists between minority and nonminority students as well as among students of different minority groups.

      (5) Desegregation efforts through magnet school programs are a significant part of our Nation's effort to achieve voluntary desegregation in schools and help to ensure equal educational opportunities for all students.

    (b) PURPOSE- The purpose of this part is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies for —

      (1) the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegregation in public schools;

      (2) the development and implementation of magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet challenging State academic content standards and student academic achievement standards;

      (3) the development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public secondary schools and public educational programs;

      (4) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable vocational, technological, and professional skills of students attending such schools;

      (5) improving the capacity of local educational agencies, including through professional development, to continue operating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and

      (6) ensuring that all students enrolled in the magnet school programs have equitable access to high quality education that will enable the students to succeed academically and continue with postsecondary education or productive employment.

SEC. 5302. DEFINITION.

    For the purpose of this part, the term magnet school' means a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds.

SEC. 5303. PROGRAM AUTHORIZED.

    The Secretary, in accordance with this part, is authorized to award grants to eligible local educational agencies, and consortia of such agencies where appropriate, to carry out the purpose of this part for magnet schools that are —

      (1) part of an approved desegregation plan; and

      (2) designed to bring students from different social, economic, ethnic, and racial backgrounds together.

SEC. 5304. ELIGIBILITY.

    A local educational agency, or consortium of such agencies where appropriate, is eligible to receive a grant under this part to carry out the purpose of this part if such agency or consortium —

      (1) is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or

      `(2) without having been required to do so, has adopted and is implementing, or will, if a grant is awarded to such local educational agency, or consortium of such agencies, under this part, adopt and implement a plan that has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority-group-segregated children or faculty in such schools.

SEC. 5305. APPLICATIONS AND REQUIREMENTS.

    (a) APPLICATIONS- An eligible local educational agency, or consortium of such agencies, desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may reasonably require.

    (b) INFORMATION AND ASSURANCES- Each application submitted under subsection (a) shall include —

      (1) a description of —

        (A) how a grant awarded under this part will be used to promote desegregation, including how the proposed magnet school programs will increase interaction among students of different social, economic, ethnic, and racial backgrounds;

        (B) the manner and extent to which the magnet school program will increase student academic achievement in the instructional area or areas offered by the school;

        (C) how the applicant will continue the magnet school program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this part cannot be continued without the use of grant funds under this part;

        (D) how grant funds under this part will be used —

          (i) to improve student academic achievement for all students attending the magnet school programs; and

          (ii) to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; and

        (E) the criteria to be used in selecting students to attend the proposed magnet school program; and

      (2) assurances that the applicant will —

        (A) use grant funds under this part for the purposes specified in section 5301(b);

        (B) employ highly qualified teachers in the courses of instruction assisted under this part;

        (C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in —

          (i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility;

          (ii) the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and

          (iii) designing or operating extracurricular activities for students;

        (D) carry out a high-quality education program that will encourage greater parental decisionmaking and involvement; and

        (E) give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students.

    (c) SPECIAL RULE- No grant shall be awarded under this part unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be met.

SEC. 5306. PRIORITY.

    In awarding grants under this part, the Secretary shall give priority to applicants that —

      (1) demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought;

      (2) propose to carry out new magnet school programs, or significantly revise existing magnet school programs; and

      (3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination.

SEC. 5307. USE OF FUNDS.

    (a) IN GENERAL- Grant funds made available under this part may be used by an eligible local educational agency, or consortium of such agencies —

      (1) for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools;

      (2) for the acquisition of books, materials, and equipment, including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools;

      (3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers who are highly qualified, and instructional staff where applicable, who are necessary to conduct programs in magnet schools;

      (4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that —

        (A) are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; and

        (B) further the purpose of this part;

      (5) for activities, which may include professional development, that will build the recipient's capacity to operate magnet school programs once the grant period has ended;

      (6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program; and

      (7) to enable the local educational agency, or consortium of such agencies, to have flexibility in designing magnet schools for students in all grades.

    (b) SPECIAL RULE- Grant funds under this part may be used for activities described in paragraphs (2) and (3) of subsection (a) only if the activities are directly related to improving student academic achievement based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and professional skills.

SEC. 5308. PROHIBITION.

    Grants under this part may not be used for transportation or any activity that does not augment academic improvement.

SEC. 5309. LIMITATIONS.

    (a) DURATION OF AWARDS- A grant under this part shall be awarded for a period that shall not exceed 3 fiscal years.

    (b) LIMITATION ON PLANNING FUNDS- A local educational agency, or consortium of such agencies, may expend for planning (professional development shall not be considered to be planning for purposes of this subsection) not more than 50 percent of the grant funds received under this part for the first year of the program and not more than 15 percent of such funds for each of the second and third such years.

    (c) AMOUNT- No local educational agency, or consortium of such agencies, awarded a grant under this part shall receive more than $4,000,000 under this part for any 1 fiscal year.

    (d) TIMING- To the extent practicable, the Secretary shall award grants for any fiscal year under this part not later than July 1 of the applicable fiscal year.

SEC. 5310. EVALUATIONS.

    (a) RESERVATION- The Secretary may reserve not more than 2 percent of the funds appropriated under section 5311(a) for any fiscal year to carry out evaluations, provide technical assistance, and carry out dissemination projects with respect to magnet school programs assisted under this part.

    (b) CONTENTS- Each evaluation described in subsection (a), at a minimum, shall address —

      (1) how and the extent to which magnet school programs lead to educational quality and improvement;

      (2) the extent to which magnet school programs enhance student access to a high quality education;

      (3) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and

      (4) the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs.

    (c) DISSEMINATION- The Secretary shall collect and disseminate to the general public information on successful magnet school programs.

SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

    (a) AUTHORIZATION- For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

    (b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY ASSISTED- In any fiscal year for which the amount appropriated pursuant to subsection (a) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part in the preceding fiscal year.


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Last Modified: 09/15/2004