§ 6314. Schoolwide programs
(a)
Use of funds for schoolwide programs
(1)
In general
A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.
(2)
Identification of students not required
(A)
In general
No school participating in a schoolwide program shall be required—
(B)
Supplemental funds
A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children with limited English proficiency.
(3)
Exemption from statutory and regulatory requirements
(A)
Exemption
Except as provided in subsection (b) of this section, the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], except as provided in section 613(a)(2)(D) of such Act [20 U.S.C. 1413
(a)(2)(D)]), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.
(B)
Requirements
A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs.
(C)
Records
A school that consolidates and uses funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.
(4)
Professional development
Each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection (b)(1)(D) of this section in accordance with section
6319 of this title for such fiscal year, except that a school may enter into a consortium with another school to carry out such activities.
(b)
Components of a schoolwide program
(1)
In general
A schoolwide program shall include the following components:
(A)
A comprehensive needs assessment of the entire school (including taking into account the needs of migratory children as defined in section
6399
(2) of this title) that is based on information which includes the achievement of children in relation to the State academic content standards and the State student academic achievement standards described in section
6311
(b)(1) of this title.
(B)
Schoolwide reform strategies that—
(i)
provide opportunities for all children to meet the State’s proficient and advanced levels of student academic achievement described in section
6311
(b)(1)(D) of this title;
(ii)
use effective methods and instructional strategies that are based on scientifically based research that—
(iii)
(I)
include strategies to address the needs of all children in the school, but particularly the needs of low-achieving children and those at risk of not meeting the State student academic achievement standards who are members of the target population of any program that is included in the schoolwide program, which may include—
(D)
In accordance with section
6319 of this title and subsection (a)(4) of this section, high-quality and ongoing professional development for teachers, principals, and paraprofessionals and, if appropriate, pupil services personnel, parents, and other staff to enable all children in the school to meet the State’s student academic achievement standards.
(F)
Strategies to increase parental involvement in accordance with section
6318 of this title, such as family literary services.
(G)
Plans for assisting preschool children in the transition from early childhood programs, such as Head Start, Even Start, Early Reading First, or a State-run preschool program, to local elementary school programs.
(H)
Measures to include teachers in the decisions regarding the use of academic assessments described in section
6311
(b)(3) of this title in order to provide information on, and to improve, the achievement of individual students and the overall instructional program.
(I)
Activities to ensure that students who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section
6311
(b)(1) of this title shall be provided with effective, timely additional assistance which shall include measures to ensure that students’ difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance.
(2)
Plan
(A)
In general
Any eligible school that desires to operate a schoolwide program shall first develop (or amend a plan for such a program that was in existence on the day before January 8, 2002), in consultation with the local educational agency and its school support team or other technical assistance provider under section
6317 of this title, a comprehensive plan for reforming the total instructional program in the school that—
(ii)
describes how the school will use resources under this part and from other sources to implement those components;
(B)
Plan development
The comprehensive plan shall be—
(i)
developed during a one-year period, unless—
(I)
the local educational agency, after considering the recommendation of the technical assistance providers under section
6317 of this title, determines that less time is needed to develop and implement the schoolwide program; or
(ii)
developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, and administrators (including administrators of programs described in other parts of this subchapter), and, if appropriate, pupil services personnel, technical assistance providers, school staff, and, if the plan relates to a secondary school, students from such school;
(iii)
in effect for the duration of the school’s participation under this part and reviewed and revised, as necessary, by the school;
(c)
Prekindergarten program
A school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6, such as Even Start programs or Early Reading First programs.