TITLE 20 - US CODE - SUBCHAPTER II - MATHEMATICS

20 USC 9851 - Math Now for elementary school and middle school students program

(a) Purpose 
The purpose of this section is to enable all students to reach or exceed grade-level academic achievement standards and to prepare the students to enroll in and pass algebra courses by
(1) improving instruction in mathematics for students in kindergarten through grade 9 through the implementation of mathematics programs and the support of comprehensive mathematics initiatives that are research-based and reflect a demonstrated record of effectiveness; and
(2) providing targeted help to low-income students who are struggling with mathematics and whose achievement is significantly below grade level.
(b) Definition of eligible local educational agency 
In this section, the term eligible local educational agency means a high-need local educational agency (as defined in section 9812 (3) of this title) serving 1 or more schools
(1) with significant numbers or percentages of students whose mathematics skills are below grade level;
(2) that are not making adequate yearly progress in mathematics under section 6311 (b)(2) of this title; or
(3) in which students are receiving instruction in mathematics from teachers who do not have mathematical content knowledge or expertise in the teaching of mathematics.
(c) Program authorized 

(1) In general 
From the amounts appropriated under subsection (k) for any fiscal year, the Secretary is authorized to award grants, on a competitive basis, for a period of 3 years, to State educational agencies to enable the State educational agencies to award grants to eligible local educational agencies to carry out the activities described in subsection (e) for students in any of the grades kindergarten through grade 9.
(2) Priority 
In awarding grants under this section, the Secretary shall give priority to applications for projects that will implement statewide strategies for improving mathematics instruction and raising the mathematics achievement of students, particularly students in grades 4 through 8.
(d) State uses of funds 

(1) In general 
Each State educational agency that receives a grant under this section for a fiscal year
(A) shall expend not more than a total of 10 percent of the grant funds to carry out the activities described in paragraph (2) or (3) for the fiscal year; and
(B) shall use not less than 90 percent of the grant funds to award grants, on a competitive basis, to eligible local educational agencies to enable the eligible local educational agencies to carry out the activities described in subsection (e) for the fiscal year.
(2) Mandatory uses of funds 
A State educational agency shall use the grant funds made available under paragraph (1)(A) to carry out each of the following activities:
(A) Planning and administration 
Planning and administration, including
(i) evaluating applications from eligible local educational agencies using peer review teams described in subsection (f)(1)(D);
(ii) administering the distribution of grants to eligible local educational agencies; and
(iii) assessing and evaluating, on a regular basis, eligible local educational agency activities assisted under this section, with respect to whether the activities have been effective in increasing the number of students
(I) making progress toward meeting grade-level mathematics achievement; and
(II) meeting or exceeding grade-level mathematics achievement.
(B) Reporting 
Annually providing the Secretary with a report on the implementation of this section as described in subsection (i).
(3) Permissive uses of funds; technical assistance 

(A) In general 
A State educational agency may use the grant funds made available under paragraph (1)(A) for 1 or more of the following technical assistance activities that assist an eligible local educational agency, upon request by the eligible local educational agency, in accomplishing the tasks required to design and implement a project under this section, including assistance in
(i) implementing mathematics programs or comprehensive mathematics initiatives that are research-based and reflect a demonstrated record of effectiveness;
(ii) evaluating and selecting diagnostic and classroom based instructional mathematics assessments; and
(iii) identifying eligible professional development providers to conduct the professional development activities described in subsection (e)(1)(B).
(B) Guidance 
The technical assistance described in subparagraph (A) shall be guided by researchers with expertise in the pedagogy of mathematics, mathematicians, and mathematics educators from high-risk, high-achievement schools and eligible local educational agencies.
(e) Local uses of funds 

(1) Mandatory uses of funds 
Each eligible local educational agency receiving a grant under this section shall use the grant funds to carry out each of the following activities for students in any of the grades kindergarten through grade 9:
(A) To implement mathematics programs or comprehensive mathematics initiatives
(i) for students in the grades of a participating school as identified in the application submitted under subsection (f)(2)(B); and
(ii) that are research-based and reflect a demonstrated record of effectiveness.
(B) To provide professional development and instructional leadership activities for teachers and, if appropriate, for administrators and other school staff, on the implementation of comprehensive mathematics initiatives designed
(i) to improve the achievement of students performing significantly below grade level;
(ii) to improve the mathematical content knowledge of the teachers, administrators, and other school staff;
(iii) to increase the use of effective instructional practices; and
(iv) to monitor student progress.
(C) To conduct continuous progress monitoring, which may include the adoption and use of assessments that
(i) measure student progress and identify areas in which students need help in learning mathematics; and
(ii) reflect mathematics content that is consistent with State academic achievement standards in mathematics described in section 6311 (b) of this title.
(2) Permissive uses of funds 
An eligible local educational agency may use grant funds under this section to
(A) adopt and use mathematics instructional materials and assessments;
(B) implement classroom-based assessments, including diagnostic or formative assessments;
(C) provide remedial coursework and interventions for students, which may be provided before or after school;
(D) provide small groups with individualized instruction in mathematics;
(E) conduct activities designed to improve the content knowledge and expertise of teachers, such as the use of a mathematics coach, enrichment activities, and interdisciplinary methods of mathematics instruction; and
(F) collect and report performance data.
(f) Applications 

(1) State educational agency 
Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall include
(A) an assurance that the core mathematics instructional program, supplemental instructional materials, and intervention programs used by the eligible local educational agencies for the project, are research-based and reflect a demonstrated record of effectiveness and are aligned with State academic achievement standards;
(B) an assurance that eligible local educational agencies will meet the requirements described in paragraph (2);
(C) an assurance that local applications will be evaluated using a peer review process;
(D) a description of the qualifications of the peer review teams, which shall consist of
(i) researchers with expertise in the pedagogy of mathematics;
(ii) mathematicians; and
(iii) mathematics educators serving high-risk, high-achievement schools and eligible local educational agencies; and
(E) an assurance that the State has a process to safeguard against conflicts of interest consistent with subsection (j)(2) and section 9854 of this title for individuals providing technical assistance on behalf of the State educational agency or participating in the State peer review process under this subchapter.
(2) Eligible local educational agency 
Each eligible local educational agency desiring a grant under this section shall submit an application to the State educational agency at such time and in such manner as the State educational agency may require. Each application shall include
(A) an assurance that the eligible local educational agency will provide assistance to 1 or more schools that are
(i) served by the eligible local educational agency; and
(ii) described in subsection (b);
(B) a description of the grades, and of the schools, that will be served;
(C) information, on an aggregate basis, on each school to be served by the project, including such demographic, socioeconomic, and mathematics achievement data as the State educational agency may request;
(D) a description of the core mathematics instructional program, supplemental instructional materials, and intervention programs or strategies that will be used for the project, including an assurance that the programs or strategies are research-based and reflect a demonstrated record of effectiveness and are aligned with State academic achievement standards;
(E) a description of the activities that will be carried out under the grant, including a description of the professional development that will be provided to teachers, and, if appropriate, administrators and other school staff, and a description of how the activities will support achievement of the purpose of this section;
(F) an assurance that the eligible local educational agency will report to the State educational agency all data on student academic achievement that is necessary for the State educational agencys report under subsection (i);
(G) a description of the eligible entitys plans for evaluating the impact of professional development and leadership activities in mathematics on the content knowledge and expertise of teachers, administrators, or other school staff; and
(H) any other information the State educational agency may reasonably require.
(g) Prohibitions 

(1) In general 
In implementing this section, the Secretary shall not
(A) endorse, approve, or sanction any mathematics curriculum designed for use in any school; or
(B) engage in oversight, technical assistance, or activities that will require the adoption of a specific mathematics program or instructional materials by a State, local educational agency, or school.
(2) Rule of construction 
Nothing in this subchapter shall be construed to authorize or permit the Department of Education, or a Department of Education contractor, to mandate, direct, control, or suggest the selection of a mathematics curriculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school.
(h) Matching requirements 

(1) State educational agency 
A State educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant, of which not more than 20 percent of such 50 percent may be provided by local educational agencies within the State.
(2) Waiver 
The Secretary may waive all of or a portion of the matching requirement described in paragraph (1) for any fiscal year, if the Secretary determines that
(A) the application of the matching requirement will result in serious hardship for the State educational agency; or
(B) providing a waiver best serves the purpose of the program assisted under this section.
(i) Program performance and accountability 

(1) Information 
Each State educational agency receiving a grant under this section shall collect and report to the Secretary annually such information on the results of the grant as the Secretary may reasonably require, including information on
(A) mathematics achievement data that show the progress of students participating in projects under this section (including, to the extent practicable, comparable data from students not participating in such projects), based primarily on the results of State, school district wide, or classroom-based, assessments, including
(i) specific identification of those schools and eligible local educational agencies that report the largest gains in mathematics achievement; and
(ii) evidence on whether the State educational agency and eligible local educational agencies within the State have
(I) significantly increased the number of students achieving at grade level or above in mathematics;
(II) significantly increased the percentages of students described in section 6311 (b)(2)(C)(v)(II) of this title who are achieving at grade level or above in mathematics;
(III) significantly increased the number of students making significant progress toward meeting grade-level mathematics achievement standards; and
(IV) successfully implemented this section;
(B) the percentage of students in the schools served by the eligible local educational agency who enroll in algebra courses and the percentage of such students who pass algebra courses; and
(C) the progress made in increasing the quality and accessibility of professional development and leadership activities in mathematics, especially activities resulting in greater content knowledge and expertise of teachers, administrators, and other school staff, except that the Secretary shall not require such information until after the third year of a grant awarded under this section.
(2) Reporting and disaggregation 
The information required under paragraph (1) shall be
(A) reported in a manner that allows for a comparison of aggregated score differentials of student academic achievement before (to the extent feasible) and after implementation of the project assisted under this section; and
(B) disaggregated in the same manner as information is disaggregated under section 6311 (h)(1)(C)(i) of this title.
(3) Privacy protection 
The data in the report shall be reported in a manner that
(A) protects the privacy of individuals; and
(B) complies with the requirements of section 1232g of this title (commonly known as the Family Educational Rights and Privacy Act of 1974).
(j) Evaluation and technical assistance 

(1) Evaluation 

(A) In general 
The Secretary shall conduct an annual independent evaluation, by grant or by contract, of the program assisted under this section, which shall include an assessment of the impact of the program on student academic achievement and teacher performance, and may use funds available to carry out this section to conduct the evaluation.
(B) Report 
The Secretary shall annually submit, to the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, a report on the results of the evaluation.
(C) Limitations 

(i) In general The Secretary shall ensure that the organization selected to carry out the independent evaluation under subparagraph (A) does not hold a contract or subcontract to implement any aspect of the program under this section.
(ii) Subcontractors Any contract entered into under subparagraph (A) shall prohibit the organization conducting the evaluation from subcontracting with any entity that holds a contract or subcontract for any aspect of the implementation of this section.
(iii) Waiver Subject to clause (iv), the Secretary may waive the application of clause (i) or (ii), or both, in accordance with the requirements under section 9.503 of title 48, Code of Federal Regulations, if the Secretary determines that their application in a particular situation would not be in the Federal Governments interest.
(iv) Special rule regarding waivers No organization or subcontractor under this paragraph shall receive a waiver that allows the organization or subcontractor to evaluate any aspect of the program under this section that the organization or subcontractor was involved in implementing.
(2) Technical assistance 

(A) In general 
The Secretary may use funds made available under paragraph (3) to provide technical assistance to prospective applicants and to eligible local educational agencies receiving a grant under this section.
(B) Conflicts of interest 
If the Secretary carries out subparagraph (A) through any contracts, the Secretary, in consultation with the Office of the General Counsel of the Department, shall ensure that each contract requires the contractor to
(i) screen for conflicts of interest when hiring individuals to carry out the responsibilities under the contract;
(ii) include the requirement of clause (i) in any subcontracts the contractor enters into under the contract; and
(iii) establish and follow a schedule for carrying out clause (i) and subparagraph (C) and reporting to the Secretary on the contractors actions under those provisions.
(C) Screening process 
Subject to subparagraph (D), the screening process described in subparagraph (B)(i) shall
(i) include, at a minimum, a review of
(I) each individual performing duties under the contract or subcontract for connections to any States program under this section;
(II) such individuals potential financial interests in, or other connection to, products, activities, or services that might be purchased by a State educational agency or local educational agency in the course of the agencys implementation of the program under this section; and
(III) such individuals connections to teaching methodologies that might require the use of specific products, activities, or services; and
(ii) ensure that individuals performing duties under the contract do not maintain significant financial interests in products, activities, or services supported under this section.
(D) Waiver 

(i) In general The Secretary may, in consultation with the Office of the General Counsel of the Department, waive the requirements of subparagraph (C).
(ii) Report The Secretary shall
(I) establish criteria for the waivers under clause (i); and
(II) report any waivers under clause (i), and the criteria under which such waivers are allowed, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(E) Information dissemination 

(i) In general If the Secretary enters into contracts to provide technical assistance under subparagraph (A), and if a contractor enters into subcontracts for that purpose, each such contract and subcontract shall require the provider of technical assistance to clearly separate technical assistance provided under the contract or subcontract from information provided, or activities engaged in, as part of the normal operations of the contractor or subcontractor.
(ii) Methods of compliance Efforts to comply with clause (i) may include the creation of separate webpages for the purpose of fulfilling a contract or subcontract entered into under subparagraph (A).
(3) Reservation of funds 
The Secretary may reserve not more than 2.5 percent of funds appropriated under subsection (k) for a fiscal year to carry out this subsection.
(k) Authorization of appropriations 
There are authorized to be appropriated to carry out this section $95,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years.

20 USC 9852 - Summer term education programs

(a) Purpose 
The purpose of this section is to create opportunities for summer learning by providing students with access to summer learning in mathematics, technology, and problem-solving to ensure that students do not experience learning losses over the summer and to remedy, reinforce, and accelerate the learning of mathematics and problem-solving.
(b) Definitions 
In this section:
(1) Eligible entity 
The term eligible entity means an entity that
(A) desires to participate in a summer learning grant program under this section by providing summer learning opportunities described in subsection (d)(4)(A)(ii) to eligible students; and
(B) is
(i) a high-need local educational agency; or
(ii) a consortium consisting of a high-need local educational agency and 1 or more of the following entities:
(I) Another local educational agency.
(II) A community-based youth development organization with a demonstrated record of effectiveness in helping students learn.
(III) An institution of higher education.
(IV) An educational service agency.
(V) A for-profit educational provider, nonprofit">nonprofit organization, science center, museum, or summer enrichment camp, that has been approved by the State educational agency to provide the summer learning opportunity described in subsection (d)(4)(A)(ii).
(2) Eligible student 
The term eligible student means a student who
(A) is eligible for a free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) is served by a local educational agency identified by the State educational agency in the application described in subsection (c)(2).
(3) High-need local educational agency 
The term high-need local educational agency has the meaning given the term in section 9812 of this title.
(c) Demonstration grant program 

(1) Program authorized 

(A) In general 
From the funds appropriated under subsection (f) for a fiscal year, the Secretary shall carry out a demonstration grant program in which the Secretary awards grants, on a competitive basis, to State educational agencies to enable the State educational agencies to pay the Federal share of summer learning grants for eligible students.
(B) Number of grants 
For each fiscal year, the Secretary shall award not more than 5 grants under this section.
(2) Application 
A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall identify the areas in the State where the summer learning grant program will be offered and the local educational agencies that serve such areas.
(3) Award basis 

(A) Special consideration 
In awarding grants under this section, the Secretary shall give special consideration to a State educational agency that agrees, to the extent possible, to enter into agreements with eligible entities that are consortia described in subsection (b)(1)(B)(ii) and that proposes to target services to children in grades kindergarten through grade 8.
(B) Geographic distribution 
In awarding grants under this section, the Secretary shall take into consideration an equitable geographic distribution of the grants.
(d) Summer learning grants 

(1) Use of grants for summer learning grants 

(A) In general 
Each State educational agency that receives a grant under subsection (c) for a fiscal year shall use the grant funds to provide summer learning grants for the fiscal year to eligible students in the State who desire to attend a summer learning opportunity offered by an eligible entity that enters into an agreement with the State educational agency under paragraph (4)(A).
(B) Amount; Federal and non-Federal shares 

(i) Amount The amount of a summer learning grant provided under this section shall be
(I) for each of the fiscal years 2008 through 2011, $1,600; and
(II) for fiscal year 2012, $1,800.
(ii) Federal share The Federal share of each summer learning grant shall be not more than 50 percent of the amount of the summer learning grant determined under clause (i).
(iii) Non-Federal share The non-Federal share of each summer learning grant shall be not less than 50 percent of the amount of the summer learning grant determined under clause (i), and shall be provided from non-Federal sources.
(2) Designation of summer scholars 
Eligible students who receive summer learning grants under this section shall be known as summer scholars.
(3) Selection of summer learning opportunity 

(A) Dissemination of information 
A State educational agency that receives a grant under subsection (c) shall disseminate information about summer learning opportunities and summer learning grants to the families of eligible students in the State.
(B) Application 
The parents of an eligible student who are interested in having their child participate in a summer learning opportunity and receive a summer learning grant shall submit an application to the State educational agency that includes a ranked list of preferred summer learning opportunities.
(C) Process 
A State educational agency that receives an application under subparagraph (B) shall
(i) process such application;
(ii) determine whether the eligible student shall receive a summer learning grant;
(iii) coordinate the assignment of eligible students receiving summer learning grants with summer learning opportunities; and
(iv) if demand for a summer learning opportunity exceeds capacity, the State educational agency shall[1] prioritize applications to low-achieving eligible students.
(D) Flexibility 
A State educational agency may assign a summer scholar to a summer learning opportunity program that is offered in an area served by a local educational agency that is not the local educational agency serving the area where such scholar resides.
(E) Requirement of acceptance 
An eligible entity shall accept, enroll, and provide the summer learning opportunity of such entity to, any summer scholar assigned to such summer learning opportunity by a State educational agency pursuant to this subsection.
(4) Agreement with eligible entity 

(A) In general 
A State educational agency shall enter into an agreement with one or more eligible entities offering a summer learning opportunity, under which
(i) the State educational agency shall agree to make payments to the eligible entity, in accordance with subparagraph (B), for a summer scholar; and
(ii) the eligible entity shall agree to provide the summer scholar with a summer learning opportunity that
(I) provides a total of not less than the equivalent of 30 full days of instruction (or not less than the equivalent of 25 full days of instruction, if the equivalent of an additional 5 days is devoted to field trips or other enrichment opportunities) to the summer scholar;
(II) employs small-group, research-based educational programs, materials, curricula, and practices;
(III) provides a curriculum that
(aa) emphasizes mathematics, technology, engineering, and problem-solving through experiential learning opportunities;
(bb) is primarily designed to increase the numeracy and problem-solving skills of the summer scholar; and
(cc) is aligned with State academic content standards and goals of the local educational agency serving the summer scholar;
(IV) measures student progress to determine the gains made by summer scholars in the summer learning opportunity, and disaggregates the results of such progress for summer scholars by race and ethnicity, economic status, limited English proficiency status, and disability status, in order to determine the opportunitys impact on each subgroup of summer scholars;
(V) collects daily attendance data on each summer scholar;
(VI) provides professional development opportunities for teachers to improve their practice in teaching numeracy, and in integrating problem-solving techniques into the curriculum; and
(VII) meets all applicable Federal, State, and local civil rights laws.
(B) Amount of payment 

(i) In general Except as provided in clause (ii), a State educational agency shall make a payment to an eligible entity for a summer scholar in the amount determined under paragraph (1)(B)(i).
(ii) Adjustment In the case in which a summer scholar does not attend the full summer learning opportunity, the State educational agency shall reduce the amount provided to the eligible entity pursuant to clause (i) by a percentage that is equal to the percentage of the summer learning opportunity not attended by such scholar.
(5) Administrative costs 
A State educational agency or eligible entity receiving funding under this section may use not more than 5 percent of such funding for administrative costs associated with carrying out this section.
(e) Evaluations; report; website 

(1) Evaluation and assessment 
For each year that an eligible entity enters into an agreement under subsection (d)(4), the eligible entity shall prepare and submit to the Secretary a report on the activities and outcomes of each summer learning opportunity that enrolled a summer scholar, including
(A) information on the design of the summer learning opportunity;
(B) the alignment of the summer learning opportunity with State standards; and
(C) data from assessments of student mathematics and problem-solving skills for the summer scholars and on the attendance of the scholars, disaggregated by the subgroups described in subsection (d)(4)(A)(ii)(IV).
(2) Report 
For each year funds are appropriated under subsection (f) for this section, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the summer learning grant programs, including the effectiveness of the summer learning opportunities in improving student achievement and learning.
(3) Summer learning grants website 
The Secretary shall make accessible, on the Department of Education website, information for parents and school personnel on successful programs and curricula, and best practices, for summer learning opportunities.
(f) Authorization of appropriations 
There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 2 succeeding fiscal years.
[1] So in original. The words “the State educational agency shall” probably should not appear.

20 USC 9853 - Math skills for secondary school students

(a) Purposes 
The purposes of this section are
(1) to provide assistance to State educational agencies and local educational agencies in implementing effective research-based mathematics programs for students in secondary schools, including students with disabilities and students with limited English proficiency;
(2) to improve instruction in mathematics for students in secondary school through the implementation of mathematics programs and the support of comprehensive mathematics initiatives that are based on the best available evidence of effectiveness;
(3) to provide targeted help to low-income students who are struggling with mathematics and whose achievement is significantly below grade level; and
(4) to provide in-service training for mathematics coaches who can assist secondary school teachers to utilize research-based mathematics instruction to develop and improve students mathematical abilities and knowledge, and assist teachers in assessing and improving student academic achievement.
(b) Definitions 
In this section:
(1) Eligible local educational agency 
The term eligible local educational agency means a local educational agency that is eligible to receive funds, and that is receiving funds, under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(2) Mathematics coach 
The term mathematics coach means a certified or licensed teacher, with a demonstrated effectiveness in teaching mathematics to students with specialized needs in mathematics and improving student academic achievement in mathematics, a command of mathematical content knowledge, and the ability to work with classroom teachers to improve the teachers instructional techniques to support mathematics improvement, who works on site at a school
(A) to train teachers to better assess student learning in mathematics;
(B) to train teachers to assess students mathematics skills and identify students who need remediation; and
(C) to provide or assess remedial mathematics instruction, including for
(i) students in after-school and summer school programs;
(ii) students requiring additional instruction;
(iii) students with disabilities; and
(iv) students with limited English proficiency.
(c) Program authorized 

(1) In general 
From funds appropriated under subsection (o) for a fiscal year, the Secretary shall establish a program, in accordance with the requirements of this section, that will provide grants on a competitive basis to State educational agencies to award grants and subgrants to eligible local educational agencies for the purpose of establishing mathematics programs to improve the overall mathematics performance of secondary school students in the State.
(2) Length of grant 
A grant to a State educational agency under this section shall be awarded for a period of 3 years.
(d) Reservation of funds by the Secretary 
From amounts appropriated under subsection (o) for a fiscal year, the Secretary may reserve
(1) not more than 3 percent of such amounts to fund national activities in support of the programs assisted under this section, such as research and dissemination of best practices, except that the Secretary may not use the reserved funds to award grants directly to local educational agencies; and
(2) not more than 1/2 of 1 percent of such amounts for the Bureau of Indian Education of the Department of the Interior to carry out the services and activities described in subsection (k)(3) for Indian children.
(e) Grant formulas 

(1) Competitive grants to State educational agencies 
From amounts appropriated under subsection (o) and not reserved under subsection (d), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to provide subgrants to eligible local educational agencies to establish mathematics programs for the purpose of improving overall mathematics performance among students in secondary school in the State.
(2) Minimum grant 
The Secretary shall ensure that the minimum grant made to any State educational agency under this section shall be not less than $500,000.
(f) Applications 
In order to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall meet the following conditions:
(1) A State educational agency shall not include the application for assistance under this section in a consolidated application submitted under section 9302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7842).
(2) The State educational agencys application shall include assurances that such application and any technical assistance provided by the State will be guided by a peer review team, which shall consist of
(A) researchers with expertise in the pedagogy of mathematics;
(B) mathematicians; and
(C) mathematics educators serving high-risk, high-achievement schools and eligible local educational agencies.
(3) The State educational agency shall include an assurance that the State has a process to safeguard against conflicts of interest consistent with subsection (m)(2) and section 9854 of this title for individuals providing technical assistance on behalf of the State educational agency or participating in the State peer review process under this subchapter.
(4) The State educational agency will participate, if requested, in any evaluation of the State educational agencys program under this section.
(5) The State educational agencys application shall include a program plan that contains a description of the following:
(A) How the State educational agency will assist eligible local educational agencies in implementing subgrants, including providing ongoing professional development for mathematics coaches, teachers, paraprofessionals, and administrators.
(B) How the State educational agency will help eligible local educational agencies identify high-quality screening, diagnostic, and classroom-based instructional mathematics assessments.
(C) How the State educational agency will help eligible local educational agencies identify high-quality research-based mathematics materials and programs.
(D) How the State educational agency will help eligible local educational agencies identify appropriate and effective materials, programs, and assessments for students with disabilities and students with limited English proficiency.
(E) How the State educational agency will ensure that professional development funded under this section
(i) is based on mathematics research;
(ii) will effectively improve instructional practices for mathematics for secondary school students;
(iii) will improve student academic achievement in mathematics; and
(iv) is coordinated with professional development activities funded through other programs, including section 2113 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613).
(F) How funded activities will help teachers and other instructional staff to implement research-based components of mathematics instruction and improve student academic achievement.
(G) The subgrant process the State educational agency will use to ensure that eligible local educational agencies receiving subgrants implement programs and practices based on mathematics research.
(H) How the State educational agency will build on and promote coordination among mathematics programs in the State to increase overall effectiveness in improving mathematics instruction and student academic achievement, including for students with disabilities and students with limited English proficiency.
(I) How the State educational agency will regularly assess and evaluate the effectiveness of the eligible local educational agency activities funded under this section.
(g) State use of funds 
Each State educational agency receiving a grant under this section shall
(1) establish a peer review team comprised of researchers with expertise in the pedagogy of mathematics, mathematicians, and mathematics educators from high-risk, high-achievement schools, to provide guidance to eligible local educational agencies in selecting or developing and implementing appropriate, research-based mathematics programs for secondary school students;
(2) use 80 percent of the grant funds received under this section for a fiscal year to fund high-quality applications for subgrants to eligible local educational agencies having applications approved under subsection (k); and
(3) use 20 percent of the grant funds received under this section
(A) to carry out State-level activities described in the application submitted under subsection (f);
(B) to provide
(i) technical assistance to eligible local educational agencies; and
(ii) high-quality professional development to teachers and mathematics coaches in the State;
(C) to oversee and evaluate subgrant services and activities undertaken by the eligible local educational agencies as described in subsection (k)(3); and
(D) for administrative costs, of which not more than 5 percent of the grant funds may be used for planning, administration, and reporting.
(h) Notice to eligible local educational agencies 
Each State educational agency receiving a grant under this section shall provide notice to all eligible local educational agencies in the State about the availability of subgrants under this section.
(i) Prohibitions 

(1) In general 
In implementing this section, the Secretary shall not
(A) endorse, approve, or sanction any mathematics curriculum designed for use in any school; or
(B) engage in oversight, technical assistance, or activities that will require the adoption of a specific mathematics program or instructional materials by a State, local educational agency, or school.
(2) Rule of construction 
Nothing in this section shall be construed to authorize or permit the Secretary, Department of Education, or a Department of Education contractor, to mandate, direct, control, or suggest the selection of a mathematics curriculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school.
(j) Supplement not supplant 
Each State educational agency receiving a grant under this section shall use the grant funds to supplement, not supplant, State funding for activities authorized under this section or for other educational activities.
(k) Subgrants to eligible local educational agencies 

(1) Application 

(A) In general 
Each eligible local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency in the form and according to the schedule established by the State educational agency.
(B) Contents 
In addition to any information required by the State educational agency, each application under subparagraph (A) shall demonstrate how the eligible local educational agency will carry out the following required activities:
(i) Development or selection and implementation of research-based mathematics assessments.
(ii) Development or selection and implementation of research-based mathematics programs, including programs for students with disabilities and students with limited English proficiency.
(iii) Selection of instructional materials based on mathematics research.
(iv) High-quality professional development for mathematics coaches and teachers based on mathematics research.
(v) Evaluation and assessment strategies.
(vi) Reporting.
(vii) Providing access to research-based mathematics materials.
(C) Consortia 
Consistent with State law, an eligible local educational agency may apply to the State educational agency for a subgrant as a member of a consortium of local educational agencies if each member of the consortium is an eligible local educational agency.
(2) Award basis 

(A) Priority 
A State educational agency awarding subgrants under this subsection shall give priority to eligible local educational agencies that
(i) are among the local educational agencies in the State with the lowest graduation rates, as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(2)(C)(vi)); and
(ii) have the highest number or percentage of students who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333 (c)).
(B) Amount of grants 
Subgrants under this subsection shall be of sufficient size and scope to enable eligible local educational agencies to fully implement activities assisted under this subsection.
(3) Local use of funds 
Each eligible local educational agency receiving a subgrant under this subsection shall use the subgrant funds to carry out, at the secondary school level, the following services and activities:
(A) Hiring mathematics coaches and providing professional development for mathematics coaches
(i) at a level to provide effective coaching to classroom teachers;
(ii) to work with classroom teachers to better assess student academic achievement in mathematics;
(iii) to work with classroom teachers to identify students with mathematics problems and, where appropriate, refer students to available programs for remediation and additional services;
(iv) to work with classroom teachers to diagnose and remediate mathematics difficulties of the lowest-performing students, so that those teachers can provide intensive, research-based instruction, including during after-school and summer sessions, geared toward ensuring that those students can access and be successful in rigorous academic coursework; and
(v) to assess and organize student data on mathematics and communicate that data to school administrators to inform school reform efforts.
(B) Reviewing, analyzing, developing, and, where possible, adapting curricula to make sure mathematics skills are taught within other core academic subjects.
(C) Providing mathematics professional development for all relevant teachers in secondary school, as necessary, that addresses both remedial and higher level mathematics skills for students in the applicable curriculum.
(D) Providing professional development for teachers, administrators, and paraprofessionals serving secondary schools to help the teachers, administrators, and paraprofessionals improve student academic achievement in mathematics.
(E) Procuring and implementing programs and instructional materials based on mathematics research, including software and other education technology related to mathematics instruction with demonstrated effectiveness in improving mathematics instruction and student academic achievement.
(F) Building on and promoting coordination among mathematics programs in the eligible local educational agency to increase overall effectiveness in
(i) improving mathematics instruction; and
(ii) increasing student academic achievement, including for students with disabilities and students with limited English proficiency.
(G) Evaluating the effectiveness of the instructional strategies, teacher professional development programs, and other interventions that are implemented under the subgrant.
(H) Measuring improvement in student academic achievement, including through progress monitoring or other assessments.
(4) Supplement not supplant 
Each eligible local educational agency receiving a subgrant under this subsection shall use the subgrant funds to supplement, not supplant, the eligible local educational agencys funding for activities authorized under this section or for other educational activities.
(5) New services and activities 
Subgrant funds provided under this subsection may be used only to provide services and activities authorized under this section that were not provided on the day before August 9, 2007.
(6) Evaluations 
Each eligible local educational agency receiving a grant under this subsection shall participate, as requested by the State educational agency or the Secretary, in reviews and evaluations of the programs of the eligible local educational agency and the effectiveness of such programs, and shall provide such reports as are requested by the State educational agency and the Secretary.
(l) Matching requirements 

(1) State educational agency requirements 
A State educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in-kind, to carry out the activities supported by the grant, of which not more than 20 percent of such 50 percent may be provided by local educational agencies within the State.
(2) Waiver 
The Secretary may waive all or a portion of the matching requirements described in paragraph (1) for any fiscal year, if the Secretary determines that
(A) the application of the matching requirement will result in serious hardship for the State educational agency; or
(B) providing a waiver best serves the purpose of the program assisted under this section.
(m) Evaluation and technical assistance 

(1) Evaluation 

(A) In general 
The Secretary shall conduct an annual independent evaluation, by grant or by contract, of the program assisted under this section, which shall include an assessment of the impact of the program on student academic achievement and teacher performance, and may use funds available to carry out this section to conduct the evaluation.
(B) Report 
The Secretary shall annually submit to the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, a report on the results of the evaluation.
(C) Limitations 

(i) In general The Secretary shall ensure that the organization selected to carry out the independent evaluation under subparagraph (A) does not hold a contract or subcontract to implement any aspect of the program under this section.
(ii) Subcontractors Any contract entered into under subparagraph (A) shall prohibit the organization conducting the evaluation from subcontracting with any entity that holds a contract or subcontract for any aspect of the implementation of this section.
(iii) Waiver Subject to clause (iv), the Secretary may waive the application of clause (i) or (ii), or both, in accordance with the requirements under section 9.503 of title 48, Code of Federal Regulations, if the Secretary determines that their application in a particular situation would not be in the Federal Governments interest.
(iv) Special rule regarding waivers No organization or subcontractor under this paragraph shall receive a waiver that allows the organization or subcontractor to evaluate any aspect of the program under this section that the organization or subcontractor was involved in implementing.
(2) Technical assistance 

(A) In general 
The Secretary may use funds made available under paragraph (3) to provide technical assistance to prospective applicants and to State educational agencies and eligible local educational agencies receiving grants or subgrants under this section.
(B) Conflicts of interest 
If the Secretary carries out subparagraph (A) through any contracts, the Secretary, in consultation with the Office of the General Counsel of the Department, shall ensure that each contract requires the contractor to
(i) screen for conflicts of interest when hiring individuals to carry out the responsibilities under the contract;
(ii) include the requirement of clause (i) in any subcontracts the contractor enters into under the contract; and
(iii) establish and follow a schedule for carrying out clause (i) and subparagraph (C) and reporting to the Secretary on the contractors actions under those provisions.
(C) Screening process 
Subject to subparagraph (D), the screening process described in subparagraph (B)(i) shall
(i) include, at a minimum, a review of
(I) each individual performing duties under the contract or subcontract for connections to any States program under this section;
(II) such individuals potential financial interests in, or other connection to, products, activities, or services that might be purchased by a State educational agency or local educational agency in the course of the agencys implementation of the program under this section; and
(III) such individuals connections to teaching methodologies that might require the use of specific products, activities, or services; and
(ii) ensure that individuals performing duties under the contract do not maintain significant financial interests in products, activities, or services supported under this section.
(D) Waiver 

(i) In general The Secretary may, in consultation with the Office of the General Counsel of the Department, waive the requirements of subparagraph (C).
(ii) Report The Secretary shall
(I) establish criteria for the waivers under clause (i); and
(II) report any waivers under clause (i), and the criteria under which such waivers are allowed, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(E) Information dissemination 

(i) In general If the Secretary enters into contracts to provide technical assistance under subparagraph (A), and if a contractor enters into subcontracts for that purpose, each such contract and subcontract shall require the provider of technical assistance to clearly separate technical assistance provided under the contract or subcontract from information provided, or activities engaged in, as part of the normal operations of the contractor or subcontractor.
(ii) Methods of compliance Efforts to comply with clause (i) may include the creation of separate webpages for the purpose of fulfilling a contract or subcontract entered into under subparagraph (A).
(3) Reservation of funds 
The Secretary may reserve not more than 2.5 percent of funds appropriated under subsection (o) for a fiscal year to carry out this subsection.
(n) Program performance and accountability 

(1) Information 
Each State educational agency receiving a grant under this section shall collect and report to the Secretary annually such information on the results of the grant as the Secretary may reasonably require, including information on
(A) mathematics achievement data that show the progress of students participating in projects under this section (including, to the extent practicable, comparable data from students not participating in such projects), based primarily on the results of State, school districtwide, or classroom-based monitoring reports or assessments, including
(i) specific identification of those schools and eligible local educational agencies that report the largest gains in mathematics achievement; and
(ii) evidence on whether the State educational agency and eligible local educational agencies within the State have
(I) significantly increased the number of students achieving at the proficient or advanced level on the State student academic achievement standards in mathematics under section 1111(b)(1)(D)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(1)(D)(ii));
(II) significantly increased the percentages of students described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(2)(C)(v)(II)) who are achieving proficiency or advanced levels on such State academic content standards in mathematics;
(III) significantly increased the number of students making significant progress toward meeting such State academic content and achievement standards in mathematics; and
(IV) successfully implemented this section;
(B) the percentage of students in the schools served by the eligible local educational agency who enroll in advanced mathematics courses in grades 9 through 12, including the percentage of such students who pass such courses; and
(C) the progress made in increasing the quality and accessibility of professional development and leadership activities in mathematics, especially activities resulting in greater content knowledge and expertise of teachers, administrators, and other school staff, except that the Secretary shall not require such information until after the third year of a grant awarded under this section.
(2) Reporting and disaggregation 
The information required under paragraph (1) shall be
(A) reported in a manner that allows for a comparison of aggregated score differentials of student academic achievement before (to the extent feasible) and after implementation of the project assisted under this section; and
(B) disaggregated in the same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 (h)(1)(C)(i)).
(o) Authorization of appropriations 
There are authorized to be appropriated to carry out this section $95,000,000 for fiscal year 2008 and each of the 2 succeeding fiscal years.

20 USC 9854 - Peer review of State applications

(a) Peer review of State applications 
The Secretary shall establish peer review panels to review State educational agency applications submitted pursuant to sections 9851 and 9853 of this title and shall consider the recommendation of the peer review panels in deciding whether to approve the applications.
(b) Screening 

(1) In general 
The Secretary shall establish a process through which individuals on the peer review panels who review State applications under sections 9851 and 9853 of this title (referred to in this section as reviewers) are screened for potential conflicts of interest.
(2) Screening requirements 
The screening process described in paragraph (1) shall, subject to paragraph (3)
(A) be reviewed and approved by the Office of the General Counsel of the Department;
(B) include, at a minimum, a review of each reviewers
(i) professional connection to any States program under such sections, including a disclosure of any connection to publishers, entities, private individuals, or organizations related to such States program;
(ii) potential financial interest in products, activities, or services that might be purchased by a State educational agency or local educational agency in the course of the agencys implementation of the programs under such sections; and
(iii) professional connections to teaching methodologies that might require the use of specific products, activities, or services; and
(C) ensure that reviewers do not maintain significant financial interests in products, activities, or services supported under such sections.
(3) Waiver 

(A) In general 
The Secretary may, in consultation with the Office of the General Counsel of the Department, waive the requirements of paragraph (2)(C).
(B) Report of waivers 
The Secretary shall
(i) establish criteria for the waivers permitted under subparagraph (A); and
(ii) report any waivers allowed under subparagraph (A), and the criteria under which such waivers are allowed, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(c) Guidance 

(1) In general 
The Secretary shall develop procedures for, and issue guidance regarding, how reviewers will review applications submitted under sections 9851 and 9853 of this title and provide feedback to State educational agencies and recommendations to the Secretary. The Secretary shall also develop guidance for how the Secretary will review those recommendations and make final determinations of approval or disapproval of those applications.
(2) Requirements 
Such procedures shall, at a minimum
(A) create a transparent process through which review panels provide clear, consistent, and publicly available documentation and explanations in support of all recommendations, including the final reviews of the individual reviewers, except that a final review shall not reveal any personally identifiable information about the reviewer;
(B) ensure that a State educational agency has the opportunity for direct interaction with any review panel that reviewed the agencys application under section 9851 or 9853 of this title when revising that application as a result of feedback from the panel, including the disclosure of the identities of the reviewers;
(C) require that any review panel and the Secretary clearly and consistently document that all required elements of an application under section 9851 or 9853 of this title are included before the application is approved; and
(D) create a transparent process through which the Secretary clearly, consistently, and publicly documents decisions to approve or disapprove applications under such sections and the reasons for those decisions.