SACD Legislative Authority

Legislative Authority

No Child Left Behind (NCBL) Act of 2001, Pub. L. No. 107-110, 115 STAT.1425

PUBLIC LAW 107–110—JAN. 8, 2002, 115 STAT. 1425

SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘No Child Left Behind Act

of 2001’’.

‘‘Subpart 3—Partnerships in Character Education

‘‘SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to eligible entities for the design and implementation

of character education programs that—

‘‘(A) are able to be integrated into classroom instruction

and to be consistent with State academic content standards;

and

‘‘(B) are able to be carried out in conjunction with

other educational reform efforts.

‘‘(2) ELIGIBLE ENTITY.—In this section, the term ‘eligible

entity’ means—

‘‘(A) a State educational agency in partnership with—

‘‘(i) one or more local educational agencies; or

‘‘(ii) one or more—

‘‘(I) local educational agencies; and

‘‘(II) nonprofit organizations or entities,

including an institution of higher education;

‘‘(B) a local educational agency or consortium of local

educational agencies; or

‘‘(C) a local educational agency in partnership with

one or more nonprofit organizations or entities, including

an institution of higher education.

‘‘(3) DURATION.—Each grant under this section shall be

awarded for a period not to exceed 5 years, of which the

eligible entity may not use more than 1 year for planning

and program design.

‘‘(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGENCIES.—

Subject to the availability of appropriations, the amount

of a grant made by the Secretary to a State educational agency

under this section shall not be less than $500,000 if the State

educational agency—

‘‘(A) is in a partnership described in paragraph (2)(A);

and

‘‘(B) meets such requirements as the Secretary may

establish under this section.

‘‘(b) CONTRACTS UNDER PROGRAM.—

‘‘(1) EVALUATION.—Each eligible entity awarded a grant

under this section may contract with outside sources, including

institutions of higher education and private and nonprofit

organizations, for the purposes of—

‘‘(A) evaluating the program for which the assistance

is made available;

‘‘(B) measuring the integration of such program into

the curriculum and teaching methods of schools where

the program is carried out; and

‘‘(C) measuring the success of such program in fostering

the elements of character selected by the recipient under

subsection (c).

‘‘(2) MATERIALS AND PROGRAM DEVELOPMENT.—Each eligible

entity awarded a grant under this section may contract with

outside sources, including institutions of higher education and

private and nonprofit organizations, for assistance in—

‘‘(A) developing secular curricula, materials, teacher

training, and other activities related to character education;

and

‘‘(B) integrating secular character education into the

curricula and teaching methods of schools where the program

is carried out.

‘‘(c) ELEMENTS OF CHARACTER.—

‘‘(1) SELECTION.—

‘‘(A) IN GENERAL.—Each eligible entity awarded a grant

under this section may select the elements of character

that will be taught under the program for which the grant

was awarded.

‘‘(B) CONSIDERATION OF VIEWS.—In selecting elements

of character under subparagraph (A), the eligible entity

shall consider the views of the parents of the students

to be taught under the program and the views of the

students.

‘‘(2) EXAMPLE ELEMENTS.—Elements of character selected

under this subsection may include any of the following:

‘‘(A) Caring.

‘‘(B) Civic virtue and citizenship.

‘‘(C) Justice and fairness.

‘‘(D) Respect.

‘‘(E) Responsibility.

‘‘(F) Trustworthiness.

‘‘(G) Giving.

‘‘(H) Any other elements deemed appropriate by the

eligible entity.

‘‘(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPIENTS.—

Of the total funds received in any fiscal year under this

section by an eligible entity that is a State educational agency—

‘‘(1) not more than 3 percent of such funds may be used

for administrative purposes; and

‘‘(2) the remainder of such funds may be used for—

‘‘(A) collaborative initiatives with and between local

educational agencies and schools;

‘‘(B) the preparation or purchase of materials, and

teacher training;

‘‘(C) providing assistance to local educational agencies,

schools, or institutions of higher education; and

‘‘(D) technical assistance and evaluation.

‘‘(e) APPLICATION.—

‘‘(1) IN GENERAL.—Each eligible entity 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.

‘‘(2) REQUIRED INFORMATION.—Each application for a grant

under this section shall include (together with any other

information that the Secretary may require) information that—

‘‘(A) demonstrates that the program for which the grant

is sought has clear objectives that are based on scientifically

based research;

‘‘(B) describes any partnerships or collaborative efforts

among the organizations and entities of the eligible entity;

‘‘(C) describes the activities that will be carried out

with the grant funds and how such activities will meet

the objectives described in subparagraph (A), including—

‘‘(i) how parents, students, students with disabilities

(including those with mental or physical disabilities),

and other members of the community, including

members of private and nonprofit organizations, will

be involved in the design and implementation of the

program and how the eligible entity will work with

the larger community to increase the reach and

promise of the program;

‘‘(ii) curriculum and instructional practices that

will be used or developed; and

‘‘(iii) methods of teacher training and parent education

that will be used or developed;

‘‘(D) describes how the program for which the grant

is sought will be linked to other efforts to improve academic

achievement, including—

‘‘(i) broader educational reforms that are being

instituted by the eligible entity or its partners; and

‘‘(ii) State academic content standards;

‘‘(E) in the case of an eligible entity that is a State

educational agency, describes how the State educational

agency—

‘‘(i) will provide technical and professional assistance

to its local educational agency partners in the

development and implementation of character education

programs; and

‘‘(ii) will assist other interested local educational

agencies that are not members of the original partnership

in designing and establishing character education

programs;

‘‘(F) describes how the eligible entity will evaluate the

success of its program—

‘‘(i) based on the objectives described in subparagraph

(A); and

‘‘(ii) in cooperation with any national evaluation

conducted pursuant to subsection (h)(2)(B)(iii); and

‘‘(G) assures that the eligible entity annually will provide

to the Secretary such information as may be required

to determine the effectiveness of the program.

‘‘(f) SELECTION OF RECIPIENTS.—

‘‘(1) PEER REVIEW.—

‘‘(A) IN GENERAL.—In selecting eligible entities to

receive grants under this section from among the applicants

for such grants, the Secretary shall use a peer review

process that includes the participation of experts in the

field of character education and development.

‘‘(B) USE OF FUNDS.—The Secretary may use funds

appropriated under this section for the cost of carrying

out peer reviews under this paragraph.

‘‘(2) SELECTION CRITERIA.—Each selection under paragraph

(1) shall be made on the basis of the quality of the application

submitted, taking into consideration such factors as—

‘‘(A) the extent to which the program fosters character

in students and the potential for improved student academic

achievement;

‘‘(B) the extent and ongoing nature of parental, student,

and community involvement;

‘‘(C) the quality of the plan for measuring and assessing

success; and

‘‘(D) the likelihood that the objectives of the program

will be achieved.

‘‘(3) EQUITABLE DISTRIBUTION.—In making selections under

this subsection, the Secretary shall ensure, to the extent practicable

under paragraph (2), that the programs assisted under

this section are equitably distributed among the geographic

regions of the United States, and among urban, suburban,

and rural areas.

‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

TEACHERS.—Each eligible entity that receives a grant under this

section shall provide, to the extent feasible and appropriate, for

the participation in programs and activities under this section of

students and teachers in private elementary schools and secondary

schools.

‘‘(h) EVALUATION AND PROGRAM DEVELOPMENT.—

‘‘(1) STATE AND LOCAL REPORTING AND EVALUATION.—Each

eligible entity receiving a grant under this section shall submit

to the Secretary a comprehensive evaluation of the program

assisted under this section, including its impact on students,

students with disabilities (including those with mental or physical

disabilities), teachers, administrators, parents, and others—

‘‘(A) by the end of the second year of the program;

and

‘‘(B) not later than 1 year after completion of the grant

period.

‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND EVALUATION.—

‘‘(A) IN GENERAL.—

‘‘(i) AUTHORIZATION.—The Secretary is authorized

to award grants to, or enter into contracts or cooperative

agreements with, State educational agencies or

local educational agencies, institutions of higher education,

tribal organizations, or other public or private

agencies or organizations to carry out research,

development, dissemination, technical assistance, and

evaluation activities that support or inform State and

local character education programs.

‘‘(ii) RESERVATION OF FUNDS.—The Secretary shall

reserve not more than 5 percent of the funds made

available under this section to carry out this paragraph.

‘‘(B) USES.—Funds made available under subparagraph

(A) may be used for the following:

‘‘(i) Conducting research and development activities

that focus on matters such as—

‘‘(I) the extent to which schools are undertaking

character education initiatives;

‘‘(II) the effectiveness of instructional models

for all students, including students with disabilities

(including those with mental or physical

disabilities);

‘‘(III) materials and curricula for use by programs

in character education;

‘‘(IV) models of professional development in

character education;

‘‘(V) the development of measures of effectiveness

for character education programs (which may

include the factors described in paragraph (3));

and

‘‘(VI) the effectiveness of State and local programs

receiving funds under this section.

‘‘(ii) Providing technical assistance to State and

local programs, particularly on matters of program

evaluation.

‘‘(iii) Conducting evaluations of State and local

programs receiving funding under this section, that

may be conducted through a national clearinghouse

under clause (iv).

‘‘(iv) Compiling and disseminating, through a

national clearinghouse or other means—

‘‘(I) information on model character education

programs;

‘‘(II) information about high quality character

education materials and curricula;

‘‘(III) research findings in the area of character

education and character development; and

‘‘(IV) any other information that will be useful

to character education program participants

nationwide, including educators, parents, and

administrators.

‘‘(C) PARTNERSHIPS.—In carrying out national activities

under this paragraph, the Secretary may enter into partnerships

with national nonprofit character education

organizations and institutions of higher education with

expertise and successful experience in implementing—

‘‘(i) character education programs that had an

effective impact on schools, students, students with

disabilities (including those with mental or physical

disabilities), and teachers; or

‘‘(ii) character education program evaluation and

research.

‘‘(D) PARTNERSHIP FOR ACTIVITIES UNDER SUBPARAGRAPH

(B)(iv).—In carrying out national activities under

subparagraph (B)(iv), the Secretary may enter into a partnership

with a national nonprofit character education

organization that will disseminate information to educators,

parents, administrators, and others nationwide,

including information about the range of model character

education programs, materials, and curricula.

‘‘(E) REPORT.—Each entity awarded a grant or entering

into a contract or cooperative agreement under this paragraph

shall submit an annual report to the Secretary that—

‘‘(i) describes the entity’s progress in carrying out

research, development, dissemination, evaluation, and

technical assistance under this paragraph;

‘‘(ii) identifies unmet and future information needs

in the field of character education; and

‘‘(iii) if applicable, describes the progress of the

entity in carrying out the requirements of subparagraph

(B)(iv), including a listing of—

‘‘(I) the number of requests for information

received by the entity in the course of carrying

out such requirements;

‘‘(II) the types of organizations making such

requests; and

‘‘(III) the types of information requested.

‘‘(3) FACTORS.—Factors that may be considered in evaluating

the success of programs funded under this section include

the following:

‘‘(A) Discipline issues.

‘‘(B) Student academic achievement.

‘‘(C) Participation in extracurricular activities.

‘‘(D) Parental and community involvement.

‘‘(E) Faculty and administration involvement.

‘‘(F) Student and staff morale.

‘‘(G) Overall improvements in school climate for all

students, including students with disabilities (including

those with mental or physical disabilities).

‘‘(i) PERMISSIVE MATCH.—

‘‘(1) IN GENERAL.—The Secretary may require eligible entities

to match funds awarded under this section with non-

Federal funds, except that the amount of the match may not

exceed the amount of the grant award.: P

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph

(1) shall be established based on a sliding scale that

takes into account—

‘‘(A) the poverty of the population to be targeted by

the eligible entity; and

‘‘(B) the ability of the eligible entity to obtain funding

for the match.

‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit

eligible entities to match funds in whole or in part with inkind

contributions.

‘‘(4) CONSIDERATION.—Notwithstanding this subsection, the

Secretary in making awards under this section shall not consider

the ability of an eligible entity to match funds.

Education Science Reform Act of 2002

SEC. 102. DEFINITIONS.

(18) SCIENTIFICALLY BASED RESEARCH STANDARDS.—(A) The

term ‘‘scientifically based research standards’’ means research

standards that—

(i) apply rigorous, systematic, and objective methodology

to obtain reliable and valid knowledge relevant to

education activities and programs; and

(ii) present findings and make claims that are appropriate

to and supported by the methods that have been

employed.

(B) The term includes, appropriate to the research being

conducted—

(i) employing systematic, empirical methods that draw

on observation or experiment;

(ii) involving data analyses that are adequate to support

the general findings;

(iii) relying on measurements or observational methods

that provide reliable data;

(iv) making claims of causal relationships only in

random assignment experiments or other designs (to the

extent such designs substantially eliminate plausible competing

explanations for the obtained results);

(v) ensuring that studies and methods are presented

in sufficient detail and clarity to allow for replication or,

at a minimum, to offer the opportunity to build systematically

on the findings of the research;

(vi) obtaining acceptance by a peer-reviewed journal

or approval by a panel of independent experts through

a comparably rigorous, objective, and scientific review; and

(vii) using research designs and methods appropriate

to the research question posed.

(19) SCIENTIFICALLY VALID EDUCATION EVALUATION.—The

term ‘‘scientifically valid education evaluation’’ means an

evaluation that—

(A) adheres to the highest possible standards of quality

with respect to research design and statistical analysis;

(B) provides an adequate description of the programs

evaluated and, to the extent possible, examines the relationship

between program implementation and program

impacts;

(C) provides an analysis of the results achieved by

the program with respect to its projected effects;

(D) employs experimental designs using random

assignment, when feasible, and other research methodologies

that allow for the strongest possible causal inferences

when random assignment is not feasible; and

(E) may study program implementation through a combination

of scientifically valid and reliable methods.

(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically

valid research’’ includes applied research, basic research,

and field-initiated research in which the rationale, design, and

interpretation are soundly developed in accordance with scientifically

based research standards.

(21) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Education.

(22) STATE.—The term ‘‘State’’ includes (except as provided

in section 158) each of the 50 States, the District of Columbia,

the Commonwealth of Puerto Rico, the freely associated states,

and the outlying areas.

(23) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’

means—

(A) assistance in identifying, selecting, or designing

solutions based on research, including professional development

and high-quality training to implement solutions

leading to—

(i) improved educational and other practices and

classroom instruction based on scientifically valid

research; and

(ii) improved planning, design, and administration

of programs;

(B) assistance in interpreting, analyzing, and utilizing

statistics and evaluations; and

(C) other assistance necessary to encourage the

improvement of teaching and learning through the applications

of techniques supported by scientifically valid

research.

PART A—THE INSTITUTE OF EDUCATION SCIENCES

SEC. 112. FUNCTIONS.

From funds appropriated under section 194, the Institute,

directly or through grants, contracts, or cooperative agreements,

shall—

(1) conduct and support scientifically valid research activities,

including basic research and applied research, statistics

activities, scientifically valid education evaluation, development,

and wide dissemination;

(2) widely disseminate the findings and results of scientifically

valid research in education;

(3) promote the use, development, and application of knowledge

gained from scientifically valid research activities;

(4) strengthen the national capacity to conduct, develop,

and widely disseminate scientifically valid research in education;

(5) promote the coordination, development, and dissemination

of scientifically valid research in education within the

Department and the Federal Government; and

(6) promote the use and application of research and

development to improve practice in the classroom.