Omnibus Appropriations Act, 2009/Division F/Title III

TITLE III — Department of Education

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary Education Act of 1965 (``ESEA´´) and section 418A of the Higher Education Act of 1965, $15,760,086,000, of which $4,739,881,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $10,841,176,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009-2010:

Provided, That $6,597,946,000 shall be for basic grants under section 1124 of the ESEA:

Provided further, That up to $4,000,000 of these funds shall be available to the Secretary of Education on October 1, 2008, to obtain annually updated local educational-agency-level census poverty data from the Bureau of the Census:

Provided further, That $1,365,031,000 shall be for concentration grants under section 1124A of the ESEA:

Provided further, That $3,264,712,000 shall be for targeted grants under section 1125 of the ESEA:

Provided further, That $3,264,712,000 shall be for education finance incentive grants under section 1125A of the ESEA:

Provided further, That $9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA.

Impact Aid

For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,265,718,000, of which $1,128,535,000 shall be for basic support payments under section 8003(b), $48,602,000 shall be for payments for children with disabilities under section 8003(d), $17,509,000 shall be for construction under section 8007(b) and shall remain available through September 30, 2010, $66,208,000 shall be for Federal property payments under section 8002, and $4,864,000, to remain available until expended, shall be for facilities maintenance under section 8008:

Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) for school year 2008-2009, children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status.

School Improvement Programs

For carrying out school improvement activities authorized by parts A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D of title V, parts A and B of title VI, and parts B and C of title VII of the Elementary and Secondary Education Act of 1965 (``ESEA´´); the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $5,362,016,000, of which $3,495,865,000 shall become available on July 1, 2009, and remain available through September 30, 2010, and of which $1,681,441,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009-2010:

Provided, That of the funds available for section 2103(a) of the ESEA, $5,000,000 shall be available for a school leadership partnership initiative and up to $7,500,000 shall be available for teacher and principal quality national activities administered by the Secretary of Education, as specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That funds made available to carry out part B of title VII of the ESEA may be used for construction, renovation and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of Hawaii, that serves a predominantly Native Hawaiian student body:

Provided further, That from the funds referred to in the preceding proviso, not less than $1,500,000 shall be for a grant to the Department of Education of the State of Hawaii for the activities described in such proviso, and $1,500,000 shall be for a grant to the University of Hawaii School of Law for a Center of Excellence in Native Hawaiian law:

Provided further, That funds made available to carry out part C of title VII of the ESEA may be used for construction:

Provided further, That up to 100 percent of the funds available to a State educational agency under part D of title II of the ESEA may be used for subgrants described in section 2412(a)(2)(B) of such Act:

Provided further, That $57,113,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002:

Provided further, That $33,791,000 shall be available to carry out part D of title V of the ESEA:

Provided further, That no funds appropriated under this heading may be used to carry out section 5494 under the ESEA:

Provided further, That $17,687,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands:

Provided further, That up to 5 percent of these amounts may be reserved by the Federated States of Micronesia and the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants and to reimburse the United States Departments of Labor, Health and Human Services, and Education for such services:

Provided further, That $7,360,000 of the funds available for the Foreign Language Assistance Program shall be available for 5-year grants to local educational agencies that would work in partnership with one or more institutions of higher education to establish or expand articulated programs of study in languages critical to United States national security that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages.

Indian Education

For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $122,282,000.

Innovation and Improvement

For carrying out activities authorized by part G of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V, and section 1504 of the Elementary and Secondary Education Act of 1965, $996,425,000:

Provided, That $10,649,000 shall be provided to the National Board for Professional Teaching Standards to carry out section 2151(c), including $1,000,000 to develop a National Board certification for principals of elementary and secondary schools:

Provided further, That from funds for subpart 4, part C of title II, up to 3 percent shall be available to the Secretary of Education for technical assistance and dissemination of information:

Provided further, That $347,640,000 shall be available to carry out part D of title V:

Provided further, That $88,015,000 shall be used for the projects, and in the amounts, specified under the heading ``Innovation and Improvement´´ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That $97,270,000 of the funds for subpart 1 shall be for competitive grants to local educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one non-profit organization to develop and implement performance-based teacher and principal compensation systems in high-need schools:

Provided further, That such performance-based compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide educators with incentives to take on additional responsibilities and leadership roles:

Provided further, That up to 5 percent of such funds for competitive grants shall be available for technical assistance, training, peer review of applications, program outreach and evaluation activities:

Provided further, That of the funds available for part B of title V, the Secretary shall use up to $21,031,000 to carry out activities under section 5205(b) and under subpart 2, and shall use not less than $195,000,000 to carry out other activities authorized under subpart 1.

Safe Schools and Citizenship Education

For carrying out activities authorized by subpart 3 of part C of title II, part A of title IV, and subparts 2, 3 and 10 of part D of title V of the Elementary and Secondary Education Act of 1965, $690,370,000, of which $294,759,000 shall become available on July 1, 2009, and remain available through September 30, 2010:

Provided, That $294,759,000 shall be available for subpart 1 of part A of title IV and $220,240,000 shall be available for subpart 2 of part A of title IV:

Provided further, That $141,912,000 shall be available to carry out part D of title V:

Provided further, That of the funds available to carry out subpart 3 of part C of title II, up to $13,383,000 may be used to carry out section 2345 and $2,957,000 shall be used by the Center for Civic Education to implement a comprehensive program to improve public knowledge, understanding, and support of the Congress and the State legislatures.

English Language Acquisition

For carrying out part A of title III of the Elementary and Secondary Education Act of 1965, $730,000,000, which shall become available on July 1, 2009, and shall remain available through September 30, 2010, except that 6.5 percent of such amount shall be available on October 1, 2008, and shall remain available through September 30, 2010, to carry out activities under section 3111(c)(1)(C):

Provided, That the Secretary of Education shall use the American Community Survey child counts to calculate State allocations under such part but, for any State that would otherwise receive greater than a 10-percent reduction from its previous year's allocation, the Secretary shall carry out such calculation using the average of the American Community Survey child counts for the 3 most recent years.

Special Education

For carrying out the Individuals with Disabilities Education Act (``IDEA´´) and the Special Olympics Sport and Empowerment Act of 2004, $12,579,677,000, of which $3,726,354,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $8,592,383,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010, for academic year 2009-2010:

Provided, That $13,250,000 shall be for Recording for the Blind and Dyslexic, Inc., to support the development, production, and circulation of recorded educational materials:

Provided further, That $737,000 shall be for the recipient of funds provided by Public Law 105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the Individuals with Disabilities Education Improvement Act of 2004) to provide information on diagnosis, intervention, and teaching strategies for children with disabilities:

Provided further, That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2008, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percentage increase in the funds appropriated under section 611(i) of the IDEA:

Provided further, That funds made available for the Special Olympics Sport and Empowerment Act of 2004 may be used to support expenses associated with the Special Olympics National and World games hosted in the United States.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, $3,387,762,000:

Provided, That $3,088,000 shall be used for the projects, and in the amounts, specified under the heading ``Rehabilitation Services and Disability Research´´ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act of March 3, 1879, $22,599,000.

national technical institute for the deaf

For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $64,212,000, of which $1,175,000 shall be for construction and shall remain available until expended:

Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act.

Gallaudet University

For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $124,000,000, of which $6,000,000 shall be for construction and shall remain available until expended:

Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act.

Career, Technical, and Adult Education

For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006, the Adult Education and Family Literacy Act, subpart 4 of part D of title V of the Elementary and Secondary Education Act of 1965 (``ESEA´´) and title VIII-D of the Higher Education Amendments of 1998, $1,944,348,000, of which $4,400,000 shall become available on October 1, 2008 and remain available until September 30, 2010, of which $1,148,948,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and of which $791,000,000 shall become available on October 1, 2009, and shall remain available through September 30, 2010:

Provided, That of the amount provided for Adult Education State Grants, $67,896,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations:

Provided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to States based on a State's absolute need as determined by calculating each State's share of a 10-year average of the United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated an amount less than $60,000:

Provided further, That of the amounts made available for the Adult Education and Family Literacy Act, $6,878,000 shall be for national leadership activities under section 243 and $6,468,000 shall be for the National Institute for Literacy under section 242:

Provided further, That $88,000,000 shall be available to support the activities authorized under subpart 4 of part D of title V of the ESEA, of which up to 5 percent shall become available October 1, 2008, and shall remain available through September 30, 2010, for evaluation, technical assistance, school networks, peer review of applications, and program outreach activities, and of which not less than 95 percent shall become available on July 1, 2009, and remain available through September 30, 2010, for grants to local educational agencies:

Provided further, That funds made available to local educational agencies under this subpart shall be used only for activities related to establishing smaller learning communities within large high schools or small high schools that provide alternatives for students enrolled in large high schools.

Student Financial Assistance

(Including deferral of funds)

For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the Higher Education Act of 1965, $19,156,973,000, which shall remain available through September 30, 2010.

The maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.

Of the funds made available under section 401A(e)(1)(D) of the Higher Education Act of 1965, $887,000,000 shall not be available until October 1, 2009.

Student Aid Administration

For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of the Higher Education Act of 1965, $753,402,000, which shall remain available until expended.

Higher Education

For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA´´), section 1543 of the Higher Education Amendments of 1992, the Mutual Educational and Cultural Exchange Act of 1961, title VIII of the Higher Education Amendments of 1998, part I of subtitle A of title VI of the America COMPETES Act, section 515 of the Federal Mine Safety and Health Act of 1977, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $2,100,150,000:

Provided, That $9,687,000, to remain available through September 30, 2010, shall be available to fund fellowships for academic year 2010-2011 under subpart 1 of part A of title VII of the HEA, under the terms and conditions of such subpart 1:

Provided further, That $609,000 shall be for data collection and evaluation activities for programs under the HEA, including such activities needed to comply with the Government Performance and Results Act of 1993:

Provided further, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development:

Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities:

Provided further, That up to $6,556,000 shall be available to continue funding for recipients of multi-year awards under section 204 of the HEA, as that Act was in effect prior to the date of enactment of the Higher Education Opportunity Act (``HEOA´´), in accordance with the terms of their awards:

Provided further, That notwithstanding any other provision of law, funds available under section 371 of the HEA for Tribal Colleges and Universities may be used for construction grants, including such funds to recipients of continuation grants for multi-year awards that were made in fiscal year 2008 under section 316 of the HEA, as that Act was in effect prior to the date of enactment of the HEOA, in accordance with the terms of such multi-year awards:

Provided further, That notwithstanding any other provision of law, a recipient of a multi-year award under section 316 of the HEA, as that section was in effect prior to the date of enactment of the HEOA, that would have otherwise received a continuation award for fiscal year 2009 under that section, shall receive under section 316, as amended by the HEOA, not less than the amount that such recipient would have received under such a continuation award:

Provided further, That the portion of the funds received under section 316 by a recipient described in the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such continuation award:

Provided further, That $1,000,000, to remain available until expended, shall be available to carry out a scholarship program for the purpose of increasing the skilled workforce for industrial health and safety occupations, including mine safety:

Provided further, That the Secretary of Education shall identify these scholarships as ``Erma Byrd Scholarships´´:

Provided further, That such scholarships shall be awarded without regard to an applicant's prior work experience, but the Secretary shall, notwithstanding section 437 of the General Education Provisions Act and 5 U.S.C. 553, by notice in the Federal Register, establish the eligibility requirements, service obligations, payback requirements, and other program requirements similar to those specified in section 515 of the Federal Mine Safety and Health Act as are necessary to implement such a program:

Provided further, That such scholarship funds may be used to replace a student's expected family contribution, but institutions accepting such scholarship funds may not use these funds to supplant existing institutional aid:

Provided further, That the Secretary shall be authorized to accept contributions for such scholarships from private sources:

Provided further, That these funds shall be used for scholarships for academic year 2009-2010 and may be available for scholarships in academic year 2010-2011:

Provided further, That $91,243,000 shall be used for the projects, and in the amounts, specified under the heading ``Higher Education´´ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Howard University

For partial support of Howard University, $234,977,000, of which not less than $3,464,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended.

College Housing and Academic Facilities Loans Program

For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the Higher Education Act of 1965, $461,000.

Historically Black College and University Capital Financing Program Account

Notwithstanding the limitations contained in section 344(a) of the Higher Education Act of 1965 (``HEA´´), the aggregate principal amount of outstanding bonds insured under the Historically Black College and University Capital Financing Program is authorized to equal but not exceed $725,000,000, which may be used for loans to public and private historically black colleges and universities without regard to paragraphs (1) and (2) of section 344(a).

For the cost of guaranteed loans, $10,000,000, as authorized pursuant to Part D of title III of the HEA:

Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $100,000,000. In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $354,000.

Institute of Education Sciences

For carrying out activities authorized by the Education Sciences Reform Act of 2002, the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $617,175,000, of which $312,241,000 shall be available until September 30, 2010:

Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used for Statewide data systems that include postsecondary and workforce information:

Provided further, That up to $5,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for State data coordinators and for awards to public or private organizations or agencies to improve data coordination.

Departmental Management

program administration

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $433,482,000, of which $5,400,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff.

Office for Civil Rights

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $96,826,000.

Office of the Inspector General

For expenses necessary for the Office of the Inspector General, as authorized by section 212 of the Department of Education Organization Act, $54,539,000.

General Provisions

Sec. 301.

No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.

Sec. 302.

None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools.

Sec. 303.

No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

(Transfer of funds)

Sec. 304.

Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer:

Provided, That the transfer authority granted by this section shall be available only to meet emergency needs and shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act:

Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Sec. 305.

The signature pages submitted by Heart Butte School District in Pondera County, Montana, as part of its application for Impact Aid under title VIII of the Elementary and Secondary Education Act of 1965, shall be considered to have been timely and complete for purposes of receiving funding under such program for fiscal year 2009.

Sec. 306.

The Outlying Areas may consolidate funds received under this Act as well as any remaining funds received under the Department of Education Appropriations Act, 2008, pursuant to 48 U.S.C. 1469a, under part A of title V of the Elementary and Secondary Education Act of 1965.

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This title may be cited as the ``Department of Education Appropriations Act, 2009´´.