PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1809 desegregation guidelines and the capacity of the applicant to accommodate the students. "(c) SPECIAL RULE. — No grant shall be awarded under this part unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be met. " SEC. 5306. PRIORITY. "In awarding grants under this part, the Secretary shall give priority to applicants that— "(1) demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; "(2) propose to carry out new magnet school programs, or significantly revise existing magnet school programs; and "(3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination. " SEC. 5307. USE OF FUNDS. "(a) IN GENERAL. —Grant funds made available under this part may be used by an eligible local educational agency, or consortium of such agencies— "(1) for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; "(2) for the acquisition of books, materials, and equipment, including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools; "(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers who are highly qualified, and instructional staff where applicable, who are necessary to conduct programs in magnet schools; "(4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that— "(A) are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; and "(B) further the purpose of this part; "(5) for activities, which may include professional development, that will build the recipient's capacity to operate magnet school programs once the grant period has ended; "(6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program; and "(7) to enable the local educational agency, or consortium of such agencies, to have flexibility in designing magnet schools for students in all grades. "(b) SPECIAL RULE. — Grant funds under this part may be used for activities described in paragraphs (2) and (3) of subsection (a) only if the activities are directly related to improving student academic achievement based on the State's challenging academic 20 USC 7231e. 20 USC 7231f.
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