12 2 STA T .3 12 8PUBLIC LA W 11 0– 31 5— AU G .1 4, 2008 ‘ ‘ (iv)tha t me et s the e l i g i b ilit yr e qu ireme n ts fo r fun d ing under the R ural and L o w-I n c ome S chool P rogram under section 62 2 1 (b) of the E lementary and Secondary Education A ctof1 9 6 5; and ‘‘( B )(i) for which there is a high p ercentage of teachers not teaching in the academic sub j ect areas or grade levels in which the teachers were trained to teach; or ‘‘(ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency , provi- sional, or temporary certification or licensure . ‘‘(11) HIGH - NE E DSC H O O L . — ‘‘(A) IN GENE RA L.— T he term ‘high-need school ’ means a school that, based on the most recent data available, meets one or both of the following
‘‘(i) The school is in the highest quartile of schools inaran k ing of all schools served by a local educational agency, ranked in descending order by percentage of students from low-income families enrolled in such schools, as determined by the local educational agency based on one of the following measures of poverty: ‘‘(I) The percentage of students aged 5 through 1 7 in poverty counted in the most recent census data approved by the Secretary. ‘‘(II) The percentage of students eligible for a free or reduced price school lunch under the Richard B. Russell N ational School Lunch Act. ‘‘(III) The percentage of students in families receiving assistance under the State program funded under part A of title I V of the Social Secu- rity Act. ‘‘(IV) The percentage of students eligible to receive medical assistance under the M edicaid pro- gram. ‘‘(V) A composite of two or more of the meas- ures described in subclauses (I) through (IV). ‘‘(ii) In the case of— ‘‘(I) an elementary school, the school serves students not less than 6 0 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; or ‘‘(II) any other school that is not an elementary school, the other school serves students not less than 4 5 percent of whom are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act. ‘‘(B) S P ECIAL R U LE.— ‘‘(i) D ESIGNA T ION BY THE SECRETARY.—The Sec- retary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high- need school for the purpose of this title. The Secretary shall base the approval of an application for designa- tion of a school under this clause on a consideration of the information required under clause (ii), and may
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