Page:United States Statutes at Large Volume 123.djvu/807

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123STA T .78 7 PUBLIC LA W 111 – 8 —M A R .11 , 2 0 0 9no n -pr o fit or ga ni z ation to dev e l opandi m plement performan c e- b a s ed teac h er and principal compensation s y stems in high-need schools

Provide

d fu r th er ,T hat s u ch performance-based compensa- tion systems must consider gains in student academic achievement as w ell as classroom evaluations conducted multiple times during each school year among other factors and provide educators with incentives to ta k e 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 S ecretary shall use up to $21 , 03 1,000 to carry out activities under section 5205 ( b ) and under subpart 2, and shall use not less than $1 9 5,000,000 to carry out other activities authorized under subpart 1 . S AFE S CHO O LS A NDCIT I Z ENSHI PE D U CATION F or carrying out activities authorized by subpart 3 of part C of title I I, 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 19 6 5, $690,3 7 0,000, of which $29 4 ,759,000 shall become available on J uly 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 $13,3 8 3,000 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 knowl- edge, understanding, and support of the Congress and the State legislatures. EN G LISH L ANGUAGE AC Q UISITION 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, e x cept that 6.5 percent of such amount shall be available on O ctober 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