115 STAT. 1538 PUBLIC LAW 107-110-^AN. 8, 2002 "(B) provide the funds in amounts related to the number or percentage of students in kindergarten through grade 3 who are reading below grade level. "(6) LIMITATION TO CERTAIN SCHOOLS.— In distributing subgrant funds under this subsection, an eligible local educational agency shall provide funds only to schools that both— "(A) are among the schools served by that eligible local educational agency with the highest percentages or numbers of students in kindergarten through grade 3 reading below grade level, based on the most currently available data; and "(B)(i) are identified for school improvement under section 1116(b); or "(ii) have the highest percentages or numbers of children counted under section 1124(c). " (7) LOCAL USES OF FUNDS.— "(A) REQUIRED USES.— Subject to paragraph (8), an eligible local educational agency that receives a subgrant under this subsection shall use the funds provided under the subgrant to carry out the following activities: "(i) Selecting and administering screening, diagnostic, and classroom-based instructional reading assessments. "(ii) Selecting and implementing a learning system or program of reading instruction based on scientif- ically based reading research that— "(I) includes the essential components of reading instruction; and "(II) provides such instruction to the children in kindergarten through grade 3 in the schools served by the eligible local educational agency, including children who— "(aa) may have reading difficulties; "(bb) are at risk of being referred to special education based on these difficulties; "(cc) have been evaluated under section 614 of the Individuals with Disabilities Education Act but, in accordance with section 614(b)(5) of that Act, have not been identified as being a child with a disability (as defined in section 602 of that Act); "(dd) are being served under such Act primarily due to being identified as being a child with a specific learning disability (as defined in section 602 of that Act) related to reading; "(ee) are deficient in the essential components of reading skills, as listed in subparagraphs (A) through (E) of section 1208(3); or "(ff) are identified as having limited English proficiency. "(iii) Procuring and implementing instructional materials, including education technology such as software and other digital curricula, that are based on scientifically based reading research. "(iv) Providing professional development for teachers of kindergarten through grade 3, and special
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