Page:United States Statutes at Large Volume 108 Part 5.djvu/49

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3539 participating children in the school speak as their primary language; and "(v) where appropriate, developed in coordination with programs under the School-to-Work Opportunities Act of 1994, the Carl D. Perkins Vocational and Applied Technology Education Act, and the National and Community Service Act of 1990. "(c) ACCOUNTABILITY.—^A schoolwide program under this section shall be subject to the school improvement provisions of section 1116. "SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 20 USC 6315. "(a) IN GENERAL.— In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, or that choose not to operate such a schoolwide program, a local educational agency may use funds received under this part only for programs that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance. "(b) ELIGIBLE CHILDREN.— "(1) ELIGIBLE POPULATION. —(A) The eligible population for services under this part is— "(i) children not older than age 21 who are entitled to a free public education through grade 12; and "(ii) children who are not yet at a grade level where the local educational agency provides a free public education, yet are of an age at which such children can benefit from an organized instructional program provided in a school or other educational setting. "(B) From the population described in subparagraph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State's challenging student performance standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade two shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures. " (2) CHILDREN INCLUDED.— (A)(i) Children who are economically disadvantaged, children with disabilities, migrant children or limited English proficient children, are eligible for services under this part on the same basis as other children selected to receive services under this part. "(ii) Funds received under this part may not be used to provide services that are otherwise required by law to be made available to such children but may be used to coordinate or supplement such services. "(B) A child who, at any time in the two years preceding the year for which the determination is made, participated in a Head Start or Even Start program, is eligible for services under this part. "(C)(i) A child who, at any time in the two years preceding the year for which the determination is made, received services under the program for youth who are neglected, delinquent, or at risk of dropping out under part D (or its predecessor authority) may be eligible for services under this part.