Page:United States Statutes at Large Volume 108 Part 5.djvu/54

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108 STAT. 3544 PUBLIC LAW 103-382—OCT. 20, 1994 reasons, such school may provide evidence to the local educational agency to support such belief. "(C) During the first year immediately following such identification, the school shall implement such school's plan or revised plan. "(3) PROFESSIONAL DEVELOPMENT. — (A) Each school identified under paragraph (1) shall, as part of the school plan under paragraph (2), improve the skills of its staff by providing effective professional development activities. A school shall demonstrate such school's compliance with this paragraph by— "(i) devoting to such activities, over two consecutive years, an amount equivalent to at least 10 percent of the funds received by the school under this part during one fiscal year; or "(ii) otherwise demonstrating that such school is effectively carrying out professional development activities. "(B) A school may use funds from any source to meet the requirements of this subsection. "(C) Decisions about how to use the funds made available under this part which the school makes available for professional development shall be made by teachers, principals, and other school steiffin that school. "(4) TECHNICAL ASSISTANCE. —<A) For each school identified under paragraph (1), the local educational agency shall provide technical or other assistance as the school develops and implements such school's plan or revised plan, such as a joint plan between the local educational agency and school that addresses specific elements of student performance problems and that specifies school and local educational agency responsibilities under the plan, and waivers or modifications of requirements of local educational agency policy or regulation that impede the ability of the school to educate students. "(B) Such technical assistance may be provided directly by the local educational agency, through mechanisms authorized under section 1117, or with the local educational agency's approval, by an institution of higher education, a private nonprofit organization, an educational service agency, a comprehensive regional assist£ince center under part A of title XIII, or other entities with experience in helping schools improve achievement. "(5) CORRECTIVE ACTION.— (A) Except as provided in subparagraph (C), after providing technical assistance pursuant to paragraph (4) and taking other remediation measures, the local educational agency may take corrective action at any time against a school that has been identified under paragraph (1), but, during the third year following identification under paragraph (1), shall take such action against any school that still fails to make adequate progress. "(B)(i) Corrective actions are those, consistent with State and local law, determined and made public and disseminated by the local educational agency, which may include— " (I) withholding funds; "(II) interagency collalsorative agreements between the school and other public agencies to provide health, counseling, and other social services needed to remove barriers to learning;