Title II, Part D Legal and Regulatory Requirements
No Child Left Behind
Consolidated Application Update/
DCEP Addendum Update
Title II, Part D – Enhancing Education Through Technology
To be eligible to receive a subgrant, an LEA must submit an application containing a new or updated local long-range strategic educational technology plan that is consistent with the statewide technology plan.
Recipients of funds must use a minimum of 25% of their funds to provide ongoing, sustained, and intensive, high quality professional development in the integration of technology into curricula and instruction.
Any LEA that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) may not use any Title II funds to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school:
- has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography, or harmful to minors; and
- is enforcing the operation of such technology protection measure during any use of such computers by minors; and
- has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene or child pornography, and is enforcing the operation of such technology protection measure during any use of such computers.
Participation by Private School Children and Teachers - General Requirements
Children enrolled in private elementary and secondary schools (and their teachers) must be provided equitable educational services or other benefits, compared to services and benefits received by public school children and teachers.
Use federal funds only for secular, neutral and non-ideological purposes.
LEAs must consult with appropriate private school officials during the design and development of the programs and before any decisions are made that affect the opportunities of eligible children, teachers and other educational personnel to participate in the program. Consultation must include a discussion of service delivery mechanisms that would provide equitable services to private school children, teachers, administrators and other staff and issues such as those included under section 9501(c)(1).
(1) In general. To ensure timely and meaningful consultation, an LEA shall consult with appropriate private school officials during the design and development of the programs under this chapter, on issues such as -
(A) how the children's needs will be identified;
(B) what services will be offered;
(C) how, where and by whom the services will be provided;
(D) how the services will be assessed and how the results of the assessment will be used to improve those services;
(E) the size and scope of the equitable services to be provided to the eligible private school children, teachers, and other educational personnel and the amount of funds available for those services; and
(F) how and when the agency, consortium, or entity will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school officials on the provision of contract services through potential third-party providers.
If the LEA disagrees with the views of the private school officials on the provision of services through a contract, the LEA must provide to the private school officials a written explanation of the reasons why the LEA has chosen not to use a contractor.
*The citations contained herein are to the Public Law provisions of the No Child Left Behind Act. of 2001. For the codified version of the public law, see 20 U.S.C §§6301-6339 (Title I, Part A); 20 U.S.C. §§6421-6472 (Title I, Part D); 20 U.S.C. 6601-6651 (Title II, Part A); 20 U.S.C. §§6751-6777 (Title II, Part D); 20 U.S.C. §§6811-6871 (Title III, Part A); U.S.C. §§7101-7165 (Title IV, Part A).