DEPARTMENT OF EDUCATION

The President's Budget reflects a bold Elementary and Secondary Education Act (ESEA) reauthorization strategy that improves accountability systems, enhances teacher effectiveness, expands educational choice, and strengthens teaching and learning. Subsequent to ESEA reauthorization, the Administration expects to send up a budget amendment to align the Budget's request for the Department of Education with the authorizations contained in the enacted bill. Contingent on Congress successfully completing a fundamental overhaul of the Act that includes the President's proposed reforms, the Administration would seek up to $1 billion in additional funding for certain ESEA programs on top of the increases requested in the 2011 Budget. This additional funding would be for ESEA programs such as Title I Grants to Local Educational Agencies (renamed College- and Career-ready Students) to support rewards for highly effective local educational agencies and schools, State Assessments (renamed Assessing Achievement), and a reformed 21st Century Community Learning Centers program.

The Administration will work closely with the Congress to enact its ESEA reauthorization proposal and carry out its fundamental restructuring of Federal funding for education. The 2011 request for the Department of Education reflects enactment of this proposal. However, if ESEA is not reauthorized prior to the 2011 appropriation, the Administration strongly believes its requested increase for ESEA programs should be devoted to programs best positioned to reform K-12 education. See the Department of Education's Congressional Justification for more information.

Federal Funds

[For carrying out title I of the Elementary and Secondary Education Act of 1965 ("ESEA'') and section 418A of the Higher Education Act of 1965, $15,914,666,000, of which $4,954,510,000 shall become available on July 1, 2010, and shall remain available through September 30, 2011, and of which $10,841,176,000 shall become available on October 1, 2010, and shall remain available through September 30, 2011, for academic year 2010-2011: Provided, That $6,597,946,000 shall be for basic grants under section 1124 of the ESEA: Provided further, That up to $4,000,000 of these funds shall be available to the Secretary of Education on October 1, 2009, to obtain annually updated local educational-agency-level census poverty data from the Bureau of the Census: Provided further, That $1,365,031,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $3,264,712,000 shall be for targeted grants under section 1125 of the ESEA: Provided further, That $3,264,712,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further, That $9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA: Provided further, That $545,633,000 shall be available for school improvement grants under section 1003(g) of the ESEA, which shall be allocated by the Secretary through the formula described in section 1003(g)(2) and shall be used consistent with the requirements of section 1003(g), except that State and local educational agencies may use such funds (and funds appropriated for section 1003(g) under the American Recovery and Reinvestment Act) to serve any school eligible to receive assistance under part A of title I that has not made adequate yearly progress for at least 2 years or is in the State's lowest quintile of performance based on proficiency rates and, in the case of secondary schools, priority shall be given to those schools with graduation rates below 60 percent: Provided further, That notwithstanding section 1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not more than $2,000,000 for each participating school applicable to such funds and to the funds appropriated for section 1003(g) under the American Recovery and Reinvestment Act: Provided further, That the ESEA title I, part A funds awarded to local educational agencies under the American Recovery and Reinvestment Act of 2009 for fiscal year 2009 shall not be considered for the purpose of calculating hold-harmless amounts under subsections 1122(c) and 1125A(g)(3) in making allocations under title I, part A for fiscal year 2010 and succeeding years and, notwithstanding section 1003(e), shall not be considered for the purpose of reserving funds under section 1003(a): Provided further, That $250,000,000 shall be available under section 1502 of the ESEA for a comprehensive literacy development and education program to advance literacy skills, including pre-literacy skills, reading, and writing, for students from birth through grade 12, including limited-English-proficient students and students with disabilities, of which one-half of 1 percent shall be reserved for the Secretary of the Interior for such a program at schools funded by the Bureau of Indian Education, one-half of 1 percent shall be reserved for grants to the outlying areas for such a program, $10,000,000 shall be reserved for formula grants to States based on each State's relative share of funds under part A of title I of the ESEA for fiscal year 2009 (excluding funds awarded under the American Recovery and Reinvestment Act of 2009), except that no State shall receive less than $150,000, to establish or support a State Literacy Team with expertise in literacy development and education for children from birth through grade 12 to assist the State in developing a comprehensive literacy plan, up to 5 percent may be reserved for national activities, and the remainder shall be used to award competitive grants to State educational agencies for such a program, of which a State educational agency may reserve up to 5 percent for State leadership activities, including technical assistance and training, data collection, reporting, and administration, and shall subgrant not less than 95 percent to local educational agencies or, in the case of early literacy, to local educational agencies or other nonprofit providers of early childhood education that partner with a public or private nonprofit organization or agency with a demonstrated record of effectiveness in improving the early literacy development of children from birth through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other entities serving greater numbers or percentages of disadvantaged children: Provided further, That the State educational agency shall ensure that at least 15 percent of the subgranted funds are used to serve children from birth through age 5, 40 percent are used to serve students in kindergarten through grade 5, and 40 percent are used to serve students in middle and high school including an equitable distribution of funds between middle and high schools: Provided further, That eligible entities receiving subgrants from State educational agencies shall use such funds for services and activities that have the characteristics of effective literacy instruction through professional development, screening and assessment, targeted interventions for students reading below grade level and other research-based methods of improving classroom instruction and practice.] (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

SUMMARY OF PROGRAM LEVEL (in millions of dollars)

The Administration is proposing legislation reauthorizing programs included in the Elementary and Secondary Education Act (ESEA), including programs in this account. Consistent with this reauthorization proposal, the Budget proposes to rename this account Accelerating Achievement and Ensuring Equity and realign programs in ESEA accounts. When new authorizing legislation is enacted, resources will be requested for these programs. See the Legislative proposal, not subject to PAYGO schedule for additional details.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

College- and career-ready students (formerly Grants to local educational agencies).—Funds would be allocated via formula for programs that provide academic support to help students in high-poverty schools meet college- and career-ready standards. States would annually assess all students in certain grades in at least English language arts and mathematics, and use the results of these assessments to measure local educational agency (LEA) and school progress in ensuring that all students are meeting, or on track to meet, college- and career-ready standards; to inform families about whether their children are meeting or on track to meet such standards; and, with additional information, to develop appropriate improvement and support strategies for schools and LEAs. States would develop plans to recognize and reward highly effective schools and LEAs, require rigorous school intervention models in the lowest-achieving schools, and intervene in low-performing LEAs that are not serving their students or schools well.

School turnaround grants.—Funds would primarily support grants to States to help LEAs turn around their lowest-achieving schools by implementing one of four rigorous school intervention models. In general, such schools would rank in the bottom five percent of performance in their States, based on proficiency rates and lack of progress, or, in the case of high schools, have a graduation rate below 60 percent. Once States have served their lowest-achieving schools, funds could be used for other school improvement and support efforts in eligible schools.

Evaluation.—Funds would support studies designed to evaluate Title I policies and practices, including analyses of implementation, outcomes, impact, and cost effectiveness of key Elementary and Secondary Education Act requirements, including assessments, accountability systems, and school improvement requirements.

State agency migrant program.—Funds would support formula grants to States for educational services to children of migratory farmworkers and fishers, with resources and services focused on children who have moved within the past 36 months.

State agency neglected and delinquent children and youth education program.—Funds support formula grants to States for educational services to children and youth in local and State-run institutions for neglected or delinquent youths, community day programs for neglected and delinquent youths, and adult correction facilities.

Homeless children and youth education.—Funds would support formula grants to States to provide educational and support services that enable homeless children and youths to attend and achieve success in school.

Object Classification (in millions of dollars)

[For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,276,183,000, of which $1,138,000,000 shall be for basic support payments under section 8003(b), $48,602,000 shall be for payments for children with disabilities under section 8003(d), $17,509,000 shall be for construction under section 8007(a), $67,208,000 shall be for Federal property payments under section 8002, and $4,864,000, to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) for school year 2009-2010, children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status.] (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

The Administration is proposing legislation reauthorizing Impact Aid programs included in the Elementary and Secondary Education Act. When new authorizing legislation is enacted, resources will be requested for these programs. See the "Legislative proposal, not subject to PAYGO" schedule for additional details.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

Impact Aid helps to replace the lost local revenue that would otherwise be available to educate federally connected children. The presence of certain students living on Federal property, such as students who are military dependents or who reside on Indian lands, can place a financial burden on local educational agencies that educate them. The property on which the children live and their parents work is exempt from local property taxes, denying local educational agencies access to the primary source of revenue used by most communities to finance education.

Basic support payments.—Payments will be made on behalf of over 930,000 federally connected students enrolled in about 1,220 local educational agencies to assist them in meeting their operation and maintenance costs. Average per-student payments will be approximately $1,200.

Payments for children with disabilities.—Payments in addition to those provided under the Individuals with Disabilities Education Act will be provided on behalf of approximately 55,000 federally connected students with disabilities in about 900 local educational agencies. Average per-student payments will be approximately $900.

Facilities maintenance.—Funds will be used to provide emergency repairs for school facilities that serve military dependents and are owned by the Department of Education. Funds will also be used to transfer the facilities to local educational agencies.

Construction.—Approximately 15 construction grants will be awarded competitively to the highest-need impact aid districts for emergency repairs and modernization of school facilities.

Payments for Federal property.—Payments will be made to approximately 200 local educational agencies in which real property owned by the Federal Government represents 10 percent or more of the assessed value of real property in the local educational agency.

For carrying out school improvement activities authorized by [parts A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D of title V, parts A and B of title VI, and parts B and C of title VII of the Elementary and Secondary Education Act of 1965 ("ESEA''); the McKinney-Vento Homeless Assistance Act;] section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; [part Z of title VIII of the Higher Education Act ("HEA'');] and the Civil Rights Act of 1964, [$5,228,444,000, of which $3,363,993,000 shall become available on July 1, 2010, and remain available through September 30, 2011, and of which $1,681,441,000 shall become available on October 1, 2010, and shall remain available through September 30, 2011, for academic year 2010-2011: Provided, That funds made available to carry out part B of title VII of the ESEA may be used for construction, renovation, and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of Hawaii, that serves a predominantly Native Hawaiian student body: Provided further, That from the funds referred to in the preceding proviso, not less than $1,500,000 shall be for the activities described in such proviso and $1,500,000 shall be for a grant to the University of Hawaii School of Law for a Center of Excellence in Native Hawaiian law: Provided further, That from the funds referred to in the second preceding proviso, $500,000 shall be for part Z of title VIII of the HEA: Provided further, That funds made available to carry out part C of title VII of the ESEA may be used for construction: Provided further, That up to 100 percent of the funds available to a State educational agency under part D of title II of the ESEA may be used for subgrants described in section 2412(a)(2)(B) of such Act: Provided further, That funds made available under this heading for section 2421 of the ESEA may be used for activities authorized under section 802 of the Higher Education Opportunity Act: Provided further, That] $80,989,000, of which $56,313,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002[: Provided further, That $34,391,000 shall be available to carry out part D of title V of the ESEA: Provided further, That no funds appropriated under this heading may be used to carry out section 5494 under the ESEA: Provided further, That], and of which $17,687,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided [further], That up to 5 percent of these amounts may be reserved by the Federated States of Micronesia and the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants and to reimburse the United States Departments of Labor, Health and Human Services, and Education for such services[: Provided further, That $9,729,000 of the funds available for the Foreign Language Assistance Program shall be available for 5-year grants to local educational agencies that would work in partnership with one or more institutions of higher education to establish or expand articulated programs of study in languages critical to United States national security that will enable successful students to advance from elementary school through college to achieve a superior level of proficiency in those languages: Provided further, That of the funds available for section 2103(a) of the ESEA, $5,000,000 shall be available to continue a national school leadership partnership initiative as described in the statement of the managers on the conference report accompanying this Act]. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

SUMMARY OF PROGRAM LEVEL (in millions of dollars)

The Administration is proposing legislation reauthorizing the Elementary and Secondary Education Act (ESEA), including programs in this account. Consistent with this reauthorization proposal, the Budget proposes to rename this account Education Improvement Programs and realign programs in ESEA accounts. When new authorizing legislation is enacted, resources will be requested for these programs. See the Legislative proposal, not subject to PAYGO schedule for additional details.

Training and advisory services.—Funds support grants to regional equity assistance centers that provide technical assistance to school districts in addressing educational equity related to issues of race, gender, and national origin.

Supplemental education grants.—Funds support grants to the Federated States of Micronesia and to the Republic of the Marshall Islands in place of grant programs discontinued by the Compact of Free Association Amendments Act of 2003.

Comprehensive centers.—Funds support at least 20 comprehensive centers that focus on building State capacity to help school districts and schools meet the requirements of the Elementary and Secondary Education Act.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

Effective teaching and learning: literacy.—Funds would support competitive grants for State and local efforts aimed at implementing comprehensive literacy strategies for providing high-quality literacy instruction to students from pre-kindergarten through grade 12.

Effective teaching and learning: science, technology, engineering, and mathematics (STEM).—Funds would support competitive grants to States to improve the teaching and learning of STEM subjects.

Effective teaching and learning for a well-rounded education.—Funds would support competitive grants to States and high-need school districts to develop and expand innovative practices to improve teaching and learning in the arts, foreign languages, civics and government, history, geography, economics, and financial literacy. The new program would also include a national activities authority under which the Department would reserve funds to support research, technical assistance, prize awards, dissemination, and grants to support the effective use of technology in the core academic subjects and the development of aligned instructional systems.

College pathways and accelerated learning.—Funds would support competitive grants to high-need school districts for programs that prepare students to enter and succeed in college.

Assessing achievement.—Funds support formula and competitive grants to States to implement college- and career-ready standards and assessments.

Rural education.—Funds would support formula grants under two programs: Small, Rural School Achievement and Rural and Low-Income Schools. The Small, Rural School Achievement program would provide rural local educational agencies with small enrollments with additional formula funds. Funds under the Rural and Low-Income School program, which would target rural local educational agencies that serve concentrations of poor students, would be allocated by formula to States, which in turn would allocate funds to eligible local educational agencies.

Native Hawaiian education.—Funds would support competitive grants to public and private entities to develop or operate innovative projects that enhance the educational services provided to Native Hawaiian children and adults.

Alaska Native student education.—Funds would support competitive grants to school districts and other public and private organizations to develop or operate innovative projects that enhance the educational services provided to Alaska Native children and adults.

Women's educational equity.—Funds would support competitive awards to a variety of public and private organizations, agencies, and institutions for programs that design and implement gender-equity policies and practices. Research, development, and dissemination activities may also be funded.

Object Classification (in millions of dollars)

[For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $127,282,000.] (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

The Administration is proposing legislation reauthorizing the Elementary and Secondary Education Act, including programs in this account. Consistent with this reauthorization proposal, the Budget proposes to rename this account Indian Student Education and realign programs in ESEA accounts. When new authorizing legislation is enacted, resources will be requested for these programs. See the "Legislative proposal, not subject to PAYGO" schedule for additional details.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

The Indian Education programs support the efforts of local educational agencies and tribal schools to improve teaching and learning for the Nation's American Indian and Alaska Native children.

Grants to local educational agencies.—Formula grants support local educational agencies in their efforts to reform elementary and secondary school programs that serve Indian students, with the goal of ensuring that such programs assist participating students in meeting the same academic standards as all other students. In 2009, the Department made 1,264 formula grants to local educational agencies and tribal schools serving more than 472,500 students.

Special programs for Indian children.—The Department makes competitive awards for demonstration projects in early childhood education and college preparation, as well as professional development grants for training Native American teachers and administrators for employment in school districts with concentrations of Indian students.

National activities.—Funds support research, evaluation, data collection, and related activities.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

Amounts in this schedule reflect balances that are spending out from a prior-year appropriation.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

[For carrying out activities authorized by part G of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V, and section 1504 of the Elementary and Secondary Education Act of 1965 ("ESEA''), and by part F of title VIII of the Higher Education Act of 1965, $1,389,065,000: Provided, That $10,649,000 shall be provided to the National Board for Professional Teaching Standards to carry out section 2151(c) of the ESEA: Provided further, That from funds for subpart 4, part C of title II of the ESEA, up to 3 percent shall be available to the Secretary of Education for technical assistance and dissemination of information: Provided further, That $671,570,000 shall be available to carry out part D of title V of the ESEA: Provided further, That $88,791,000 shall be used for the projects, and in the amounts, specified in the statement of the managers on the conference report accompanying this Act: Provided further, That $1,000,000 shall be for a national clearinghouse that will collect and disseminate information on effective educational practices and the latest research regarding the planning, design, financing, construction, improvement, operation, and maintenance of safe, healthy, high-performance public facilities for nursery and pre-kindergarten, kindergarten through grade 12, and higher education: Provided further, That $400,000,000 of the funds for subpart 1 of part D of title V of the ESEA shall be for competitive grants to local educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one non-profit organization to develop and implement performance-based compensation systems for teachers, principals, and other personnel in high-need schools: Provided further, That such performance-based compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide educators with incentives to take on additional responsibilities and leadership roles: Provided further, That recipients of such grants shall demonstrate that such performance-based systems are developed with the input of teachers and school leaders in the schools and local educational agencies to be served by the grant: Provided further, That recipients of such grants may use such funds to develop or improve systems and tools (which may be developed and used for the entire local educational agency or only for schools served under the grant) that would enhance the quality and success of the compensation system, such as high-quality teacher evaluations and tools to measure growth in student achievement: Provided further, That applications for such grants shall include a plan to sustain financially the activities conducted and systems developed under the grant once the grant period has expired: 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 of the ESEA, the Secretary shall use up to $23,082,000 to carry out activities under section 5205(b) and under subpart 2: Provided further, That of the funds available for subpart 1 of part B of title V of the ESEA, and notwithstanding section 5205(a), the Secretary may reserve up to $50,000,000 to make multiple awards to non-profit charter management organizations and other entities that are not for-profit entities for the replication and expansion of successful charter school models and shall reserve $10,000,000 to carry out the activities described in section 5205(a), including by providing technical assistance to authorized public chartering agencies in order to increase the number of high-performing charter schools: Provided further, That the funds referenced in the preceding proviso shall not be obligated prior to submission of a report to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds: Provided further, That each application submitted pursuant to section 5203(a) shall describe a plan to monitor and hold accountable authorized public chartering agencies through such activities as providing technical assistance or establishing a professional development program, which may include planning, training and systems development for staff of authorized public chartering agencies to improve the capacity of such agencies in the State to authorize, monitor, and hold accountable charter schools: Provided further, That each application submitted pursuant to section 5203(a) shall contain assurances that State law, regulations, or other policies require that: (1) each authorized charter school in the State operate under a legally binding charter or performance contract between itself and the school's authorized public chartering agency that describes the obligations and responsibilities of the school and the public chartering agency; conduct annual, timely, and independent audits of the school's financial statements that are filed with the school's authorized public chartering agency; and demonstrate improved student academic achievement; and (2) authorized public chartering agencies use increases in student academic achievement for all groups of students described in section 1111(b)(2)(C)(v) of the ESEA as the most important factor when determining to renew or revoke a school's charter: Provided further, That from the funds for subpart 1 of part D of title V of the ESEA, $12,000,000 shall be for competitive awards to local educational agencies located in counties in Louisiana, Mississippi, and Texas that were designated by the Federal Emergency Management Agency as counties eligible for individual assistance due to damage caused by Hurricanes Katrina, Ike, or Gustav: Provided further, That such awards shall be used to improve education in areas affected by such hurricanes and shall be for such activities as replacing instructional materials and equipment; paying teacher incentives; modernizing or renovating or repairing school buildings; beginning or expanding Advanced Placement or other rigorous courses; supporting the expansion of charter schools; and supporting after-school or extended learning time activities.] (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

The Administration is proposing legislation reauthorizing the Elementary and Secondary Education Act, including programs in this account. Consistent with this reauthorization proposal, the Budget proposes to rename this account Innovation and Instructional Teams and realign programs in ESEA accounts. When new authorizing legislation is enacted, resources will be requested for these programs. See the "Legislative proposal, not subject to PAYGO" schedule for additional details.

Object Classification (in millions of dollars)

Employment Summary

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

Race to the top.—Funds would support grants to State educational agencies (SEAs) and local educational agencies (LEAs) to create incentives for State and local reforms and innovations designed to lead to significant improvements in student achievement, high school graduation rates, and college enrollment rates, and to significant reductions in achievement gaps. In addition, funds would encourage the broad identification, dissemination, adoption, and use of effective policies and practices and the cessation of ineffective ones.

Investing in innovation.—Funds would support grants to LEAs or to nonprofit organizations in consortium with one or more schools or LEAs to develop and expand innovative strategies and practices that have been shown to be effective in improving educational outcomes for students.
Excellent Instructional Teams:

Effective teachers and leaders State grants.—Funds would support formula grants to States and school districts to promote and enhance the teaching profession; recruit, prepare, support, and retain effective teachers, principals, and other school leaders, especially in high-need LEAs, schools, fields, and subjects; ensure the equitable distribution of qualified and effective teachers and effective principals; increase the effectiveness of teachers and principals; improve the preparation of teachers and principals through developing, supporting, and expanding effective pathways to the education profession; improve instruction and help ensure teachers have the knowledge, skills, data, and support needed to be effective in the classroom; and improve the management of human capital in SEAs and LEAs.

Teacher and leader innovation fund.—Funds would support competitive grants to States and school districts to improve the effectiveness of the education workforce in high-need schools by creating the conditions to identify, recruit, prepare, retain, and advance effective teachers, principals, and school leadership teams in those schools.

Teacher and leader pathways.—Funds would support competitive grants to: (1) school districts, to create and expand pathways into teaching and increase the number of effective teachers serving in high-need and low-performing schools and high-need fields and subjects; and (2) States and school districts, to recruit, prepare, and retain effective principals and school leadership teams with the skills to turn around low-performing schools.

Expanding educational options.—Funds would support competitive grants to SEAs, local educational agencies, charter school authorizers, charter management organizations, and other nonprofit organizations to start or expand high-performing autonomous schools, including charter schools . A portion of the funds would also support competitive grants to LEAs, and to SEAs in partnership with one or more high-need LEAs, to develop and implement a comprehensive choice program that increases the range of high-quality educational options available to students and improves the academic achievement of students attending low-performing schools.

Magnet schools assistance.—Funds support competitive grants to LEAs to establish and operate magnet school programs that are part of an approved desegregation plan.

Fund for the improvement of education: programs of national significance.—Funds would support nationally significant projects to improve the quality of elementary and secondary education, including a data quality initiative designed to improve the quality, analysis, and reporting of Department of Education elementary and secondary education data.

Object Classification (in millions of dollars)

Federal Funds

[For carrying out activities authorized by subpart 3 of part C of title II, 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 1965, $393,053,000: Provided, That $224,053,000 shall be available for subpart 2 of part A of title IV, of which $8,212,000 shall be used for activities authorized under subpart 3 of part D of title V: Provided further, That $134,000,000 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 $13,383,000 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 knowledge, understanding, and support of the Congress and the State legislatures.] (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

The Administration is proposing legislation reauthorizing the Elementary and Secondary Education Act, including programs in this account. Consistent with this reauthorization proposal, the Budget proposes to rename this account Supporting Student Success and realign programs in ESEA accounts. When new authorizing legislation is enacted, resources will be requested for these programs. See the "Legislative proposal, not subject to PAYGO" schedule for additional details.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

Promise neighborhoods.—Funds would support competitive grants and other activities for projects designed to significantly improve the educational and developmental outcomes of children within the Nation's most distressed communities, with the goal of transforming those communities so that all children in the community have access to a cradle-through-college-and-career continuum of academic programs and community supports, including effective schools and services.

Successful, safe, and healthy students.—Funds would support competitive grants and other activities to assist States, local educational agencies (LEAs), and partnerships between LEAs and non-profit organizations or local government entities in improving school climate; reducing or preventing drug use, violence, or harassment; and promoting and supporting the physical and mental well-being of students so that schools are safe, healthy, and drug-free environments.

21st century community learning centers.—Funds would support competitive grants and other activities to assist States, local educational agencies (LEAs), and partnerships between LEAs and non-profit organizations or local governmental entities in operating 21st Century Community Learning Centers. These centers would serve students through activities that improve their academic achievement by providing additional time for students to engage in learning and providing access to comprehensive supports that promote academic achievement as well as mental and physical health.

Object Classification (in millions of dollars)

Federal Funds

[For carrying out part A of title III of the Elementary and Secondary Education Act of 1965, $750,000,000, which shall become available on July 1, 2010, and shall remain available through September 30, 2011, except that 6.5 percent of such amount shall be available on October 1, 2009, and shall remain available through September 30, 2011, to carry out activities under section 3111(c)(1)(C): Provided, That the Secretary of Education shall use estimates of the American Community Survey child counts for the most recent 3-year period available to calculate allocations under such part.] (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

The Administration is proposing legislation reauthorizing the Elementary and Secondary Education Act, including programs in this account. Consistent with this reauthorization proposal, the Budget proposes to rename this account English Learner Education and realign programs in ESEA accounts. When new authorizing legislation is enacted, resources will be requested for these programs. See the "Legislative proposal, not subject to PAYGO" schedule for additional details.

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under proposed legislation to reauthorize the Elementary and Secondary Education Act of 1965.

Language acquisition State grants.—This program provides formula grants to States to improve services for English language learners. States are accountable for demonstrating that English language learners are making progress toward proficiency in English and meeting the same high State academic standards as all other students. The statute also authorizes national activities, including professional development, evaluation, and a national information clearinghouse on English language acquisition.

Object Classification (in millions of dollars)

Federal Funds

For carrying out the Individuals with Disabilities Education Act ("IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, [$12,587,035,000] $12,836,190,000, of which [$3,726,354,000] $3,135,634,000 shall become available on July 1, [2010] 2011, and shall remain available through September 30, [2011] 2012, and of which [$8,592,383,000] $9,433,103,000 shall become available on October 1, [2010] 2011, and shall remain available through September 30, [2011] 2012, for academic year [2010-2011: Provided, That $13,250,000 shall be for Recording for the Blind and Dyslexic, Inc., to support the development, production, and circulation of accessible educational materials: Provided further, That $737,000 shall be for the recipient of funds provided by Public Law 105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the Individuals with Disabilities Education Improvement Act of 2004) to provide information on diagnosis, intervention, and teaching strategies for children with disabilities] 2011-2012: Provided [further], That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year [2009] 2010, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the amount for that activity during fiscal year [2009: Provided further, That the part B and C funds awarded to States under the American Recovery and Reinvestment Act of 2009 for fiscal year 2009 shall not be considered for the purposes of calculating State allocations under sections 611, 619, and 643 for fiscal year 2010 and succeeding years] 2010: Provided further, That funds made available for the Special Olympics Sport and Empowerment Act of 2004 may be used to support expenses associated with the Special Olympics National and World games. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Summary of Budget Authority and Outlays (in millions of dollars)

SUMMARY OF GRANTS TO STATES PROGRAM LEVEL [in millions of dollars]

State Grants:

Grants to States.—Formula grants are provided to States to assist them in providing special education and related services to children with disabilities ages 3 through 21.

Preschool grants.—Formula grants provide additional funds to States to further assist them in providing special education and related services to children with disabilities ages three through five served under the Grants to States program.
The goal of both of these programs is to improve results for children with disabilities by assisting State and local educational agencies to provide children with disabilities with access to high quality education that will help them meet challenging standards and prepare them for employment and independent living.

Grants for infants and families.—Formula grants are provided to assist States to implement statewide systems of coordinated, comprehensive, multi-disciplinary interagency programs to provide early intervention services to children with disabilities, birth through age two, and their families.
The goal of this program is to help States provide a comprehensive system of early intervention services that will enhance child and family outcomes.

National activities.—These activities include personnel preparation, technical assistance, and other activities to support State efforts to improve results for children with disabilities under the State Grants programs.
The goal of National Activities is to link States, school systems, and families to best practices to improve results for infants, toddlers, and children with disabilities.
Performance data related to program goals include:

Object Classification (in millions of dollars)

Program and Financing (in millions of dollars)

The resources in this schedule are proposed for later transmittal under pending legislation for the Best Buddies Empowerment for People with Intellectual Disabilities Act of 2009.

The proposed Mentoring for Individuals with Intellectual Disabilities program would support Best Buddies mentoring activities and programs for people with intellectual disabilities. Best Buddies is an international nonprofit 501(c)(3) organization that is dedicated to enhancing opportunities for children and adults with intellectual disabilities through one-to-one friendships, integrated employment, and leadership development activities.

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, [$3,506,861,000: Provided, That for purposes of determining whether a State may administer the Centers for Independent Living program under section 723 of the Rehabilitation Act, for fiscal year 2010, the Secretary shall exclude American Recovery and Reinvestment Act of 2009 funds awarded in fiscal year 2009 from the calculation of Federal funding allotted under section 721(c) and (d) of the Rehabilitation Act: Provided further, That $5,095,000 shall be used for the projects, and in the amounts, specified under the heading "Rehabilitation Services and Disability Research'' in the statement of the managers on the conference report accompanying this Act] $3,565,326,000: Provided, That the Secretary of Education may allocate to States, in accordance with a formula determined by the Secretary, up to $56,282,000 of the funds provided for the Vocational Rehabilitation State Grants program: Provided further, That section 302(g)(3) of the Rehabilitation Act shall not apply to funds provided under section 302 of such Act: Provided further, That of the amount provided for Grants for Independent Living under Part B of Title VII of the Rehabilitation Act, the Secretary of Education shall reserve no more than 1.46 percent for training and technical assistance activities: Provided further, That of the amount provided for Grants for Independent Living under part B of title VII of the Rehabilitation Act, no State or Outlying Area shall receive less than the combined amount it received under parts B and C of title VII of such Act for fiscal year 2010, provided that the State or Outlying Area matches, in cash or in kind, the equivalent of one dollar for each nine dollars in Federal funds it received for fiscal year 2010 under part B of title VII of such Act: Provided further, That each State or Outlying Area shall reserve 5 percent of its allocation for Grants for Independent Living to support the operation of a Statewide Independent Living Council, as authorized under section 705 of the Rehabilitation Act: Provided further, That each State or Outlying Area shall award no less than 90 percent of its allocation to centers for independent living that meet the standards and assurances in section 725 of the Rehabilitation Act: Provided further, That such allocation of funds among centers for independent living shall be based on an approved State Plan for Independent Living that is developed in accordance with section 704 of the Rehabilitation Act and makes independent living services available in all counties within the State or Outlying Area: Provided further, That, of the amounts provided under this heading, $30,000,000 shall be available under Title II of the Rehabilitation Act to the Secretary of Education in cooperation with the Secretary of Labor and, as appropriate, other heads of departments and agencies, to identify and validate innovative strategies for improving program delivery and outcomes for program beneficiaries. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Vocational Rehabilitation State grants.—The basic State grants program provides Federal matching funds to State vocational rehabilitation (VR) agencies to assist individuals with physical or mental impairments to become gainfully employed. Services are tailored to the specific needs of the individual. Priority is given to serving those with the most significant disabilities. Current law requires that between 1.0 percent and 1.5 percent of the funds appropriated for the VR State grants program be set aside for Grants for Indians.
The program performance measures for this program are based on State VR agency performance indicators developed pursuant to Section 106 of the Rehabilitation Act. One of these indicators measures the percentage of general and combined State VR agencies that assist at least 55.8 percent of individuals receiving services to achieve an employment outcome. In 2008, 79 percent of the agencies met this performance criterion. Another indicator measures the percentage of general and combined State VR agencies that assist at least 85 percent of individuals with employment outcomes to achieve competitive employment. In 2008, 96 percent of general and combined agencies met this performance criterion. These outcome data are based on the approximately 353,880 individuals whose service records were closed in 2008 after receiving services.
The request for the VR State Grants program reflects the Administration's proposal to consolidate the funds of the smaller VR-related programs and eliminate their separate funding authorities under the Rehabilitation Act in order to reduce duplication of effort and administrative costs, streamline program administration at the Federal and local level, and improve accountability. An additional $56.282 million would be made available to the VR State Grants program from the consolidation of employment-related programs.

Client assistance State grants.—Formula grants are made to States to provide assistance in informing and advising clients and applicants about benefits available under the Rehabilitation Act and, if requested, to pursue legal or administrative remedies to ensure the protection of the rights of individuals with disabilities.

Training.—Grants are made to States and public or nonprofit agencies and organizations, including institutions of higher education, to increase the number of skilled personnel available for employment in the field of rehabilitation and to upgrade the skills of those already employed.

National activities to improve rehabilitation services.—Funds would be used to support technical assistance and short-term projects designed to improve program performance and the delivery of vocational rehabilitation and independent living services under the Rehabilitation Act.

Supported employment extended services for youth with significant disabilities.—Grants would be awarded on a competitive basis to assist States in expanding supported employment opportunities for youth with significant disabilities as they transition from school to the workforce. Funds would be used to expand the provision of extended services that support and maintain such individuals in supported employment after receiving services provided by the VR State Grants program.

Independent living.—Grants would be awarded to States and nonprofit agencies to support a network of independent living centers that assist individuals with significant disabilities in their achievement of self-determined independent living goals. In addition, grants would provide support services to older blind individuals to increase their ability to care for their own needs.

Protection and advocacy of individual rights.—Formula grants are made to State protection and advocacy systems to protect the legal and human rights of individuals with disabilities.

Recreational programs.—Grants are made to provide individuals with disabilities with recreational and related activities to aid in their employment, mobility, independence, socialization, and community integration.

National Institute on Disability and Rehabilitation Research.—The Institute carries out a comprehensive and coordinated program of rehabilitation research and related activities. Through grants and contracts, it supports the conduct and dissemination of research and development aimed at improving the lives of individuals with disabilities. The Institute also promotes the development and utilization of new technologies to assist these individuals in achieving greater independence and integration into society. Funds would also be used to conduct rigorous evaluations of programs and activities authorized under the Rehabilitation Act.

Workforce innovation fund.—Funds would be used to test and validate more effective approaches to achieving positive employment outcomes for program participants, particularly the most vulnerable populations. The Secretaries of Education and Labor (and other agency heads as appropriate) will partner to break down bureaucratic constraints and work together to build and share evidence of what works.

Helen Keller National Center for Deaf-Blind Youths and Adults.—The Center provides services to deaf-blind youths and adults and provides training and technical assistance to professional and allied personnel at its national headquarters center and through its regional representatives and affiliate agencies.

Assistive technology.—Assistive Technology (AT) programs support AT State grants to implement comprehensive Statewide programs designed to maximize the ability of individuals with disabilities of all ages to obtain assistive technology. States conduct activities that include alternative financing programs, device reutilization programs, device loan programs, and device demonstrations. Formula grants are also provided under the AT Protection and Advocacy program to systems established under the Developmental Disabilities Assistance and Bill of Rights Act for protection and advocacy services to assist individuals with disabilities of all ages. Funds also support national technical assistance activities for these formula grant programs.

Object Classification (in millions of dollars)

For carrying out the Act of March 3, 1879, $24,600,000. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

The Federal appropriation supports: the production and distribution of free educational materials for students below the college level who are blind, research related to developing and improving products, and advisory services to consumer organizations on the availability and use of materials. In 2009, the portion of the Federal appropriation allocated to educational materials represented approximately 67 percent of the Printing House's total sales. The full appropriation represented approximately 82 percent of the Printing House's total budget.

For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, [$68,437,000] $64,677,000, of which [$5,400,000] $1,640,000 shall be for construction and shall remain available until expended: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

This residential program provides postsecondary technical and professional education for people who are deaf to prepare them for employment, provides training, and conducts applied research into employment-related aspects of deafness. In 2010, the Federal appropriation represented approximately 75 percent of the Institute's operating budget. The 2011 request includes funds for a heating, ventilation, and air conditioning (HVAC) project. The request includes funds that may be used for the Endowment Grant program.

For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, [$123,000,000, of which $5,000,000 shall be for construction and shall remain available until expended] $118,000,000: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

This institution provides undergraduate, continuing education, and graduate programs related to deafness for students who are deaf and hearing. The University also conducts basic and applied research and provides public service programs for persons who are deaf and persons who work with them.

Gallaudet operates the Laurent Clerc National Deaf Education Center, which includes two elementary and secondary education programs on the main campus of the University. The Kendall Demonstration Elementary School serves students who are deaf from infancy through age 15, and the Model Secondary School for the Deaf (MSSD) serves high school age students who are deaf. The Clerc Center also develops and disseminates information on effective educational techniques and strategies for teachers and professionals working with students who are deaf or hard of hearing.

In 2009, the appropriation for Gallaudet represented 65 percent of the total revenue for university-level programs and 99 percent of the revenue related to the elementary and secondary schools. In addition, the University receives other Federal funds such as student financial aid, vocational rehabilitation, Endowment Grant program income, and competitive grants and contracts. The request includes funds that may be used for the Endowment Grant program.

Federal Funds

For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006, the Adult Education and Family Literacy Act ("AEFLA''), [subpart 4 of part D of title V of the Elementary and Secondary Education Act of 1965 ("ESEA'')] and title VIII-D of the Higher Education Amendments of 1998, [$2,016,447,000, of which $4,400,000 shall become available on October 1, 2009, and remain available through September 30, 2011] $1,942,707,000, of which [$1,221,047,000] $1,151,707,000 shall become available on July 1, [2010] 2011, and shall remain available through September 30, [2011] 2012, and of which $791,000,000 shall become available on October 1, [2010] 2011, and shall remain available through September 30, [2011] 2012: Provided, That [in allocating AEFLA State grants, the Secretary of Education shall first distribute up to $45,907,000 to those States and outlying areas that, due to administrative error, were underpaid for fiscal years 2003 through 2008 in the amounts such States and outlying areas were underpaid: Provided further, That the Secretary shall not reduce the allocations for those years to the States and outlying areas that were overpaid through such error, or take other corrective action with respect to those overpayments: Provided further, That the additional funds provided to States and outlying areas to correct the administrative error shall not be considered in determining the "hold harmless'' amounts under section 211(f) of the AEFLA for fiscal year 2011 or subsequent fiscal years: Provided further, That] of the amount provided for Adult Education State Grants, $75,000,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited English proficient populations: Provided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the AEFLA, 65 percent shall be allocated to States based on a State's absolute need as determined by calculating each State's share of a 10-year average of the United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated an amount less than $60,000: Provided further, That of the amounts made available for AEFLA, [$11,346,000] $41,346,000 shall be for national leadership activities under section 243[: Provided further, That $88,000,000 shall be available to support the activities authorized under subpart 4 of part D of title V of the ESEA, of which up to 5 percent shall become available on October 1, 2009, and shall remain available through September 30, 2011, for evaluation, technical assistance, school networks, peer review of applications, and program outreach activities, and of which not less than 95 percent shall become available on July 1, 2010, and remain available through September 30, 2011, for grants to local educational agencies: Provided further, That funds made available to local educational agencies under this subpart shall be used only for activities related to establishing smaller learning communities within large high schools or small high schools that provide alternatives for students enrolled in large high schools: Provided further, That the Secretary of Education may use amounts available under this heading for the necessary costs of any closeout of the National Institute for Literacy], of which $30,000,000 shall be available to the Secretary of Education in cooperation with the Secretary of Labor and, as appropriate, other heads of departments and agencies, to identify and validate innovative strategies for improving program delivery and outcomes for program beneficiaries. (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

SUMMARY OF PROGRAM LEVEL

(in millions of dollars)

Career and Technical Education:

State grants.—Funds support formula grants to States for programs that focus on improving the academic achievement and career and technical skills of secondary and postsecondary students.

National programs.—Funds support discretionary activities to help improve career and technical education programs in high schools and community colleges, including a national research center on career and technical education, and evaluation activities.
Adult education:

State programs.—Funds support formula grants to States to help eliminate functional illiteracy among the Nation's adults, to assist adults in obtaining a high school diploma or its equivalent, and to promote family literacy. A portion of the funds is reserved for formula grants to States to provide English literacy and civics education for immigrants and other limited English proficient adults.

National leadership activities.—Funds support discretionary activities to evaluate the effectiveness of Federal, State, and local adult education programs, and to test and demonstrate methods of improving program quality. In addition, the Budget proposes that funds would be used to test and validate more effective approaches to achieving positive employment outcomes for program participants, particularly the most vulnerable populations. The Secretaries of Education and Labor (and other heads of departments and agencies, as appropriate) will partner to break down bureaucratic constraints and work together to build and share evidence of what works.

State grants for workplace and community transition training of incarcerated individuals.—Funds support formula grants to State correctional agencies that assist and encourage incarcerated individuals to acquire postsecondary education, counseling, and vocational training.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For carrying out, to the extent not otherwise provided, titles [II,] III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965 ("HEA''), [section 1543 of the Higher Education Amendments of 1992,] the Mutual Educational and Cultural Exchange Act of 1961, [title VIII of the Higher Education Amendments of 1998, part I of subtitle A of title VI of the America COMPETES Act,] and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, [$2,255,665,000] $2,131,493,000: Provided, That $9,687,000, to remain available through September 30, [2011] 2012, shall be available to fund fellowships for academic year [2011-2012] 2012-2013 under subpart 1 of part A of title VII of the HEA, under the terms and conditions of such subpart 1: Provided further, That $609,000 shall be for data collection and evaluation activities for programs under the HEA, including such activities needed to comply with the Government Performance and Results Act of 1993: Provided further, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further, That notwithstanding any other provision of law, a recipient of a multi-year award under section 316 of the HEA, as that section was in effect prior to the date of enactment of the Higher Education Opportunity Act ("HEOA''), that would have otherwise received a continuation award for fiscal year [2010] 2011 under that section, shall receive under section 316, as amended by the HEOA, not less than the amount that such recipient would have received under such a continuation award: Provided further, That the portion of the funds received under section 316 by a recipient described in the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such continuation award: [Provided further, That $1,500,000, to remain available until expended, shall be available to carry out a scholarship program for the purpose of increasing the skilled workforce for industrial health and safety occupations, including mine safety: Provided further, That the Secretary of Education shall identify these scholarships as "Erma Byrd Scholarships'': Provided further, That such scholarships shall be awarded without regard to an applicant's prior work experience, but the Secretary shall, notwithstanding section 437 of the General Education Provisions Act and 5 U.S.C. 553, by notice in the Federal Register, establish the eligibility requirements, service obligations, payback requirements, and other program requirements similar to those specified in section 515 of the Federal Mine Safety and Health Act as are necessary to implement such a program: Provided further, That such scholarship funds may be used to replace a student's expected family contribution, but institutions accepting such scholarship funds may not use these funds to supplant existing institutional aid: Provided further, That the Secretary shall be authorized to accept contributions for such scholarships from private sources: Provided further, That these funds shall be used for scholarships for academic year 2010-2011 and may be available for scholarships in academic year 2011-2012: Provided further, That $101,507,000 shall be used for the projects, and in the amounts, specified under the heading "Higher Education'' in the statement of the managers on the conference report accompanying this Act: provided further, That $17,750,000 shall be used for the programs specified under the "Fund for the Improvement of Post Secondary Education'' in the statement of the managers in accordance with the specified sections] Provided further, That notwithstanding section 721(c) of the HEA, funds to carry out the Thurgood Marshall Legal Educational Opportunity program under section 721 shall be awarded competitively, and any recipient shall be authorized to award subcontracts and subgrants under section 721(f). (Department of Education Appropriations Act, 2010.)

Program and Financing (in millions of dollars)