Page:United States Statutes at Large Volume 113 Part 2.djvu/783

 PUBLIC LAW 106-113—APPENDIX D 113 STAT. 1501A-265 may be used to pay the salary of teachers hired under section 307 of the Department of Education Appropriations Act, 1999. (d)(1) Each State receiving funds under this section shall report on activities in the State under this section, consistent with section 6202(a)(2) of the Elementary and Secondary Education Act of 1965. (2) Each State and local educational agency receiving funds under this section shall publicly report to parents on its progress in reducing class size, increasing the percentage of classes in core academic areas taught by fully qualified teachers who are certified within the State and demonstrate competency' in the content areas in which they teach, and on the impact that hiring additional highly qualified teachers and reducing class size, has had, if any, on increasing student academic achievement. (3) Each school receiving funds under this, section shall provide to parents upon request, the professional qualifications of their child's teacher. (e) If a local educational agency uses funds made available under this section for professional development activities, the agency shall ensure for the equitable participation of private nonprofit elementary and secondary schools in such activities. Section 6402 of the Elementary and Secondary Education Act of 1965 shall not apply to other activities under this section. (f) ADMINISTRATIVE EXPENSES. —^A local educational agency that receives funds under this section may use not more than 3 percent of such funds for local administrative costs. (g) REQUEST FOR FUNDS. —Each local educational agency that desires to receive funds under this section shall include in the application required under section 6303 of the Elementary and Secondary Education Act of 1965 a description of the agency's program to reduce class size by hiring additional highly qualified teachers. (h) No funds under this section may be used to pay the salary of any teacher hired with funds under section 307 of the Department of Education Appropriations Act, 1999, unless, by the start of the 2000-2001 school year, the teacher is certified within the State (which may include certification through State or local alternative routes) and demonstrates competency in the subject areas in which he or she teaches. (i) Titles III and IV of the Goals 2000: Educate America Act are repealed on September 30, 2000. LIMITATION ON PUNITIVE DAMAGES AWARDED AGAINST INSTITUTIONS OF HIGHER EDUCATION SEC. 311. Section 5 of the Y2K Act (15 U.S.C. 6604) is amended by adding at the end the following: " (d) INSTITUTIONS OF HIGHER EDUCATION.— "(1) IN GENERAL. —Subject to paragraph (2), punitive damages in a Y2K action may not be awarded against an instituion of higher education as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). "(2) EXCEPTION. —Paragraph (1) shall not apply to an institution of higher education if the Y2K failure in the Y2K action occurred in a computer-based student financial aid system of that institution of higher education, and the institution— "(A) has not passed Y2K data exchange testing with the Department of Education; or

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