Page:United States Statutes at Large Volume 115 Part 2.djvu/488

 115 STAT. 1472 PUBLIC LAW 107-110-JAN. 8, 2002 "(ii) to provide services to such children that are supplementary, as otherwise required by section 1120A(b). "(B) SUPPLEMENTAL FUNDS.— ^A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children with limited English proficiency. "(3) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS.— "(A) EXEMPTION. — Except as provided in subsection (b), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. "(B) REQUIREMENTS.— ^A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. "(C) RECORDS.— ^A school that consolidates and uses funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. "(4) PROFESSIONAL DEVELOPMENT.— Each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection (b)(1)(D) in accordance with section 1119 for such fiscal year, except that a school may enter into a consortium with another school to carry out such activities. " (b) COMPONENTS OF A SCHOOLWIDE PROGRAM. — "(1) IN GENERAL. — ^A schoolwide program shall include the following components: "(A) A comprehensive needs assessment of the entire school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based on information which includes the achievement of children in relation to the State academic content standards and

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