Special Educational Needs Act of 1987

Special Educational Needs Act of 1987 - Chapter 1: Financial Assistance to Meet Special Educational Needs of Children - Replaces chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Education Consolidation and Improvement Act of 1981 and title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965.

Provides for assistance to improve the educational opportunities of educationally deprived children.

Part A: Basic Programs Operated by Local Education Agencies - Subpart 1: Allocations - Directs the Secretary of Education to determine criteria for allocation of basic grants to territories.

Sets forth a special formula for Puerto Rico.

Sets forth a formula for allocation of basic grants to local educational agencies on the basis of number of children in specified categories to be counted and the average per pupil expenditure (within limits) in a State. Provides that the categories of children to be counted are as follows: (1) number of children aged five to 17, inclusive, in the school district from families below the poverty level; (2) number of such children from families above the poverty level; and (3) number of such children living in institutions for neglected or delinquent children, or being supported in foster homes with public funds. Sets forth provisions for a program for Indian children.

Directs the Secretary to make payments to State educational agencies for grants made on the basis of entitlements created under such basic grants provisons during the period of FY 1988 through 1993.

Provides for additional grants for local education agencies in counties with especially high concentrations of children from low-income families. Reserves specified funds for such purpose.

Subpart 2: Basic Program Requirements - Requires local educational agencies to use funds received under this chapter only for programs and projects designed to meet the special educational needs of educationally deprived children. Sets forth authorized uses of such funds. Sets forth provisions for innovation projects and for program improvement.

Sets forth local educational agency application requirements.

States that eligible school attendance areas are those having high concentrations of children from low-income families. Sets forth procedures for designation of such areas.

Requires a local educational agency to use funds received under this chapter for educationally deprived children identified as having the greatest need for special assistance. Sets forth provisions for assessment of educational need. Provides for continued eligibility during the same school year for educationally deprived children who transfer to ineligible areas or schools. Permits local educational agencies to skip eligible children who are receiving services of the same nature and scope from non-Federal sources. Provides for eligibility of children of limited English proficiency and handicapped children under specified conditions. Provides that a child who was previously identified as being in greatest need of assistance but is no longer, and who continues to be educationally deprived, may participate in the program for two additional years. Provides for eligibility for children transferred from a State operated program for neglected and delinquent children.

Permits the local education agency to carry out a schoolwide project to upgrade the entire educational program of a school in the case of any school serving an eligible attendance area in which not less than 75 percent of the children are from low-income families. Sets forth requirements for designation of such schools, approval of the plan, operation of the project, and use of funds. Sets forth accountability provisions for continuation of such schoolwide project.

Sets forth provisions for parental involvement.

Sets forth provisions for participation of children enrolled in private schools.

Sets forth various fiscal requirements, including maintenance of effort. Requires that Federal funds supplement, not supplant, regular non-Federal funds. Permits a local educational agency to receive funds under this chapter only if State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are at least comparable to services being provided in areas in such district which are not receiving such funds. Permits exclusion of certain special State and local program funds for purposes of such requirements. Prohibits any State from taking into consideration payments under this chapter in determining the eligibility of any local educational agency for State aid, or the amount of State aid, with respect to free public education of children.

Requires local and State evaluations of chapter 1 programs. Requires schools which show a decline in achievement of children served under this chapter in any two consecutive years to submit a detailed plan of improvement to the local educational agency. Requires the local educational agency to: (1) review such plan and provide technical assistance for program improvement at such school; and (2) if achievement continues to decline for two additional years, notify the State educational agency which shall then provide technical assistance for program improvement.

Part B: Even Start Programs Operated by Local Educational Agencies - Provides for grants to integrate early childhood education and adult education for parents.

Provides, within specified limits, that such grants shall be made to each State in the same proportion as grants are allocated under part A. Reserves a specified amount for migrant programs.

Provides that funds made available to local educational agencies under this part shall be used to provide family-centered education programs to help parents become full partners in the education of their children and to assist children in reaching their full potential as learners. Sets forth program elements. Provides that funds under this part may be used for not more than 80 percent of the total cost of the program in the first year of funding, 60 percent in the second year, 40 percent in the third year, and 20 percent in the fourth and any subsequent year. Provides that additional funds may be obtained from any available source, including part A of this chapter.

Makes eligible for participation in this program families that include: (1) a parent who is eligible for participation in an adult basic education program under the Adult Education Act; and (2) a child aged one to seven, inclusive, who resides in a school attendance area designated for participation in part A programs.

Set forth local application requirements.

Requires each State educational agency to appoint a review panel that will award grants on the basis of proposals which meet specified criteria. Provides that grants may be awarded for up to four years.

Requires the Secretary to: (1) provide for the annual independent evaluation of programs under this part; and (2) submit to the Congress an annual review and summary of the results of such evaluations.

Authorizes appropriations for FY 1988 through 1993 for purposes of this part.

Part C: Secondary School Programs for Basic Skills Improvement and Dropout Prevention - Provides for grants to States for local educational agencies with high concentrations of low-income children to improve the achievement of educationally deprived children and potential dropouts enrolled in secondary schools and such children who have already dropped out of school.

Provides, within limits, that such grants will be made to each State in the same proportion as grants to States are allocated under part A.

Provides that only local educational agencies in counties which meet certain requirements with respect to concentrations of low-income children shall be eligible to receive grants under this part.

Sets forth authorized uses of funds under this part.

Makes eligible for program participation secondary school students who meet part A requirements as educationally deprived children having the greatest need for special assistance, and students who are dropouts or potential dropouts.

Sets forth local application requirements and the selection process for award of grants. Provides that such grants may be awarded for up to three years. Requires such programs to meet certain fiscal and evaluation requirements.

Authorizes appropriations for FY 1988 through 1993 for purposes of this part.

Part D: Programs Operated by State Agencies - Subpart 1: Programs for Migratory Children - Entitles a State educational agency or a combination of such agencies, upon application, to receive a grant for any fiscal year under this part to establish or improve, either directly or through local educational agencies, programs of education for children of migratory agricultural workers or migratory fishermen.

Sets forth a formula for determining the amount of such grants on the basis of average per pupil expenditure and numbers of full-time and part-time residents who are migratory children aged three to 21, inclusive. Sets forth a special formula for Puerto Rico.

Sets forth program requirements for approval of applications. Sets forth a provision for by-passing a State under certain conditions.

Sets forth provisions for coordination of migrant education activities. Reserves specified funds for such purpose.

Subpart 2: Programs for Handicapped Children - Makes a State agency which is directly responsible for providing free public education for handicapped children eligible to receive a grant under this subpart for any fiscal year.

Sets forth a formula for determining the amount of such grant based on average per pupil expenditure and the number of handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with the State agency. Sets forth a special formula for Puerto Rico. Provides for the counting of children transferring from State to local programs under specified conditions.

Sets forth program requirements.

Subpart 3: Programs for Neglected and Delinquent Children - Entitles a State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions to receive a grant under this subpart for any fiscal year.

Sets forth a formula for determining the amount of such grant based on average per pupil expenditure and the number of such neglected or delinquent children in average daily attendance at schools for such children operated or supported by the State agency, including schools providing education for such children under contract or other arrangement with such agency. Sets forth a special formula for Puerto Rico.

Sets forth program requirements. Makes such grants available for projects up to three years. Requires annual program evaluations.

Reserves specified amounts for transition services. Authorizes the Secretary to make grants to State and local educational agencies to support projects to facilitate the transition of children from State-operated institutions for neglected and delinquent children into locally operated programs and into a regular school program. Requires that such grants be used to provide special educational services for such children in schools other than State-operated institutions.

Subpart 4: General Provision for State-Operated Programs - Authorizes appropriations for each fiscal year for purposes of each of subparts 1, 2, and 3 of this part, in an amount equal to not more than one percent of the amount appropriated for such year for such subparts for payments to specified territories of the United States.

Part E: Payments - Sets forth payment methods for this chapter. Sets forth the amount of payments to local education agencies. Provides for adjustments in allocations to States where necessitated by the amount of appropriations.

Provides for payments for State administration.

Sets a limitation on grants to Puerto Rico under this chapter.

Provides that no entitlement authority or authority to enter into grants, contracts, or other financial assistance agreements under this chapter shall be effective except to the extent or in such amounts as are provided in advance in appropriation Acts.

Part F: General Provisions - Subpart 1: Federal Administration - Authorizes the Secretary to issue necessary regulations. Provides that programs under this chapter may not be required to follow anyone instructional model. Requires that proposed regulations be reviewed by regional panels of Federal, State, and local administrators.

Sets forth provisions for the availability of appropriations.

Sets forth provisions for the withholding of payments to States. Provides for judicial review of such withholding.

Directs the Secretary to develop national standards for local evaluation of programs under this chapter. Directs the Secretary to report biennially to the appropriate congressional committees on State and local evaluation results based on specified data.

Directs the Secretary to conduct a national longitudinal study of eligible children participating in programs under this chapter. Requires a follow-up of the initial survey. Requires a final report on the study to be submitted to the appropriate congressional committees by January 1, 1997, and an interim report by January 1, 1993.

Directs the Secretary to prepare and distribute a policy manual for this chapter.

Directs the Secretary to respond within 30 days to inquiries of State or local educational agencies with respect to this chapter.

Directs the Secretary to continue, establish, and expend technical assistance centers to provide assistance to State and local educational agencies with respect to programs under this chapter.

Provides for Federal dissemination of exemplary programs through the National Diffusion Network.

Directs the Secretary to provide for review of State and local administration of programs under this chapter.

Authorizes the Secretary to make small grants for applied research on promising educational models for serving educationally deprived children under this chapter.

Authorizes appropriations for FY 1988 through 1993 for Federal evaluation, technical assistance, and research activities related to this chapter and for authorized studies.

Subpart 2: State Administration - Sets forth provisions relating to State rulemaking.

Directs each State educational agency to keep such records and provide such information to the Secretary as may be required for fiscal audit and program evaluation.

Provides that, under certain conditions, public school personnel paid entirely by funds made available under this chapter may be assigned limited supervisory duties.

Subpart 3: Definitions - Sets forth definitions for purposes of this chapter.

Chapter 2: Miscellaneous Provisions - Repeals chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Education Consolidation and Improvement Act of 1981 and title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965.

Sets forth transition provisions.