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cational agency will use to identify such children and youth in the State and to assess their special needs, and shall

"(A) describe procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youth;

“(B) describe programs for school personnel (including principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten the awareness of such personnel of the specific needs of runaway and homeless youth;

"(C) describe procedures that ensure that homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local food programs;

“(D) describe procedures that ensure that,

“(i) homeless children have equal access to the same public preschool programs, administered by the State agency, as provided to other children; and

“(ii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care programs;

"(E) address problems set forth in the report provided to the Secretary under subsection (f)(3):

“(F) address other problems with respect to the education of homeless children and youth, including problems caused by

"(i) transportation issues; and

"(ii) enrollment delays that are caused by

"(I) immunization requirements; "(II) residency requirements;

“(III) lack of birth certificates, school records, or other documentation; or

“(IV) guardianship issues;

“(G) demonstrate that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the enrollment and retention of homeless children and youth in schools in the State; and

“(H) contain assurances that,

“(i) except as provided in subsection (e)(3)(B), State and local educational agencies will adopt policies and practices to ensure that homeless children and youth are not segregated solely on the basis of their status as homeless; and

"(ii) designate an appropriate staff person, who may also be a coordinator for other Federal programs, as a liaison for homeless children and youth.

“(2) COMPLIANCE.- Each plan adopted under this subsection shall also demonstrate how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (9).


(A) IN GENERAL.-Each local educational agency serving a homeless child or youth assisted under this subtitle shall, according to the child's or youth's best interest, either

“(i) continue the child's or youth's education in the school of origin

“(I) for the duration of their homelessness;

“(II) if the child becomes permanently housed, for the remainder of the academic year; or

“(III) in any case in which a family becomes homeless between academic years, for the following academic year; or

“(ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

“(B) BEST INTEREST.-In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall keep, to the extent feasible, a homeless child or youth in the school of origin, except

when doing so is contrary to the wishes of the child's or youth's parent or guardian.

“(C) ENROLLMENT.–(i) A school that a homeless child seeks to enroll in shall, in accordance with this paragraph, immediately enroll the homeless child or youth even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, proof of residency, or other documentation.

"(ii) The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records.

“(iii) If the child or youth needs to obtain immunizations or immunization records, the enrolling school shall immediately refer the parent or guardian of the child or youth to the liaison who shall assist in obtaining necessary immunizations


immunization records in accordance with subparagraph (E).

“(D) RECORDS.-Any record ordinarily kept by the the school, including

including immunization records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, of each homeless child or youth shall be maintained

“(i) so that the records are available, in a timely fashion, when a child or youth enters a new school district; and

(ii) in a manner consistent with section 444 of the General Education Provisions Act.

“(E) ENROLLMENT DISPUTES.-If there is a dispute over school selection or enrollment,

“(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute;

“(ii) the parent or guardian shall be provided with a written explanation of the school's decision regarding enrollment, including the right to appeal the decision; and

“(iii) the parent or guardian shall be referred to the liaison, who shall carry out the dispute resolution process as described in paragraph (6)(D) as expeditiously as possible, after receiving notice of the dispute.

“(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere by the parents.

“(G) DEFINITION.-For purposes of this paragraph, the term "school of origin" means the school that the child or youth attended when permanently housed, or the school in which the child or youth was last enrolled.

“(H) CONTACT INFORMATION.—Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information required by the local educational agency of a parent or guardian of a nonhomeless child.

“(4) COMPARABLE SERVICES.—Each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected according to the provisions of paragraph (3), including

"(A) transportation services;

“(B) educational services for which the child or youth meets the eligibility criteria, such as services provided under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or similar State or local programs, educational programs for children with disabilities, and educational programs for students with limited-English proficiency;

“(C) programs in vocational and technical education;

“(D) programs for gifted and talented students; and

“(E) school nutrition programs. “(5) COORDINATION.

“(A) IN GENERAL.-Each local educational agency serving homeless children and youth

that receives assistance under this subtitle shall coordinate the provision of services under this subtitle with local social services agencies and other agencies or programs providing services to homeless children and youth and their families, including services and programs funded under the Runaway and Homeless Youth Act. (42 U.S.C. 5701 et seq.).

“(B) HOUSING ASSISTANCE.- If applicable, each State and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the CranstonGonzales National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youth who become homeless.

“(C) COORDINATION PURPOSE.-The coordination required under subparagraphs (A) and (B) shall be designed to

“(i) ensure that homeless children and youth have access to available education and related support services; and

“(ii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homeless children and youth.


“(A) DUTIES.—Each local liaison for homeless children and youth, designated pursuant to subsection (g)(1)(H)(ii), shall ensure that

“(i) homeless children and youth enroll in, and have an equal opportunity to succeed in, schools of that agency; “(ii) homeless families,

families, children, and youth receive educational services for which such families, children, and youth are eligible, including Head Start and Even Start programs and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental health services, and other appropriate services;

“(iii) the parents or guardians of homeless children and youth are informed of the education and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children, and

"(iv) public notice of the educational rights of homeless children and youth is disseminated where such children and youth receive services under this Act (such as family shelters and soup kitchens).

"(B) NOTICE.-State coordinators and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families of the duties of the liaisons.

(C) LOCAL AND STATE COORDINATION.Local educational agency liaisons for homeless children and youth shall, as a part of their duties, coordinate and collaborate with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youth.

“(D) DISPUTE RESOLUTION.—Unless another individual is designated by State law, the local educational agency liaisons for homeless children and youth shall provide resource information and assist in resolving disputes under this subtitle, should they arise.


“(A) IN GENERAL.-Each State educational agency and local educational agency that receives assistance under this subtitle, shall review and revise any policies that may act as barriers to the enrollment of homeless children and youth in schools selected in accordance with paragraph (3).

“(B) CONSIDERATION.-In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates,

school records, and other documentation, comply with, paragraphs (3) through (7) of ices provided under title I of the Elementary
and guardianship.
section 722(g); and

and Secondary Education Act of 1965 or simi-
“(C) SPECIAL ATTENTION.—Special atten “(5) a description of policies and proce lar State or local programs, programs in vo-
tion shall be given to ensuring the enroll dures, consistent with section 722(e)(3)(B), cational and technical education, and school
ment and attendance of homeless children that the agency will implement to ensure nutrition programs);
and youth who are not currently attending that activities carried out by the agency will “(3) professional development and other

not isolate or stigmatize homeless children activities for educators and pupil services "SEC. 723. LOCAL EDUCATIONAL AGENCY and youth.

personnel that are designed to heighten the GRANTS FOR THE EDUCATION OF "(c) AWARDS.

understanding and sensitivity of such perHOMELESS CHILDREN AND YOUTH.

“(1) IN GENERAL.—The State educational sonnel to the needs of homeless children and “(a) GENERAL shall, in accordance with the require

youth, the rights of such children and youth “(1) IN GENERAL.-The State educational

ments of this subtitle and from amounts under this Act, and the specific educational agency shall, in accordance with section made available to it under section 726, make

needs of runaway and homeless youth; 722(e) and from amounts made available to competitive subgrants that result in an equi

“(4) the provision of referral services to such agency under section 726, make grants table distribution of geographic areas within homeless children and youth for medical, to local educational agencies for the purpose the State to local educational agencies that

dental, mental, and other health services; of facilitating the enrollment, attendance, submit applications under subsection (b).

“(5) the provision of assistance to defray and success in school of homeless children Such subgrants shall be awarded on the basis

the excess cost of transportation for stuand youth. of the need of such agencies for assistance

dents pursuant to section 722(g)(4)(A), not “(2) SERVICES.under this subtitle and the quality of the ap

otherwise provided through Federal, State, “(A) IN GENERAL.-Services under para plications submitted.

or local funding, where necessary to enable graph (1)

“(2) NEED.-In determining need under

students to attend the school selected under "(i) may be provided through programs on paragraph (1), the State educational agency

section 722(g)(3);
school grounds or at other facilities;
may consider the number of homeless chil-

“(6) the provision of developmentally ap“(ii) shall, to the maximum extent prac dren and youth enrolled in preschool, ele

propriate early childhood education proticable, be provided through existing pro mentary, and secondary schools within the grams and mechanisms that integrate home

grams, not otherwise provided through Fedarea served by the agency, and shall consider

eral, State, or local funding, for preschoolless children and youth with nonhomeless the needs of such children and youth and the

aged children:
children and youth; and
ability of the agency to meet such needs.

(7) the provision of before- and after"(iii) shall be designed to expand or im Such agency may also consider

school, mentoring, and summer programs for prove services provided as part of a school's “(A) the extent to which the proposed use

homeless children and youth in which a regular academic program, but not replace of funds would facilitate the enrollment, re

teacher or other qualified individual prothat program.

tention, and educational success of homeless “(B) SERVICES ON SCHOOL GROUNDS. If serv children and youth;

vides tutoring, homework assistance, and suices under paragraph (1) are provided on “(B) the extent to which the application

pervision of educational activities;

“(8) if necessary, the payment of fees and school grounds, schools

reflects coordination with other local and “(i) may use funds under this subtitle to State agencies that serve homeless children

other costs associated with tracking, obtainprovide the same services to other children

ing, and transferring records necessary to and youth, and meets the requirements of and youth who are determined by the local

enroll homeless children and youth in section 722(g)(3); educational agency to be at risk of failing in,

school, including birth certificates, immuni

“(C) the extent to which the applicant exor dropping out of, schools, subject to the re

zation records, academic records, guardianhibits in the application and in current pracquirements of clause (ii). tice a commitment to education for all

ship records, and evaluations for special pro"(ii) except as otherwise provided in sec homeless children and youth; and

grams or services; tion 722(e)(3)(B), shall not provide services in “(D) such other criteria as the State agen

“(9) the provision of education and trainsettings within a school that segregates cy determines appropriate.

ing to the parents of homeless children and homeless children and youth from other chil “(3) QUALITY.-In determining the quality

youth about the rights of, and resources dren and youth except as is necessary for of applications under paragraph (1), the

available to, such children and youth; short periods of timeState educational agency shall consider

“(10) the development of coordination be"(I) for health and safety emergencies; or “(A) the applicant's needs assessment

tween schools and agencies providing serv**(II) to provide temporary, special, supple under subsection (b)(1) and the likelihood

ices to homeless children and youth, includmentary services to meet the unique needs of that the program presented in the applica

ing programs funded under the Runaway and homeless children and youth. tion will meet such needs;

Homeless Youth Act; "(3) REQUIREMENT.-Services provided "(B) the types, intensity, and coordination

"(11) the provision of pupil services (inunder this section shall not replace the reg of the services to be provided under the pro

cluding violence prevention counseling) and ular academic program and shall be designed gram;

referrals for such services; to expand upon or improve services provided “(C) the involvement of parents or guard

"(12) activities to address the particular as part of the school's regular academic pro ians;

needs of homeless children and youth that gram.

“(D) the extent to which homeless children may arise from domestic violence; “(b) APPLICATION.-A local educational and youth will be integrated within the reg

“(13) the adaptation of space and purchase agency that desires to receive a grant under ular education program;

of supplies for nonschool facilities made this section shall submit an application to “(E) the quality of the applicant's evalua

available under subsection (a)(2) to provide the State educational agency at such time, tion plan for the program;

services under this subsection; in such manner, and containing or accom “(F) the extent to which services provided

“(14) the provision of school supplies, inpanied by such information as the State edu under this subtitle will be coordinated with

cluding those supplies to be distributed at cational agency may reasonably require. other available services; and

shelters or temporary housing facilities, or Each such application shall include

“(G) such other measures as the State edu

other appropriate locations; and “(1) an assessment of the educational and cational agency considers indicative of a

"(15) the provision of other extraordinary related needs of homeless children and youth high-quality program.

or emergency assistance needed to enable in such agency (which may be undertaken as “(4) DURATION OF GRANTS.—Grants awarded homeless children and youth to attend a part of needs assessments for other dis under this section shall be for terms not to

advantaged groups);
exceed 3 years.

“(2) a description of the services and pro "(d) AUTHORIZED ACTIVITIES.-A local edu "(a) REVIEW OF PLANS.-In reviewing the
grams for which assistance is sought and the cational agency may use funds awarded State plan submitted by a State educational
problems to be addressed through the provi under this section for activities to carry out agency under section 722(g), the Secretary
sion of such services and programs;
the purpose of this subtitle, including-

shall use a peer review process and shall “(3) an assurance that the local edu “(1) the provision of tutoring, supple evaluate whether State laws, policies, and cational agency's combined fiscal effort per mental instruction, and enriched edu practices described in such plans adequately student or the aggregate expenditures of cational services that are linked to the address the problems of homeless children that agency and the State with respect to achievement of the same challenging State and youth relating to access to education the provision of free public education by content standards and challenging State stu and placement as described in such plans. such agency for the fiscal year preceding the dent performance standards the State estab “(b) TECHNICAL ASSISTANCE.—The Secfiscal year for which the determination is lishes for other children and youth;

retary shall provide support and technical made was not less than 90 percent of such “(2) the provision of expedited evaluations assistance to the State educational agencies combined fiscal effort or aggregate expendi of the strengths and needs of homeless chil to assist such agencies to carry out their retures for the second fiscal year preceding the dren and youth, including needs and eligi sponsibilities under this subtitle, if refiscal year for which the determination is bility for programs and services (such as edu quested by the State educational agency. made;

cational programs for gifted and talented "(c) REPORT.—The Secretary shall develop “(4) an assurance that the applicant com students, children with disabilities, and stu and issue not later than 60 days after the plies with, or will use requested funds to dents with limited-English proficiency, serv date of the enactment of the Stewart B.

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McKinney Homeless Education Assistance Improvements Act of 1999, a report to be made available to States, local educational agencies, and other applicable agencies regarding the following:

“(1) ENROLLMENT.-Such report shall review successful ways in which a State may assist local educational agencies to enroll homeless students on an immediate basis. The report issued by the Secretary shall

“(A) clarify that enrollment includes a homeless child's or youth's right to actually attend school; and

**(B) clarify requirements that States are to review immunization and medical or school records and to make such revisions as appropriate and necessary in order to enroll homeless students in school more quickly.

“(2) TRANSPORTATION.—The report shall also address the transportation needs of homeless students. The report issued by the Secretary shall

“(A) explicitly state that the goal of the transportation provisions contained in this Act is to provide educational stability by reducing mobility and therefore provide an effective learning environment for homeless children, and

“(B) encourage States to follow programs implemented in State law that have successfully addressed transportation barriers for homeless children.

“(d) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities.

“(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require applications for grants under this subtitle to be submitted to the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 120-day period beginning on such date.

“(f) DETERMINATION BY SECRETARY.—The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (e), shall determine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appropriate public education as described in section 721(1).


“(1) IN GENERAL.-From funds appropriated under section 726, the Secretary shall, either directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and

information regarding

“(A) the number and location of homeless children and youth;

“(B) the education and related services such children and youth receive;

“(C) the extent to which such needs are being met; and

“(D) such other data and information as the Secretary deems necessary and relevant to carry out this subtitle.

“(2) COORDINATION.—The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle.

“(h) REPORT.-Not later than 4 years after the date of the enactment of the Stewart B. McKinney Homeless Education Assistance Improvement Act of 1999, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of homeless children and youth, which shall include information on

“(1) the education of homeless children and youth; and

“(2) the effectiveness of the programs supported under this subtitle. “SEC. 725. DEFINITIONS.

“For the purpose of this subtitle, unless otherwise stated

“(1) the terms 'local educational agency' and “State educational agency' have the same meanings given such terms under section 14101, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801);

“(2) the term 'Secretary' means the Secretary of Education; and

“(3) the term “State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. "SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

“For the purpose of carrying out this subtitle, there are authorized to be appropriated $36,000,000 for fiscal year 2000 and such sums as may be necessary for each of the fiscal years 2001 through 2004.". TITLE VIII-SCHOOLWIDE PROGRAM


The Act is amended by adding at the end the following: “TITLE XVI-SCHOOLWIDE PROGRAM


MENT. "Notwithstanding the provisions of section 1114, a local educational agency may consolidate funds under part A of title I, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from lowincome families, or not less than 40 percent of the children enrolled in the school are from such families.”. TITLE X-EDUCATION OF LIMITED



Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended to read as follows: “TITLE VII—EDUCATION OF LIMITED



“This part may be cited as the 'English Language Proficiency and Academic Achievement Act'. “SEC. 7102. FINDINGS AND PURPOSES.

“(a) FINDINGS.—The Congress finds that,

“(1) English is the common language of the United States and every citizen and other person residing in the United States should have a command of the English language in order to develop to their full potential;

"(2) limited English proficient children must overcome a number of challenges in receiving an education in order to enable such children to participate fully in American society, including

“(A) segregated education programs;

“(B) disproportionate and improper placement in special education and other special programs due to the use of inappropriate evaluation procedures;

"(C) the limited English proficiency of their own parents, which hinders the parents' ability to fully participate in the education of their children; and

“(D) a need for additional teachers and other staff who are professionally trained and qualified to serve such children;

“(3) States and local educational agencies need assistance in developing the capacity to

provide programs of instruction that offer and provide an equal educational opportunity to children who need special assistance because English is not their dominant language;

“(4) Native Americans and Native American languages (as such terms are defined in section 103 of the Native American Languages Act), including native residents of the outlying areas, have a unique status under Federal law that requires special policies within the broad purposes of this Act to serve the education needs of language minority students in the United States;

“(5) the Federal Government, as exemplified by title VI of the Civil Rights Act of 1964 and section 204(f) of the Equal Education Opportunities Act of 1974, has a special and continuing obligation to ensure that States and local educational agencies take appropriate action to provide equal educational opportunities to children of limited English proficiency; and

"(6) research, evaluation, and data collection capabilities in the field of instruction for limited English proficient children need to be strengthened so that educators and other staff teaching limited English proficient children in the classroom can better identify and promote programs, program implementation strategies, and instructional practices that result in the effective education of limited English proficient children.

“(b) PURPOSES.—The purposes of this part are

“(1) to help ensure that children who are limited English proficient attain English proficiency, develop high levels of academic attainment in English, and meet the same challenging State content standards and challenging State student performance standards expected of all children; and

"(2) to develop high quality programs designed to assist local educational agencies in teaching limited English proficient children. “SEC. 7103. PARENTAL NOTIFICATION AND CON


STRUCTION. “(a) NOTIFICATION.—If a local educational agency uses funds under this part to provide English language instruction to

to limited English proficient children, the agency shall inform a parent or the parents of a child participating in an English language instruction program for limited English proficient children assisted under this part of,

“(1) the reasons for the identification of the child as being in need of English language instruction;

“(2) the child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement;

"(3) how the English language instruction program will specifically help the child acquire English and meet age-appropriate standards for grade promotion and graduation;

“(4) what the specific exit requirements are for the program;

“(5) the expected rate of transition from the program into a classroom that is not tailored for limited English proficient children; and

“(6) the expected rate of graduation from high school for the program if funds under this part are used for children in secondary schools.


“(A) INFORMED CONSENT.–For a child who has been identified as limited English proficient prior to the beginning of the school year, each local educational agency that receives funds under this part shall obtain informed parental consent prior to the placement of a child in an English language instruction program for limited English proficient children funded under this part, if

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“(i) the program does not include classes “SEC. 7104. TESTING OF LIMITED ENGLISH PRO exceeds $220,000,000, the Secretary is authorwhich exclusively or almost exclusively use


ized to award grants to eligible entities havthe English language in instruction; or

“(a) IN GENERAL.-Assessments of limited ing applications approved under section 7114 "(ii) instruction is tailored for limited English proficient children participating in to enable such entities to carry out activiEnglish proficient children.

programs funded under this part, to the ex ties described in subsection (b). “(B) WRITTEN CONSENT NOT OBTAINED.-If tent practicable, shall be in the language and “(2) LENGTH OF GRANT.-Each grant under written consent is not obtained, the local

form most likely to yield accurate and reli this section shall be awarded for a period of educational agency shall maintain a written able information on what such students time to be determined by the Secretary record that includes the date and the manner know and can do in content areas.

based on the type of grant for which the eliin which such informed consent was ob

“(b) SPECIAL RULE.—Notwithstanding sub gible entity applies. tained. section (a), in the case of an assessment of

“(b) AUTHORIZED ACTIVITIES.—Grants “(C) RESPONSE NOT OBTAINED.reading or language arts of any student who

awarded under this section shall be used to “(i) IN GENERAL.-If a response cannot be has attended school in the United States (ex

improve the education of limited English obtained after a reasonable and substantial cluding Puerto Rico) for three or more con proficient children and their families, effort has been made to obtain such consent,

secutive school years, the assessment shall through the acquisition of English and the the local educational agency shall document be in the form of a test written in English,

attainment of challenging State academic that it has given such notice and its specific except that, if the local educational agency

content standards and challenging State perefforts made to obtain such consent. determines, on a case-by-case individual

formance standards using scientifically“(ii) DELIVERY OF PROOF OF DOCUMENTA

basis, that assessments in another language based research approaches and methodoloTION.—The proof of documentation shall be and form would likely yield more accurate

gies, bymailed or delivered in writing to the parents

and reliable information on what such stu "(1) developing and implementing new or guardian of the child prior to placing the dents know and can do, the local educational

English language and academic content inchild in a program described in subparagraph agency may assess such students in the ap

structional programs for children who are (A), and shall include a final notice requestpropriate language other than English for

limited English proficient, including proing parental consent for such services. After one additional year.

grams of early childhood education and kinsuch documentation has been mailed or de “SEC. 7105. CONDITIONS ON EFFECTIVENESS OF dergarten through 12th grade education; livered in writing, the local educational


“(2) carrying out highly focused, innovaagency shall provide appropriate educational “(a) SUBPART 1.-Subpart 1 shall be in ef tive, locally designed projects to expand or services.

fect only for a fiscal year for which subpart enhance existing English language and aca“(iii) SPECIAL RULE APPLICABLE DURING 2 is not in effect.

demic content instruction programs for limSCHOOL YEAR.-A local educational agency

“(b) SUBPART 2.

ited English proficient children; may obtain parental consent under this “(1) IN GENERAL.-Subpart 2 shall be in ef

"(3) implementing, within an individual clause only for children who have not been fect only for

school, schoolwide programs for restrucidentified as limited English proficient prior

“(A) the first fiscal year for which the turing, reforming, and upgrading all relevant to the beginning of a school year. For such amount appropriated to carry out this part

programs and operations relating to English children the agency shall document, in writequals or exceeds $220,000,000; and

language and academic content instruction ing, its specific efforts made to obtain such “(B) all succeeding fiscal years.

for limited English proficient students; or consent prior to placing the child in a pro

“(2) CONTINUATION OF AWARDS.—Notwith “(4) implementing, within the entire jurisgram described in subparagraph (A). After standing any other provision of this part, a

diction of a local educational agency, agensuch documentation has been made, the local State receiving a grant under subpart 2 shall

cy-wide programs for restructuring, reformeducational agency shall provide appropriate provide one additional year of funding to eli

ing, and upgrading all relevant programs and educational services to such child. The proof gible entities in accordance with section

operations relating to English language and of documentation shall be mailed or deliv 7133(3).

academic content instruction for limited ered in writing to the parents or guardian of “SEC. 7106. AUTHORIZATIONS OF APPROPRIA English proficient students. the child in a timely manner and shall in


"(c) USES OF FUNDS.-Grants under this clude information on how to have their child “(a) SUBPART 1 OR 2.–Subject to section

section may be usedimmediately removed from the program 7105, for the purpose of carrying out subpart

“(1) to upgrade program objectives and efupon their request. This clause shall not be 1 or 2, as applicable, there are authorized to

fective instructional strategies; construed as exempting a local educational be appropriated $220,000,000 for fiscal year

"(2) to improve the instruction program agency from complying with the require 2000 and such sums as may be necessary for

for limited English proficient students by ments of this paragraph. the four succeeding fiscal years.

identifying, acquiring, and upgrading cur“(2) PARENTAL RIGHTS.-A parent or the

“(b) SUBPART 3.–For the purpose of car ricula, instructional materials, educational parents of a child participating in an English rying out subpart 3, there are authorized to

software, and assessment procedures; language instruction program for limited be appropriated $60,000,000 for fiscal year 2000

“(3) to provideEnglish proficient children assisted under and such sums as may be necessary for the

“(A) tutorials and academic or vocational subpart 1 or 2 shallfour succeeding fiscal years.

education for limited English proficient chil“(A) select among methods of instruction,

"(c) SUBPART 4.-For the purpose of car

dren; and if more than one method is offered in the rying out subpart 4, there are authorized to

"(B) intensified instruction; program; and be appropriated $16,000,000 for fiscal year 2000

"(4) to develop and implement comprehen“(B) have the right to have their child imand such sums as may be necessary for the

sive preschool or elementary or secondary mediately removed from the program upon four succeeding fiscal years.

school English language instructional protheir request.

"Subpart 1-Discretionary Grant Program grams that are coordinated with other rel"(c) RECEIPT OF INFORMATION.-A parent or “SEC. 7111. FINANCIAL ASSISTANCE FOR PRO evant programs and services; the parents of a child identified for partici

GRAMS FOR LIMITED ENGLISH PRO “(5) to provide professional development to pation in an English language instruction


classroom teachers, administrators, and program for limited English proficient chil “The purpose of this subpart is to assist other school or community-based organizadren assisted under this part shall receive, in local educational agencies, institutions of tional personnel to improve the instruction a manner and form understandable to the higher education, and community-based or and assessment of children who are limited parent or parents, the information required ganizations, through the grants authorized English proficient children; by this subsection. At a minimum, the par under section 7112, to

"(6) to improve the English language proent or parents shall receive

"(1) develop and enhance their capacity to ficiency and academic performance of lim“(1) timely information about English lan provide high-quality instruction through ited English proficient children; guage instruction programs for limited English language instruction and programs (7) to improve the instruction of limited English proficient children assisted under which assist limited English proficient chil English proficient children by providing for this part;

dren in achieving the same high levels of the acquisition or development of education (2) if a parent of a participating child so academic achievement as other children; and technology or instructional materials, acdesires, notice of opportunities for regular “(2) help such children

cess to and participation in electronic netmeetings for the purpose of formulating and “(A) develop proficiency in English; and works for materials, training and commuresponding to recommendations from such “(B) meet the same challenging State con nications, and incorporation of such reparents; and

tent standards and challenging State student sources in curricula and programs, such as "(3) procedural information for removing a performance standards expected for all chil those funded under this subpart; child from a program for limited English dren as required by section 1111(b).

“(8) to develop tutoring programs for limproficient children.

“SEC. 7112. FINANCIAL ASSISTANCE FOR IN ited English proficient children that provide “(d) BASIS FOR ADMISSION OR EXCLUSION.


early intervention and intensive instruction Students shall not be admitted to or ex “(a) PROGRAM AUTHORIZED.

in order to improve academic achievement, cluded from any federally assisted education “(1) IN GENERAL.-In accordance with sec to increase graduation rates among limited program on the basis of a surname or lan tion 7105, before the amount appropriated to English proficient children, and to prepare guage-minority status.

carry out this part for a fiscal year equals or students for transition as soon as possible

into classrooms where instruction is not tailored for limited English proficient children;

*(9) to provide family literacy services and parent outreach and training activities to limited English proficient children and their families to improve their English language skills and assist parents in helping their children to improve their academic performance; and

“(10) to undertake other activities that are consistent with the purposes of this subpart.

"(d) SPECIAL RULE.—A grant recipient, before carrying out a program assisted under this section, shall plan, train personnel, develop curricula, and acquire or develop materials.

“(e) ELIGIBLE ENTITIES.–For the purpose of this section, the term “eligible entity' means

“(1) one or more local educational agencies; or

“(2) one or more local educational agencies in collaboration with an institution of higher education, community-based organization, or local or State educational agency. “SEC. 7113. NATIVE AMERICAN AND ALASKA NA

TIVE CHILDREN IN SCHOOL. “(a) ELIGIBLE ENTITIES.–For the purpose of carrying out programs under this subpart for individuals served by elementary, secondary, and postsecondary schools operated predominately for Native American or Alaska Native children, an Indian tribe, a tribally sanctioned educational authority, a Native Hawaiian or Native American Pacific Islander native language education organization, or an elementary or secondary school that is operated or funded by the Bureau of Indian Affairs shall be considered to be a local educational agency as such term is used in this subpart, subject to the following qualifications:

“(1) INDIAN TRIBE.—The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized for the special programs and services provided by the United States to Indians because of their status as Indians.

“(2) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.-The term 'tribally sanctioned educational authority' means

"(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and

"(B) any nonprofit institution or organization that is

"(i) chartered by the governing body of an Indian tribe to operate any such school or otherwise to oversee the delivery of educational services to members of that tribe; and

"(ii) approved by the Secretary for the purpose of this section.

“(b) ELIGIBLE ENTITY APPLICATION.-Notwithstanding any other provision of this subpart, each eligible entity described in subsection (a) shall submit any application for assistance under this subpart directly to the Secretary along with timely comments on the need for the proposed program. “SEC. 7114. APPLICATIONS.


“(1) SECRETARY.—To receive a grant under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

“(2) STATE EDUCATIONAL AGENCY.-An eligible entity, with the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of its application under this section to the State educational agency.

“(b) REQUIRED DOCUMENTATION.-Such application shall include documentation that

the applicant has the qualified personnel required to develop, administer, and implement the proposed program.


“(1) IN GENERAL.-An application for a grant under this subpart shall contain the following:

"(A) A description of the need for the proposed program, and a comprehensive description of the characteristics relevant to the children being served.

“(B) An assurance that, if the applicant includes one or more local educational agencies, each such agency is complying with section 7103(b) prior to, and throughout, each school year.

“(C) A description of the program to be implemented and how such program's design

“(i) relates to the English language and academic needs of the children of limited English proficiency to be served;

“(ii) is coordinated with other programs under this Act and other Acts, as appropriate, in accordance with section 14306;

(iii) involves the parents of the children of limited English proficiency to be served;

“(iv) ensures accountability in achieving high academic standards; and

"(v) promotes coordination of services for the children of limited English proficiency to be served and their families.

“(D) A description, if appropriate, of the applicant's collaborative activities with institutions of higher education, communitybased organizations, local or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.

“(E) An assurance that the applicant will not reduce the level of State and local funds that the applicant expends for programs for limited English proficient children if the applicant receives an award under this subpart.

“(F) An assurance that the applicant will employ teachers in the proposed program who are proficient in English, including written and oral communication skills, and another language, if appropriate.

“(G) A budget for grant funds.

“(H) A description, if appropriate of how the applicant annually will assess the English proficiency of all children with limited English proficiency participating in programs funded under this subpart.

“(2) ADDITIONAL INFORMATION.—Each applicant for a grant under section 7112 who intends to use the grant for a purpose described in paragraph (3) or (4) of subsection (b) of such section

“(A) shall describe

“(i) how services provided under this subpart are supplementary to existing services;

"(ii) how funds received under this subpart will be integrated, as appropriate, with all other Federal, State, local, and private resources that may be used to serve children of limited English proficiency;

(iii) specific achievement and school retention goals for the children to be served by the proposed program and how progress toward achieving such goals will be measured; and

“(iv) current family literacy programs if applicable; and

"(B) shall provide assurances that the program funded will be integrated with the overall educational program.

“(d) APPROVAL OF APPLICATIONS.-An application for a grant under this subpart may be approved only if the Secretary determines that

“(1) the program will use qualified personnel, including personnel who are proficient in English and other languages used in instruction, if appropriate;

“(2) in designing the program for which application is made, the needs of children in nonprofit private elementary and secondary schools have been taken into account

through consultation with appropriate private school officials and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar type to those which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public school children;

“(3) student evaluation and assessment procedures in the program are valid, reliable, and fair for limited English proficient students, and that limited English proficient students who are disabled are identified and served in accordance with the requirements of the Individuals with Disabilities Education Act;

“(4) Federal funds made available for the project or activity will be used so as to supplement the level of State and local funds that, in the absence of such Federal funds, would have been expended for special programs for limited English proficient children and in no case to supplant such State and local funds, except that nothing in this paragraph shall be construed to preclude a local educational agency from using funds under this title for activities carried out under an order of a court of the United States or of any State respecting services to be provided such children, or to carry out a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 with respect to services to be provided such children; and

“(5) the assistance provided under the application will contribute toward building the capacity of the applicant to provide a program on a regular basis, similar to that proposed for assistance, which will be of sufficient size, scope, and quality to promise significant improvement in the education of students of limited English proficiency, and that the applicant will have the resources and commitment to continue the program when assistance under this subpart is reduced or no longer available.

"(e) CONSIDERATION.-In approving applications under this subpart, the Secretary shall give consideration to the degree to which the program for which assistance is sought involves the collaborative efforts of institutions of higher education, community-based organizations, the

the appropriate local and State educational agency, or businesses. “SEC. 7115. INTENSIFIED INSTRUCTION.

"In carrying out this subpart, each grant recipient may intensify instruction for limited English proficient students by

"(1) expanding the educational calendar of the school in which such student is enrolled to include programs before and after school and during the summer months;

“(2) applying technology to the course of instruction; and

"(3) providing intensified instruction through supplementary instruction or activities, including educationally enriching extracurricular activities, during times when school is not routinely in session. “SEC. 7116. CAPACITY BUILDING.

“Each recipient of a grant under this subpart shall use the grant in ways that will build such recipient's capacity to continue to offer high-quality English language instruction and programs which assist limited English proficient children in achieving the same high levels of academic achievement as other children, once Federal assistance is reduced or eliminated. “SEC. 7117. SUBGRANTS.

“A local educational agency that receives a grant under this subpart may, with the approval of the Secretary, make a subgrant to, or enter into a contract with, an institution

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