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). "(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS. "(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 or immunization records in accordance with subparagraph (E). "(D) RECORDS.-Any record ordinarily kept by the school, 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. "(6) LIAISON.— "(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, 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. "(7) REVIEW AND REVISIONS. "(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, and guardianship. "(C) SPECIAL ATTENTION.-Special attention shall be given to ensuring the enrollment and attendance of homeless children and youth who are not currently attending school. "SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. “(a) GENERAL AUTHORITY.— "(1) IN GENERAL.-The State educational agency shall, in accordance with section 722(e) and from amounts made available to such agency under section 726, make grants to local educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children and youth. "(2) SERVICES. "(A) IN GENERAL.-Services under paragraph (1) "(i) may be provided through programs on school grounds or at other facilities; "(ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youth with nonhomeless children and youth; and "(iii) shall be designed to expand or improve services provided as part of a school's regular academic program, but not replace that program. "(B) SERVICES ON SCHOOL GROUNDS.-If services under paragraph (1) are provided on school grounds, schools "(i) may use funds under this subtitle to provide the same services to other children and youth who are determined by the local educational agency to be at risk of failing in, or dropping out of, schools, subject to the requirements of clause (ii). "(ii) except as otherwise provided in section 722(e)(3)(B), shall not provide services in settings within a school that segregates homeless children and youth from other children and youth except as is necessary for short periods of time "(I) for health and safety emergencies; or "(II) to provide temporary, special, supplementary services to meet the unique needs of homeless children and youth. provided (3) REQUIREMENT.-Services under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program. "(b) APPLICATION.-A local educational agency that desires to receive a grant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require. Each such application shall include "(1) an assessment of the educational and related needs of homeless children and youth in such agency (which may be undertaken as a part of needs assessments for other disadvantaged groups); "(2) a description of the services and programs for which assistance is sought and the problems to be addressed through the provision of such services and programs; "(3) an assurance that the local educational agency's combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made: “(4) an assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g); and "(5) a description of policies and procedures, consistent with section 722(e)(3)(B), that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth. "(c) AWARDS.— "(1) IN GENERAL.-The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 726, make competitive subgrants that result in an equitable distribution of geographic areas within the State to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. "(2) NEED.-In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary, and secondary schools within the area served by the agency, and shall consider the needs of such children and youth and the ability of the agency to meet such needs. Such agency may also consider "(A) the extent to which the proposed use of funds would facilitate the enrollment, retention, and educational success of homeless children and youth; "(B) the extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth, and meets the requirements of section 722(g)(3); "(C) the extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youth; and "(D) such other criteria as the State agency determines appropriate. "(3) QUALITY.-In determining the quality of applications under paragraph (1), the State educational agency shall consider "(A) the applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs; "(B) the types, intensity, and coordination of the services to be provided under the program; "(C) the involvement of parents or guardians; "(D) the extent to which homeless children and youth will be integrated within the regular education program; "(E) the quality of the applicant's evaluation plan for the program; "(F) the extent to which services provided under this subtitle will be coordinated with other available services; and "(G) such other measures as the State educational agency considers indicative of a high-quality program. "(4) DURATION OF GRANTS.-Grants awarded under this section shall be for terms not to exceed 3 years. "(d) AUTHORIZED ACTIVITIES.-A local educational agency may use funds awarded under this section for activities to carry out the purpose of this subtitle, including "(1) the provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State content standards and challenging State student performance standards the State establishes for other children and youth; "(2) the provision of expedited evaluations of the strengths and needs of homeless children and youth, including needs and eligibility for programs and services (such as educational programs for gifted and talented students, children with disabilities, and students with limited-English proficiency, serv ices provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs in vocational and technical education, and school nutrition programs); "(3) professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the needs of homeless children and youth, the rights of such children and youth under this Act, and the specific educational needs of runaway and homeless youth; "(4) the provision of referral services to homeless children and youth for medical, dental, mental, and other health services; "(5) the provision of assistance to defray the excess cost of transportation for students pursuant to section 722(g)(4)(A), not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 722(g)(3); "(6) the provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding, for preschoolaged children; "(7) the provision of before- and afterschool, mentoring, and summer programs for homeless children and youth in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities; "(8) if necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youth in school, including birth certificates, immunization records, academic records, guardianship records, and evaluations for special programs or services; "(9) the provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth; (10) the development of coordination between schools and agencies providing services to homeless children and youth, including programs funded under the Runaway and Homeless Youth Act; "(11) the provision of pupil services (including violence prevention counseling) and referrals for such services; "(12) activities to address the particular needs of homeless children and youth that may arise from domestic violence; "(13) the adaptation of space and purchase of supplies for nonschool facilities made available under subsection (a)(2) to provide services under this subsection; "(14) the provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations; and "(15) the provision of other extraordinary or emergency assistance needed to enable homeless children and youth to attend school. "SEC. 724. SECRETARIAL RESPONSIBILITIES. "(a) REVIEW OF PLANS.-In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plans adequately address the problems of homeless children and youth relating to access to education and placement as described in such plans. "(b) TECHNICAL ASSISTANCE.-The Secretary shall provide support and technical assistance to the State educational agencies to assist such agencies to carry out their responsibilities under this subtitle, if requested by the State educational agency. "(c) REPORT.-The Secretary shall develop and issue not later than 60 days after the date of the enactment of the Stewart B. 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). "(g) INFORMATION.— "(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 68-036 Book2 D-01--14 "(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 SEC. 801. SCHOOLWIDE FUNDS. "TITLE XVI-SCHOOLWIDE PROGRAM "SEC. 16001. SCHOOLWIDE PROGRAM ADJUST 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 IX-EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND EMERGENCY IMMIGRANT EDUCATION SEC. 901. PROGRAMS AUTHORIZED. 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 ENGLISH PROFICIENT CHILDREN AND EMERGENCY IMMIGRANT EDUCATION "PART A-ENGLISH LANGUAGE EDUCATION "SEC. 7101. SHORT TITLE. "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 2075 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 CONSENT FOR ENGLISH LANGUAGE INSTRUCTION. "(a) NOTIFICATION.-If a local educational agency uses funds under this part to provide English language instruction 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. "(b) CONSENT.— "(1) AGENCY REQUIREMENTS.— "(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— "(i) the program does not include classes which exclusively or almost exclusively use the English language in instruction; or "(ii) instruction is tailored for limited English proficient children. "(B) WRITTEN CONSENT NOT OBTAINED.—If written consent is not obtained, the local educational agency shall maintain a written record that includes the date and the manner in which such informed consent was obtained. "(C) RESPONSE NOT OBTAINED.— "(i) IN GENERAL.-If a response cannot be obtained after a reasonable and substantial effort has been made to obtain such consent, the local educational agency shall document that it has given such notice and its specific efforts made to obtain such consent. "(ii) DELIVERY OF PROOF OF DOCUMENTATION. The proof of documentation shall be mailed or delivered in writing to the parents or guardian of the child prior to placing the child in a program described in subparagraph (A), and shall include a final notice requesting parental consent for such services. After such documentation has been mailed or delivered in writing, the local educational agency shall provide appropriate educational services. "(iii) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.-A local educational agency may obtain parental consent under this clause only for children who have not been identified as limited English proficient prior to the beginning of a school year. For such children the agency shall document, in writing, its specific efforts made to obtain such consent prior to placing the child in a program described in subparagraph (A). After such documentation has been made, the local educational agency shall provide appropriate educational services to such child. The proof of documentation shall be mailed or delivered in writing to the parents or guardian of the child in a timely manner and shall include information on how to have their child immediately removed from the program upon their request. This clause shall not be construed as exempting a local educational agency from complying with the requirements of this paragraph. "(2) PARENTAL RIGHTS.-A parent or the parents of a child participating in an English language instruction program for limited English proficient children assisted under subpart 1 or 2 shall "(A) select among methods of instruction, if more than one method is offered in the program; and "(B) have the right to have their child immediately removed from the program upon their request. "(c) RECEIPT OF INFORMATION.-A parent or the parents of a child identified for participation in an English language instruction program for limited English proficient children assisted under this part shall receive, in a manner and form understandable to the parent or parents, the information required by this subsection. At a minimum, the parent or parents shall receive "(1) timely information about English language instruction programs for limited English proficient children assisted under this part; "(2) if a parent of a participating child so desires, notice of opportunities for regular meetings for the purpose of formulating and responding to recommendations from such parents; and "(3) procedural information for removing a child from a program for limited English proficient children. "(d) BASIS FOR ADMISSION OR EXCLUSION.Students shall not be admitted to or excluded from any federally assisted education program on the basis of a surname or language-minority status. "SEC. 7104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN. "(a) IN GENERAL.-Assessments of limited English proficient children participating in programs funded under this part, to the extent practicable, shall be in the language and form most likely to yield accurate and reliable information on what such students know and can do in content areas. "(b) SPECIAL RULE.-Notwithstanding subsection (a), in the case of an assessment of reading or language arts of any student who has attended school in the United States (excluding Puerto Rico) for three or more consecutive school years, the assessment shall be in the form of a test written in English, except that, if the local educational agency determines, on a case-by-case individual basis, that assessments in another language and form would likely yield more accurate and reliable information on what such students know and can do, the local educational agency may assess such students in the appropriate language other than English for one additional year. "SEC. 7105. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2. "(a) SUBPART 1.-Subpart 1 shall be in effect only for a fiscal year for which subpart 2 is not in effect. "(b) SUBPART 2.— "(1) IN GENERAL.-Subpart 2 shall be in effect only for "(A) the first fiscal year for which the amount appropriated to carry out this part equals or exceeds $220,000,000; and "(B) all succeeding fiscal years. "(2) CONTINUATION OF AWARDS.-Notwithstanding any other provision of this part, a State receiving a grant under subpart 2 shall provide one additional year of funding to eligible entities in accordance with section 7133(3). "SEC. 7106. AUTHORIZATIONS OF APPROPRIA TIONS. "(a) SUBPART 1 OR 2.-Subject to section 7105, for the purpose of carrying out subpart 1 or 2, as applicable, there are authorized to be appropriated $220,000,000 for fiscal year 2000 and such sums as may be necessary for the four succeeding fiscal years. "(b) SUBPART 3.-For the purpose of carrying out subpart 3, there are authorized to be appropriated $60,000,000 for fiscal year 2000 and such sums as may be necessary for the four succeeding fiscal years. "(c) SUBPART 4.-For the purpose of carrying out subpart 4, there are authorized to be appropriated $16,000,000 for fiscal year 2000 and such sums as may be necessary for the four succeeding fiscal years. "Subpart 1-Discretionary Grant Program "SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR LIMITED ENGLISH PROFICIENT CHILDREN. "The purpose of this subpart is to assist local educational agencies, institutions of higher education, and community-based organizations, through the grants authorized under section 7112, to— "(1) develop and enhance their capacity to provide high-quality instruction through English language instruction and programs which assist limited English proficient children in achieving the same high levels of academic achievement as other children; and "(2) help such children "(A) develop proficiency in English; and "(B) meet the same challenging State content standards and challenging State student performance standards expected for all children as required by section 1111(b). "SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL SERVICES. "(a) PROGRAM AUTHORIZED.— "(1) IN GENERAL. In accordance with section 7105, before the amount appropriated to carry out this part for a fiscal year equals or exceeds $220,000,000, the Secretary is authorized to award grants to eligible entities having applications approved under section 7114 to enable such entities to carry out activities described in subsection (b). "(2) LENGTH OF GRANT.-Each grant under this section shall be awarded for a period of time to be determined by the Secretary based on the type of grant for which the eligible entity applies. (b) AUTHORIZED ACTIVITIES.-Grants awarded under this section shall be used to improve the education of limited English proficient children and their their families, through the acquisition of English and the attainment of challenging State academic content standards and challenging State performance standards using scientificallybased research approaches and methodologies, by "(1) developing and implementing new English language and academic content instructional programs for children who are limited English proficient, including programs of early childhood education and kindergarten through 12th grade education; "(2) carrying out highly focused, innovative, locally designed projects to expand or enhance existing English language and academic content instruction programs for limited English proficient children; "(3) implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs and operations relating to English language and academic content instruction for limited English proficient students; or "(4) implementing, within the entire jurisdiction of a local educational agency, agency-wide programs for restructuring, reforming, and upgrading all relevant programs and operations relating to English language and academic content instruction for limited English proficient students. "(c) USES OF FUNDS.-Grants under this section may be used— "(1) to upgrade program objectives and effective instructional strategies; "(2) to improve the instruction program for limited English proficient students by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures; "(3) to provide "(A) tutorials and academic or vocational education for limited English proficient children; and "(B) intensified instruction: "(4) to develop and implement comprehensive preschool or elementary or secondary school English language instructional programs that are coordinated with other relevant programs and services; "(5) to provide professional development to classroom teachers, administrators, and other school or community-based organizational personnel to improve the instruction and assessment of children who are limited English proficient children; "(6) to improve the English language proficiency and academic performance of limited English proficient children; "(7) to improve the instruction of limited English proficient children by providing for the acquisition or development of education technology or instructional materials, access to and participation in electronic networks for materials, training and communications, and incorporation of such resources in curricula and programs, such as those funded under this subpart; "(8) to develop tutoring programs for limited English proficient children that provide early intervention and intensive instruction in order to improve academic achievement, to increase graduation rates among limited English proficient children, and to prepare 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 NATIVE 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. "(a) IN GENERAL. "(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. "(c) CONTENTS. "(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 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 instruction "(3) providing intensified 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 |