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of higher education, a nonprofit organiza "(d) APPLICATIONS.—A State educational “SEC. 7132. NATIVE AMERICAN AND ALASKA NAtion, or a consortium of such entities to agency desiring to receive funds under this

TIVE CHILDREN IN SCHOOL. carry out an approved program, including a section shall submit an application to the “(a) ELIGIBLE ENTITIES.–For the purpose program to serve out-of-school youth.

Secretary in such form, at such time, and of carrying out programs under this subpart “SEC. 7118. SPECIAL CONSIDERATION. containing such information and assurances

for individuals served by elementary, sec“The Secretary shall give special consider as the Secretary may require.

ondary, and postsecondary schools operated ation to applications under this subpart that “(e) SUPPLEMENT NOT SUPPLANT.–Funds predominately for Native American or Alasdescribe a program that, made available under this section for any fis

ka Native children, the following shall be “(1) enrolls a large percentage or large cal year shall be used by the State edu

considered to be a local educational agency: number of limited English proficient stu cational agency to supplement and, to the “(1) An Indian tribe. dents; extent practical, to increase to the level of

"(2) A tribally sanctioned educational au“(2) takes into account significant in funds that would, in the absence of such

thority. creases in limited English proficient chil funds, be made available by the State for

“(3) A Native Hawaiian or Native Amerdren, including such children in areas with purposes described in this section, and in no

ican Pacific Islander native language edulow concentrations of such children; and case to supplant such funds.

cational organization. “(3) ensures that activities assisted under “(f) REPORT TO THE SECRETARY.-State edu

"(4) An elementary or secondary school this subpart address the needs of school sys

cational agencies receiving awards under that is operated or funded by the Bureau of tems of all sizes and geographic areas, inthis section shall provide for the annual sub

Indian Affairs, or a consortium of such cluding rural and urban schools. mission of a summary report to the Sec

schools. “SEC. 7119. COORDINATION WITH OTHER PROretary describing such State's use of such

“(5) An elementary or secondary school opGRAMS. funds.

erated under a contract with or grant from "In order to secure the most flexible and

the Bureau of Indian Affairs, in consortium efficient use of Federal funds, any State re

“Subpart 2–Formula Grant Program

with another such school or a tribal or comceiving funds under this subpart shall coordi “SEC. 7131. FORMULA GRANTS TO STATES.

munity organization. nate its program with other programs under

“(a) IN GENERAL.-In accordance with sec “(6) An elementary or secondary school opthis Act and other Acts, as appropriate, in

tion 7105, after the amount appropriated to erated by the Bureau of Indian Affairs and accordance with section 14306.

carry out this part for a fiscal year equals or an institution of higher education, in consor“SEC. 7120. NOTIFICATION. exceeds $220,000,000, in the case of each State

tium with an elementary or secondary “The State educational agency, and when

that in accordance with section 7133 submits school operated under a contract with or applicable, the State board for postsecondary

to the Secretary an application for a fiscal grant from the Bureau of Indian Affairs or a education, shall be notified within three

year, after reserving funds under subsection tribal or community organization. working days of the date an award under this

(b), the Secretary shall make a grant for the “(b) SUBMISSION OF APPLICATIONS FOR ASsubpart is made to an eligible entity within

year to the State for the purposes specified SISTANCE.-Notwithstanding any other provithe State.

in subsection (c). The grant shall consist of sion of this subpart, an entity that is consid“SEC. 7121. STATE GRANT PROGRAM.

the allotment determined for the State ered to be a local educational agency under “(a) STATE GRANT PROGRAM.—The Secunder section 7135.

subsection (a), and that desires to submit an retary is authorized to make an award to a

“(b) RESERVATION.–From the amount ap

application for Federal financial assistance State educational agency that demonstrates,

propriated to carry out this part for any fis under this subpart, shall submit the applicato the satisfaction of the Secretary, that

cal year, the Secretary shall reserve not less tion to the Secretary. In all other respects, such agency, through such agency's own pro

than .5 percent to provide Federal financial such an entity shall be eligible for a grant grams and other Federal education pro

assistance under this subpart to entities that under this subpart on the same basis as any grams, effectively provides for the education are considered to be a local educational

other local educational agency. of children of limited English proficiency agency under section 7113(a).

“SEC. 7133. APPLICATIONS BY STATES. within the State. “(b) PAYMENTS.–The amount paid to a "(c) PURPOSES OF GRANTS.

"For purposes of section 7131, an applicaState educational agency under subsection

“(1) REQUIRED EXPENDITURES.—The Sec tion submitted by a State for a grant under (a) shall not exceed 5 percent of the total

retary may make a grant under subsection such section for a fiscal year is in accordance amount awarded to local educational agen

(a) only if the State involved agrees that the with this section if the applicationcies within the State under subpart 1 for the

State will expend at least 95 percent of the “(1) describes the process that the State previous fiscal year, except that in no case

amount of the funds provided under the will use in making subgrants to eligible entishall the amount paid by the Secretary to

grant for the purpose of making subgrants to ties under this subpart; any State educational agency under this sub

eligible entities to provide assistance to lim “(2) contains an agreement that the State section for any fiscal year be less than

ited English proficient children in accord annually will submit to the Secretary a sum$100,000. ance with section 7134.

mary report, describing the State's use of "(c) USE OF FUNDS.

“(2) AUTHORIZED EXPENDITURES.-Subject the funds provided under the grant; “(1) IN GENERAL.-A State educational to paragraph (3), a State that receives a “ -(3) contains

contains an agreement that the agency shall use funds awarded under this grant under subsection (a) may expend not Statesection for programs authorized by this more than 5 percent of the amount of the “(A) will provide 1 year of funding for an section

funds provided under the grant for one or application for a subgrant under section 7134 “(A) to assist local educational agencies in more of the following purposes:

from an eligible entity that describes a prothe State with program design, capacity

"(A) Professional development and activi gram that, on the day preceding the date of building, assessment of student performance, ties that assist personnel in meeting State the enactment of the Student Results Act of and program evaluation; and

and local certification requirements for 1999, was receiving funding under a grant“(B) to collect data on the State's limited English language instruction.

“(i) awarded by the Secretary under subEnglish proficient populations and the edu "(B) Planning, administration, and inter part 1 or 3 of part A of the Bilingual Educational programs and services available to agency coordination related to the subgrants cation Act (as such Act was in effect on such such populations. referred to in paragraph (1).

day); and “(2) EXCEPTION.—States that do not, as of “(C) Providing technical assistance and "(ii) that was not under its terms due to the date of the enactment of the Student Re other forms of assistance to local edu expire before a period of 1 year or more had sults Act of 1999, have in place a system for cational agencies that

elapsed; and collecting the data described in paragraph "(i) educate limited English proficient “(B) after such 1-year extension, will give (1)(B) for all students in such State, are not children, and

special consideration to such applications if required to meet the requirement of such “(ii) are not receiving a subgrant from a the period of their award would not yet othparagraph. In the event such State develops State under this subpart.

erwise have expired if the Student Results a system for collecting data on the edu "(D) Providing bonuses to subgrantees Act of 1999 had not been enacted. cational programs and services available to whose performance has been exceptional in “(4) contains an agreement that, in carall students in the State, then such State terms of the speed with which children en rying out this subpart, the State will address shall comply with the requirement of para rolled in the subgrantee's programs and ac the needs of school systems of all sizes and graph (1)(B).

tivities attain English language proficiency in all geographic areas, including rural and "(3) TRAINING.–The State educational and meet challenging State content stand urban schools; agency may also use funds provided under ards and challenging State student perform “(5) contains an agreement that subgrants this section for the training of State edu ance standards.

to eligible entities under section 7134 shall be cational agency personnel in educational “(3) LIMITATION ON ADMINISTRATIVE of sufficient size and scope to allow such enissues affecting limited English proficient COSTS.—In carrying out paragraph (2), a tities to carry out high quality education children.

State that receives a grant under subsection programs for limited English proficient chil“(4) SPECIAL RULE.-Recipients of funds (a) may expend not more than 2 percent of dren; under this section shall not restrict the pro the amount of the funds provided under the “(6) contains an agreement that the State vision of services under this section to feder grant for the purposes described in para will coordinate its programs and activities ally funded programs. graph (2)(B).

under this subpart with its other programs

and activities under this Act and other Acts, as appropriate;

(7) contains an agreement that the State

(A) shall monitor the progress of students enrolled in programs and activities receiving assistance under this subpart in attaining English proficiency and in attaining challenging State content standards and challenging State performance standards;

“(B) subject to subparagraph (C), after the 1-year period described in such subparagraph, shall withdraw funding from such programs and activities in cases where the majority of students are not attaining English proficiency and attaining challenging State content standards and challenging State performance standards after three academic years of enrollment based on the evaluation measures in section 7403(d); and

“(C) shall provide technical assistance to eligible entities that fail to satisfy the criterion in subparagraph (B) for 1 year prior to the withdrawal of funding under such subparagraph;

“(8) contains an assurance that the State will require eligible entities receiving a subgrant under section 7134 annually to assess the English proficiency of all children with limited English proficiency participating in a program funded under this subpart; and

“(9) contains an agreement that States will require eligible entities receiving a grant under this subpart to 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 attaining challenging State content standards and challenging State performance standards once assistance under this subpart is no longer available. "SEC. 7134. SUBGRANTS TO ELIGIBLE ENTITIES.

“(a) PURPOSES OF SUBGRANTS.-A State may make a subgrant to an eligible entity from funds received by the State under this subpart only if the entity agrees to expend the funds to improve the education of limited English proficient children and their families, through the acquisition of English and the attainment of challenging State academic content standards and challenging State performance standards, using scientifically-based 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.

“(b) AUTHORIZED SUBGRANTEE ACTIVITIES.

"(1) IN GENERAL.-Subject to paragraph (2), a State may make a subgrant to an eligible entity from funds received by the State under this subpart in order that the eligible entity may achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities to im

prove the understanding, and use, of the English language, based on a child's learning skills:

“(A) Upgrading program objectives and effective instructional strategies.

"(B) Improving the instruction program for limited English proficient students by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures.

"(C) Providing

“(i) tutorials and academic or vocational education for limited English proficient children; and

"(ii) intensified instruction.

“(D) Developing and implementing comprehensive preschool or elementary or secondary school English language instructional programs that are coordinated with other relevant programs and services.

“(E) Providing 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.

"(F) Improving the English language proficiency and academic performance of limited English proficient children.

"(G) Improving 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.

“(H) Developing 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.

“(I) Providing 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.

“(J) Other activities that are consistent with the purposes of this subpart.

“(2) MOVING CHILDREN OUT OF SPECIALIZED CLASSROOMS.—Any program or activity undertaken by eligible entity using a subgrant from a State under this subpart shall be designed to assist students enrolled in the program or activity to attain English proficiency and meet challenging State content standards and challenging State performance standards as soon as possible and to move into a classroom where instruction is not tailored for limited English proficient children.

(C) SELECTION OF METHOD OF INSTRUCTION.—To receive a subgrant from a State under this subpart, an eligible entity shall select one or more methods or forms of instruction to be used in the programs and activities undertaken by the entity to assist limited English proficient children to attain English proficiency and meet challenging State content standards and challenging State student performance standards. Such selection shall be consistent with sections 7406 and 7407.

“(d) DURATION OF SUBGRANTS.—The duration of a subgrant made by a State under this section shall be determined by the State in its discretion.

“(e) APPLICATIONS BY ELIGIBLE ENTITIES.

“(1) IN GENERAL.—To receive a subgrant from a State under this subpart, an eligible entity shall submit an application to the State at such time, in such form, and con

taining such information as the State may require.

“(2) REQUIRED DOCUMENTATION.—The application shall describe the programs and activities proposed to be developed, implemented, and administered under the subgrant and shall provide an assurance that the applicant will only employ teachers and other personnel for the proposed programs and activities who are proficient in English, including written and oral communication skills.

“(3) REQUIREMENTS FOR APPROVAL.-A State may approve an application submitted by an eligible entity for a subgrant under this subpart only if the State determines that

“(A) the eligible entity will use qualified personnel who have appropriate training and professional credentials in teaching English to children who are limited English proficient;

“(B) if the eligible entity includes one or more local educational agencies, each such agency is complying with section 7103(b) prior to, and throughout, each school year;

"(C) the eligible entity annually will assess the English proficiency of all children with limited English proficiency participating in programs funded under this subpart;

“(D) the eligible entity has based its proposal on sound research and theory;

“(E) the eligible entity has described in the application how students enrolled in the programs and activities proposed in the application will be fluent in English after three academic years of enrollment;

“(F) the eligible entity will ensure that programs will enable children to speak, read, write, and comprehend the English language and meet challenging State content and challenging State performance standards; and

"(G) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of limited English proficient children, consistent with sections 7406 and 7407.

“(4) QUALITY.—In determining which applications to select for approval, a State shall consider the quality of each application and ensure that it is of sufficient size and scope to meet the purposes of this subpart.

“(f) ELIGIBLE ENTITIES.–For the purpose of this section, the

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 high

education, community-based organization, or local or State educational agency. “SEC. 7135. DETERMINATION OF AMOUNT OF AL

LOTMENT. “(a) IN GENERAL.- Except as provided in subsections (b), (c), and (d), from the sum available for the purpose of making grants to States under this subpart for any fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to such sum as the total number of children who are limited English proficient and who reside in the State bears to the total number of such children residing in all States (excluding the Commonwealth of Puerto Rico and the outlying areas) that, in accordance with section 7133, submit to the Secretary an application for the year.

“(b) PUERTO RICO.-From the sum available for the purpose of making grants to States under this subpart for any fiscal year, the Secretary shall allot to the Commonwealth of Puerto Rico an amount equal to 1.5 percent of the sums appropriated under section 7106(a).

“(C) OUTLYING AREAS.

“(1) TOTAL AVAILABLE FOR ALLOTMENT.From the sum available for the purpose of

making grants to States under this subpart for any fiscal year, the Secretary shall allot to the outlying areas, in accordance with paragraph (2), a total amount equal to .5 percent of the sums appropriated under section 7106(a).

“(2) DETERMINATION OF INDIVIDUAL AREA AMOUNTS.-From the total amount determined under paragraph (1), the Secretary shall allot to each outlying area an amount which bears the same ratio to such amount as the total number of children who are limited English proficient and who reside in the outlying area bears to the total number of such children residing in all outlying areas that, in accordance with section 7133, submit to the Secretary an application for the year.

“(d) MINIMUM ALLOTMENT.

“(1) IN GENERAL.-Notwithstanding subsections (a) through (c), and subject to section 7105, the Secretary shall not allot to any State, for fiscal years 2000 through 2004, an amount that is less than 100 percent of the baseline amount for the State.

“(2) BASELINE AMOUNT DEFINED.-For purposes of this subsection, the term 'baseline amount', when used with respect to a State, means the total amount received under this part for fiscal year 2000 by the State, the State educational agency, and all local educational agencies of the State.

“(3) RATABLE REDUCTION.-If the amount available for allotment under this section for any fiscal year is insufficient to permit the Secretary to comply with paragraph (1), the Secretary shall ratably reduce the allotments to all States for such year.

“(e) USE OF STATE DATA FOR DETERMINATIONS.—For purposes of subsections (a) and (c), any determination of the number of children who are limited English proficient and reside in a State shall be made using the most recent limited

limited English proficient school enrollment data available to, and reported to the Secretary by, the State. The State shall provide assurances to the Secretary that such data are valid and reliable.

“(f) NO REDUCTION PERMITTED BASED ON TEACHING METHOD.-The Secretary may not reduce a State's allotment based on the State's selection of the immersion method of instruction as its preferred method of teaching the English language to children who are limited English proficient. "SEC. 7136. DISTRIBUTION OF GRANTS TO ELIGI

BLE ENTITIES. “Of the amount required to be expended by a State for subgrants to eligible entities

“(1) at least one-half shall be allocated to eligible entities that enroll a large percentage or a large number of children who are limited English proficient, as determined based on the relative enrollments of such children enrolled in the eligible entities; and

“(2) the remainder shall be allocated on a competitive basis to

“(A) eligible entities within the State to address a need brought about through a significant increase, as compared to the previous 2 years, in the percentage or number of children who are limited English proficient in a school or local educational agency, including schools and agencies in areas with low concentrations of such children; and

"(B) other eligible entities serving limited English proficient children. “SEC. 7137. SPECIAL RULE ON PRIVATE SCHOOL

PARTICIPATION. "For purposes of this Act, this subpart shall be treated as a covered program, as defined in section 14101(10).

"Subpart 3–Professional Development “SEC. 7141. PURPOSE.

“The purpose of this subpart is to assist in preparing educators to improve educational services for limited English proficient children by supporting professional development programs primarily aimed at improving and

developing the skills of instructional staff in elementary and secondary schools and on assisting limited English proficient children to attain English proficiency and meet challenging State academic content standards and challenging State performance standards. “SEC. 7142. PROFESSIONAL DEVELOPMENT AND

FELLOWSHIPS. “(a) PROGRAM AUTHORIZED.

“(1) IN GENERAL.-The Secretary is authorized to award grants, as appropriate, to local educational agencies, institutions of higher education, State educational agencies, public and private organizations in consortium with a local educational agency, or a consortium of such agencies or institutions, except that any such consortium shall include a local educational agency.

"(2) GRANT PURPOSE.-Grants awarded under this section shall be used for one or more of the following purposes:

“(A) To develop and provide ongoing inservice professional development, including professional development necessary to receive certification as a teacher of limited English proficient children, for teachers of limited English proficient children, school administrators and, if appropriate, pupil services personnel, and other educational personnel who are involved in, or preparing to be involved in, the provision of educational services to limited English proficient children.

"(B) To provide for the incorporation of courses and curricula on appropriate and effective instructional and assessment methodologies, strategies, and resources specific to limited English proficient students into in-service professional development programs for teachers, administrators and, if appropriate, pupil services personnel, and other educational personnel in order to prepare such individuals to provide effective services to limited English proficient students.

“(C) To upgrade the qualifications and skills of teachers to ensure that they are fully qualified (as defined by section 1610) and meet high professional standards, including certification and licensure as a teacher of limited English proficient students.

(D) To upgrade the qualifications and skills of paraprofessionals to ensure they meet the requirements under section 1119 and meet high professional standards to assist, as appropriate, teachers who instruct limited English proficient students.

“(E) To train secondary school students as teachers of limited English proficient children and to train, as appropriate, other education personnel to serve limited English proficient students.

"(F) To award fellowships for

“(i) study in such areas as teacher training, program administration, research and evaluation, and curriculum development, at the master's, doctoral, or post-doctoral degree level, related to instruction of children and youth of limited English proficiency; and

"(ii) the support of dissertation research related to such study.

"(G) To recruit elementary and secondary school teachers of limited English proficient children.

“(b) DURATION AND LIMITATION.

“(1) GRANT PERIOD.-Each grant under this section shall be awarded for a period of not more than 5 years.

“(2) LIMITATION.—Not more than 15 percent of the amount of the grant may be expended for the purposes described in subparagraphs (F) and (G) of subsection (a)(2).

"(c) PROFESSIONAL DEVELOPMENT REQUIREMENTS.

“(1) ACTIVITIES.-A recipient of a grant under this section may use the grant funds

for the following professional development activities:

"(A) Designing and implementing of induction programs for new teachers, including mentoring and coaching by trained teachers, team teaching with experienced teachers, compensation for, and availability of, time for observation of, and consultation with, experienced teachers, and compensation for, and availability of, additional time for course preparation.

"(B) Implementing collaborative efforts among teachers to improve instruction in reading and other core academic areas for students with limited English proficiency, including programs that facilitate teacher observation and analysis of fellow teachers' classroom practice.

"(C) Supporting long-term collaboration among teachers and outside experts to improve instruction of limited English proficient students.

“(D) Coordinating project activities with other programs, such as those under the Head Start Act, and titles I and II of this Act, and titles II and V of the Higher Education Act of 1965.

“(E) Developing curricular materials and assessments for teachers that are aligned with State and local standards and the needs of the limited English proficient students to be served.

"(F) Instructing teachers and, where appropriate, other personnel working with limited English children on how

“(i) to utilize test results to improve instruction for limited English proficient children so the children can meet the same challenging State content standards and challenging State performance standards as other students; and

"(ii) to help parents understand the results of such assessments.

“(G) Contracting with institutions of higher education to allow them to provide inservice training to teachers, and, where appropriate, other personnel working with limited English proficient children to improve the quality of professional development programs for limited English proficient students.

“(H) Such other activities as are consistent with the purpose of this section.

“(2) ADDITIONAL REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT FUNDS.-Uses of funds received under this section for professional development,

"(A) shall advance teacher understanding of effective instructional strategies based on scientifically based research for improving student achievement;

"(B) shall be of sufficient intensity and duration (not to include 1-day or short-term workshops and conferences) to have a positive and lasting impact on teachers' performance in the classroom;

"(C) shall be developed with extensive participation of teachers, principals, parents, and administrators of schools to be served under subparts 1 and 2 of part A; and

“(D) as a whole, shall be regularly evaluated for their impact on increased teacher effectiveness and improved student achievement, with the findings of such evaluations used to improve the quality of professional development.

“(d) FELLOWSHIP REQUIREMENTS.

“(1) IN GENERAL.-Any person receiving a fellowship under subsection (a)(2)(F) shall agree

“(A) to work as a teacher of limited English proficient children, or in a program or an activity funded under this part, for a period of time equivalent to the period of time during which the person receives such fellowship; or

“(B) to repay the amount received pursuant to the fellowship award.

“(2) REGULATIONS.- The Secretary shall establish in regulations such terms and conditions for agreements under paragraph (1) as the Secretary deems reasonable and necessary and may waive the requirement of such paragraph in extraordinary circumstances.

“(3) PRIORITY.-In awarding fellowships under this section, the Secretary shall give priority to fellowship applicants applying for study or dissertation research at institutions of higher education that have demonstrated a high level of success in placing fellowship recipients into employment in elementary and secondary schools.

“(4) INFORMATION.—The Secretary shall include information on the operation and the number of fellowships awarded under this section in the evaluation required under section 7145. “SEC. 7143. APPLICATION.

“(a) IN GENERAL.

“(1) SUBMISSION TO SECRETARY.-In order to receive a grant under section 7142, an agency, institution, organization, or consortium described in subsection (a)(1) of such section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

"(2) CONTENTS. Each such application shall include

“(A) a description of the proposed professional development or graduate fellowship programs to be implemented with the grant;

"(B) a description of the scientific research on which the program or programs are based; and

(C) an assurance that funds will be used to supplement and not supplant other professional development activities that affect the teaching and learning in elementary and secondary schools, as appropriate.

“(b) APPROVAL.—The Secretary shall only approve an application under this section if it meets the requirements of this section and is of sufficient quality to meet the purposes of this subpart.

"(c) SPECIAL RULES.

“(1) OUTREACH AND TECHNICAL ASSISTANCE.-The Secretary shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under titles III and V of the Higher Education Act of 1965 and institutions of higher education that are operated or funded by the Bureau of Indian Affairs to facilitate the participation of such institutions under this subpart. “(2)

DISTRIBUTION.-In making awards under this subpart, the Secretary shall ensure adequate representation of Hispanicserving institutions (as defined in section 502 of the Higher Education Act of 1965) that demonstrate competence and experience in the programs and activities authorized under this subpart and are otherwise qualified. "SEC. 7144. PROGRAM EVALUATIONS.

“Each recipient of funds under this subpart shall provide the Secretary with an evaluation of the program assisted under this subpart every 2 years. Such evaluation shall include data on

“(1) post-program placement of persons trained in a program assisted under this subpart;

"(2) how such training relates to the employment of persons served by the program;

"(3) program completion; and

“(4) such other information as the Secretary may require. “SEC. 7145. SE OF FUNDS FOR SECOND LAN

GUAGE COMPETENCE. "Not more than 10 percent of the funds received under this subpart may be used to develop any program participant's competence in a second language for use in instructional programs.

“Subpart 4–Research, Evaluation, and

Dissemination "SEC. 7151. AUTHORITY.

"The Secretary shall conduct and coordinate, through the Office of Educational Research and Improvement and in coordination with the Office of Educational Services for Limited English Proficient Children, research for the purpose of improving English language and academic content instruction for children who are limited English proficient. Activities under this section shall be limited to research to identify successful models for teaching limited English proficient children English, research to identify successful models for assisting such children to meet challenging State content and student performance standards, and distribution of research results to States for dissemination to schools with populations of students who are limited English proficient. Research conducted under this section may not focus solely on any one method of instruction. “PART B-EMERGENCY IMMIGRANT

EDUCATION PROGRAM “SEC. 7201. FINDINGS AND PURPOSE.

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

“(1) the education of our Nation's children and youth is one of the most sacred government responsibilities;

“(2) local educational agencies have struggled to fund adequately education services; and

"(3) immigration policy is solely a responsibility of the Federal Government.

“(b) PURPOSE.—The purpose of this part is to assist eligible local educational agencies that experience unexpectedly large increases in their student population due to immigration to

“(1) provide high-quality instruction to immigrant children and youth; and

"(2) help such children and youth

“(A) with their transition into American society; and

“(B) meet the same challenging State performance standards expected of all children and youth. “SEC. 7202. STATE ADMINISTRATIVE COSTS.

“For any fiscal year, a State educational agency may reserve not more than 1.5 percent of the amount allocated to such agency under section 7204 to pay the costs of performing such agency's administrative functions under this part. "SEC. 7203. WITHHOLDING.

"Whenever the Secretary, after providing reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirement of any provision of this part, the Secretary shall notify that agency that further payments will not be made to the agency under this part, or in the discretion of the Secretary, that the State educational agency shall not make further payments under this part to specified local educational agencies whose actions cause or are involved in such failure until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no further payments shall be made to the State educational agency under this part, or payments by the State educational agency under this part shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be. "SEC. 7204. STATE ALLOCATIONS.

"(a) PAYMENTS.-The Secretary shall, in accordance with the provisions of this section, make payments to State educational agencies for each of the fiscal years 2000 through 2004 for the purpose set forth in section 7201(b).

“(b) ALLOCATIONS.

“(1) IN GENERAL.—Except as provided in subsections (c) and (d), of the amount appro

priated for each fiscal year for this part, each State participating in the program assisted under this part shall receive an allocation equal to the proportion of such State's number of immigrant children and youth who are enrolled in public elementary or secondary schools under the jurisdiction of each local educational agency described in paragraph (2) within such State, and in nonpublic elementary or secondary schools within the district served by each such local educational agency, relative to the total number of immigrant children and youth so enrolled in all the States participating in the program assisted under this part.

“(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of immigrant children and youth who are enrolled in public elementary or secondary schools under the jurisdiction of such agencies, and in nonpublic elementary or secondary schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this part, is equal to

“(A) at least 500; or

“(B) at least 3 percent of the total number of students enrolled in such public or nonpublic schools during such fiscal year, whichever number is less.

“(C) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.

“(1) IN GENERAL.-Determinations by the Secretary under this section for any period with respect to the number of immigrant children and youth shall be made on the basis of data or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the Secretary, unless the Secretary determines, after notice and opportunity for a hearing to the affected State educational agency, that such data or estimates are clearly erroneous.

“(2) SPECIAL RULE.—No such determination with respect to the number of immigrant children and youth shall operate because of an underestimate or overestimate to deprive any State educational agency of the allocation under this section that such State would otherwise have received had such determination been made on the basis of accurate data.

“(d) REALLOCATION.—Whenever the Secretary determines that any amount of a payment made to a State under this part for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from any appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this part, be regarded as part of such State's payment (as determined under subsection (b)) for such year, but shall remain available until the end of the succeeding fiscal year.

“(e) RESERVATION OF FUNDS.

“(1) IN GENERAL.-Notwithstanding any other provision of this part, if the amount appropriated to carry out this part exceeds $50,000,000 for a fiscal year, a State educational agency may reserve not more than 20 percent of such agency's payment under this part for such year to award grants, on a competitive basis, to local educational agencies within the State as follows:

“(A) At least one-half of such grants shall be made available to eligible local educational agencies (as described in subsection (b)(2)) within the State with the highest

numbers and percentages of immigrant chil tract by such public agency with a person, "(6) such other activities, related to the dren and youth.

association, agency, or corporation who or purposes of this part, as the Secretary may "(B) Funds reserved under this paragraph which, in the provision of such services, is authorize. and not made available under subparagraph independent of such nonpublic elementary or “(b) CONSORTIA.— A local educational agen(A) may be distributed to local educational secondary school and of any religious organi cy that receives a grant under this part may agencies within the State experiencing a zation, and such employment or contract collaborate or form a consortium with one or sudden influx of immigrant children and shall be under the control and supervision of more local educational agencies, institutions youth which are otherwise not eligible for such public agency, and the funds provided of higher education, and nonprofit organizaassistance under this part.

under this paragraph shall not be commin tions to carry out the program described in “(2) USE OF GRANT FUNDS.-Each local edu gled with State or local funds;

an application approved under this part. cational agency receiving a grant under “(8) provide that funds reserved under sec "(c) SUBGRANTS.-A local educational paragraph (1) shall use such grant funds to tion 7204(e) be awarded on a competitive agency that receives a grant under this part carry out the activities described in section basis based on merit and need in accordance

may, with the approval of the Secretary, 7207. with such subsection; and

make a subgrant to, or enter into a contract "(3) INFORMATION.- Local educational “(9) provide an assurance that State and with, an institution of higher education, a agencies with the highest number of immi local educational agencies receiving funds

nonprofit organization, or a consortium of grant children and youth receiving funds under this part will comply with the require such entities to carry out a program deunder paragraph (1) may make information ments of section 1120(b).

scribed in an application approved under this available on serving immigrant children and “(b) APPLICATION REVIEW.

part, including a program to serve out-ofyouth to local educational agencies in the “(1) IN GENERAL.-The Secretary shall re school youth. State with sparse numbers of such children. view all applications submitted pursuant to

"(d) CONSTRUCTION.-Nothing in this part "SEC. 7205. STATE APPLICATIONS. this section by State educational agencies.

shall be construed to prohibit a local edu“(a) SUBMISSION.—No State educational “(2) APPROVAL.—The Secretary shall ap

cational agency from serving immigrant agency shall receive any payment under this prove any application submitted by a State children simultaneously with students with part for any fiscal year unless such agency educational agency that meets the require

similar educational needs, in the same eduments of this section. submits an application to the Secretary at

cational settings where appropriate. such time, in such manner, and containing “(3) DISAPPROVAL.—The Secretary shall “SEC. 7208. REPORTS. or accompanied by such information, as the disapprove any application submitted by a “(a) BIENNIAL REPORT.-Each State eduSecretary may reasonably require. Each State educational agency which does not

cational agency receiving funds under this such application shall

meet the requirements of this section, but part shall submit, once every 2 years, a re*(1) provide that the educational pro shall not finally disapprove an application port to the Secretary concerning the expendgrams, services, and activities for which pay except after providing reasonable notice, iture of funds by local educational agencies ments under this part are made will be adtechnical assistance, and an opportunity for

under this part. Each local educational agenministered by or under the supervision of the a hearing to the State.

cy receiving funds under this part shall subagency; "SEC. 7206. ADMINISTRATIVE PROVISIONS.

mit to the State educational agency such in“(2) provide assurances that payments “(a) NOTIFICATION OF AMOUNT.—The Sec

formation as may be necessary for such reunder this part will be used for purposes set retary, not later than June 1 of each year,

port. forth in sections 7201(b) and 7207, including a shall notify each State educational agency

“(b) REPORT TO CONGRESS.—The Secretary

shall submit, once every 2 years, a report to description of how local educational agencies that has an application approved under secreceiving funds under this part will use such tion 7205 of the amount of such agency's allo

the appropriate committees of the Congress funds to meet such purposes and will coordi cation under section 7204 for the succeeding

concerning programs assisted under this part

in accordance with section 14701. nate with other programs assisted under this year. Act and other Acts as appropriate;

“(b) SERVICES TO CHILDREN ENROLLED IN

“SEC. 7209. AUTHORIZATION OF APPROPRIA

TIONS. “(3) provide an assurance that local edu NONPUBLIC SCHOOLS.-If by reason of any cational agencies receiving funds under this provision of law a local educational agency

"For the purpose of carrying out this part, part will coordinate the use of such funds is prohibited from providing educational

there are authorized to be appropriated with programs assisted under part A or title

$175,000,000 for fiscal year 2000 and such sums services for children enrolled in elementary

as may be necessary for each of the 4 sucand secondary nonpublic schools, as required I;

ceeding fiscal years. “(4) provide assurances that such pay by section 7205(a)(7), or if the Secretary dements, with the exception of payments re termines that a local educational agency has

"PART C-ADMINISTRATION served under section 7204(e), will be distrib substantially failed or is unwilling to pro “SEC. 7301. REPORTING REQUIREMENTS. uted among local educational agencies with vide for the participation on an equitable “(a) STATES.–Based upon the evaluations in that State on the basis of the number of basis of children enrolled in such schools, the provided to a State under section 7403, each immigrant children and youth counted with Secretary may waive such requirement and State receiving a grant under this title anrespect to each such local educational agen shall arrange for the provision of services, nually shall report to the Secretary on procy under section 7204(b)(1);

subject to the requirements of this part, to grams and activities undertaken by the “(5) provide assurances that the State edu such children. Such waivers shall be subject State under this title and the effectiveness cational agency will not finally disapprove to consultation, withholding, notice, and ju of such programs and activities in improving in whole or in part any application for funds dicial review requirements in accordance the education provided to children who are received under this part without first afford with the provisions of title I.

limited English proficient. ing the local educational agency submitting "SEC. 7207. USES OF FUNDS.

“(b) SECRETARY.—Every other year, the an application for such funds reasonable no “(a) USE OF FUNDS.-Funds awarded under

Secretary shall prepare and submit to the tice and opportunity for a hearing; this part shall be used to pay for enhanced

Committee on Education and the Workforce “(6) provide for making such reports as the instructional opportunities for immigrant

of the House of Representatives and the Secretary may reasonably require to perform children and youth, which may include

Committee on Labor and Human Resources the Secretary's functions under this part;

“(1) family literacy, parent outreach, and

of the Senate a report on programs and ac(7) provide assurancestraining activities designed to assist parents

tivities undertaken by States under this “(A) that to the extent consistent with the to become active participants in the edu

title and the effectiveness of such programs number of immigrant children and youth en cation of their children;

and activities in improving the education rolled in the nonpublic elementary or sec "(2) salaries of personnel, including teach

provided to children who are limited English ondary schools within the district served by er aides who have been specifically trained,

proficient. a local educational agency, such agency, or are being trained, to provide services to

“SEC. 7302. COORDINATION WITH RELATED PRO

GRAMS. after consultation with appropriate officials immigrant children and youth; of such schools, shall provide for the benefit (3) tutorials, mentoring, and academic or

“In order to maximize Federal efforts of such children and youth secular, neutral, career counseling for immigrant children

aimed at serving the educational needs of and nonideological services, materials, and and youth;

children and youth of limited English proequipment necessary for the education of “(4) identification and acquisition of cur

ficiency, the Secretary shall coordinate and such children and youth; ricular materials, educational software, and

ensure close cooperation with other pro“(B) that the control of funds provided technologies to be used in the program;

grams serving language-minority and limunder this part to any materials, equipment, “(5) basic instructional services which are

ited English proficient students that are adand property repaired, remodeled, or con directly attributable to the presence in the

ministered by the Department and other structed with those funds shall be in a public school district of immigrant children, in

agencies. agency for the uses and purposes provided in cluding the costs of providing additional

"PART D–GENERAL PROVISIONS this part, and a public agency shall admin classroom supplies, overhead costs, costs of “SEC. 7401. DEFINITIONS. ister such funds and property; and

construction, acquisition or rental of space, “For purposes of this title: “(C) that the provision of services pursu costs of transportation, or such other costs “(1) CHILDREN AND YOUTH.—The term 'chilant to this paragraph shall be provided by are directly attributable such addi dren and youth' means individuals aged 3 employees of a public agency or through con tional basic instructional services; and

through 21.

as

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