### §3423d. Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

#### (a) Establishment

There shall be, in the Department, an Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students through which the Secretary shall carry out functions relating to bilingual education.

#### (b) Director

#### (1) In general

The Office shall be headed by a Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, appointed by the Secretary, to whom the Secretary shall delegate all delegable functions relating to bilingual education. The Director shall also be assigned responsibility for recommending improvements and providing technical assistance to other Federal programs serving language-minority and limited-English-proficient students and their families and for assisting the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities which reflect the needs of language-minority and limited-English language proficient students.

#### (2) Organization

The Office shall be organized as the Director determines to be appropriate in order to carry out such functions and responsibilities effectively.

#### (3) Inclusion

The Secretary shall ensure that limited-English-proficient and language-minority students are included in ways that are valid, reliable, and fair under all standards and assessment development conducted or funded by the Department.

(Pub. L. 96–88, title II, §216, as added Pub. L. 103–382, title III, §372(2), Oct. 20, 1994, 108 Stat. 3978; amended Pub. L. 107–110, title X, §1072(b), (c)(2)(B), (d), Jan. 8, 2002, 115 Stat. 2089.)

#### **Editorial Notes**

#### Codification

Another section 216 of Pub. L. 96–88 was renumbered section 218 and is classified to section 3425 of this title.

#### Amendments

2002—Pub. L. 107–110, §1072(c)(2)(B), substituted "Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students" for "Office of Bilingual Education and Minority Languages Affairs" in section catchline.

Subsec. (a). Pub. L. 107–110, §1072(b), substituted "Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students" for "Office of Bilingual Education and Minority Languages Affairs".

Subsec. (b)(1). Pub. L. 107–110, §1072(d), substituted "Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students" for 'Director of Bilingual Education and Minority Languages Affairs".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

#### Office of Educational Research and Improvement

The Office of Educational Research and Improvement was established by section 3419 of this title. Section 3419 was repealed and a new section 3419 establishing the Institute of Educational Sciences was enacted by Pub. L. 107–279, title IV, §402(2), Nov. 5, 2002, 116 Stat. 1985.