I

103D CONGRESS

1ST SESSION H. R. 3228

To amend the Elementary and Secondary Education Act of 1965 to provide

services to immigrant children.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 1993

Mr. JOHNSTON of Florida (for himself, Mr. BACCHUS of Florida, Mr. GIBBONS, Mr. PETERSON of Florida, Ms. ROS-LEHTINEN, Mr. DIAZBALART, Mr. CHAPMAN, Mr. MANTON, Mrs. MEEK, Mr. ACKERMAN, Mr.

OWENS, Mr. STARK, Ms. VELA ́ZQUEZ, Mr. MENENDEZ, Mr. HASTINGS,

Mr. HINCHEY, Mr. DELLUMS, Mr. GOSS, Ms. PELOSI, Mr. FILNER, Mr.

MILLER of California, Mr. LEWIS of Florida, Mr. PAYNE of New Jersey,

Ms. BROWN of Florida, Mr. MARTINEZ, and Mr. MILLER of Florida) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Elementary and Secondary Education Act

of 1965 to provide services to immigrant children.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That Part D of title IV of the Elementary and Secondary

4 Education Act of 1965 is amended to read as follows:
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1 ‘‘PART D—IMMIGRANT EDUCATION

2 ‘‘SEC. 4401. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Emergency Immi4 grant Education Act of 1993’.

5 ‘‘SEC. 4402. POLICY STATEMENT.

6 ‘‘Congress recognizes that—

7 ‘‘(1) the Government has jurisdiction over im8 migration and refugee admissions;

9 ‘‘(2) immigrants and refugees have special

10 needs which require Government assistance in order

11 to facilitate assimilation;

12 ‘‘(3) the Government has acknowledged these

13 needs by mandating that both documented and un14 documented immigrants be provided with medical at15 tention, education, and other services;

16 ‘‘(4) the Government has not provided adequate

17 reimbursement to States that bear the costs of im18 migrant populations;

19 ‘‘(5) the costs of educating immigrant children

20 have largely been left to States and local school dis21 tricts;

22 ‘‘(6) the educational needs of immigrant chil23 dren create financial and administrative burdens on

24 school districts;

25 ‘‘(7) the Government has an obligation to help

26 immigrant children assimilate; and
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1 ‘‘(8) the Government has an obligation to help

2 local educational agencies pay for the additional

3 costs of serving immigrant children.

4 ‘‘SEC. 4403. DEFINITIONS.

5 ‘‘For purposes of this part—

6 ‘‘(1)(A) The term ‘immigrant children’ means

7 children who were not born in any State and have

8 resided in any 1 or more States for less than 5 years

9 and are attending school in any State in the United

10 States.

11 ‘‘(B) The term ‘immigrant’ has the same mean12 ing given such term under section 101(15) of the

13 Immigration and Nationality Act.

14 ‘‘(2) The term ‘elementary or secondary

15 nonpublic schools’ means schools which comply with

16 the applicable compulsory attendance laws of the

17 State and which are exempt from taxation under

18 section 501(c)(3) of the Internal Revenue Code of

19 1954.

20 ‘‘SEC. 4404. AUTHORIZATION AND ALLOCATION OF APPRO21 PRIATIONS.

22 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to make payments to

24 which State educational agencies are entitled under this

25 part and local educational agencies under section 4412
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1 and payments for administration under section 4404

2 $100,000,000 for each of the fiscal years 1994, 1995,

3 1996 and such sums as may be necessary for each of the

4 fiscal years 1997, 1998, 1999, and 2000.

5 ‘‘(b) ALLOCATION OF APPROPRIATIONS.—(1) If the

6 sums appropriated for any fiscal year to make payments

7 to States under this part are not sufficient to pay in full

8 the sum of the amounts which State educational agencies

9 are entitled to receive under this part for such year, the

10 allocations to State educational agencies shall be ratably

11 reduced to the extent necessary to bring the aggregate of

12 such allocations within the limits of the amounts so appro13 priated.

14 ‘‘(2) In the event that funds become available for

15 making payments under this part for any period after allo16 cations have been made under paragraph (1) of this sub17 section for such period, the amounts reduced under such

18 paragraph shall be increased on the same basis as they

19 were reduced.

20 ‘‘SEC. 4405. STATE FUNDS.

21 ‘‘(a) ADMINISTRATIVE COSTS.—The Secretary is au22 thorized to pay to each State educational agency amounts

23 equal to the amounts expended by it for the proper and

24 efficient administration of its functions under this part,

25 except that the total of such payments for any period shall
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1 not exceed 2 percent of the amounts which the State edu2 cational agency is entitled to receive for such period under

3 this part.

4 ‘‘(b) STATE FUNDS.—A State that receives funds

5 under this part may reserve not more than 3 percent of

6 such funds for services to immigrant children in local edu7 cational agencies that do not meet the requirements of sec8 tion 4407.

9 ‘‘SEC. 4406. WITHHOLDING.

10 ‘‘Whenever the Secretary, after reasonable notice and

11 opportunity for a hearing to any State educational agency,

12 finds that there is a failure to meet the requirements of

13 any provision of this part, the Secretary shall notify that

14 agency that further payments will not be made to the

15 agency under this part, or in the discretion of the Sec16 retary, that the State educational agency shall not make

17 further payments under this part to specified local edu18 cational agencies whose actions cause or are involved in

19 such failure until the Secretary is satisfied that there is

20 no longer any such failure to comply. Until the Secretary

21 is so satisfied, no further payments shall be made to the

22 State educational agency under this part, or payments by

23 the State educational agency under this part shall be lim24 ited to local educational agencies whose actions did not
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1 cause or were not involved in the failure, as the case may

2 be.

3 ‘‘SEC. 4407. STATE ENTITLEMENTS.

4 ‘‘(a) PAYMENTS.—The Secretary shall, in accordance

5 with the provisions of this section, make payments to

6 State educational agencies for each of the fiscal years

7 1994 through 2000 for the purpose set forth in section

8 4407.

9 ‘‘(b) ENTITLEMENTS.—(1) Except as provided in

10 paragraph (3) and in subsections (c) and (d) of this sec11 tion, the amount of the grant to which a State educational

12 agency is entitled under this part shall be equal to the

13 product of (A) the number of immigrant children enrolled

14 during such fiscal year in elementary and secondary public

15 schools under the jurisdiction of each local educational

16 agency described under paragraph (2) within that State,

17 and in any elementary or secondary nonpublic school with18 in the district served by each such local educational agen19 cy, multiplied by (B) $500.

20 ‘‘(2) The local educational agencies referred to in

21 paragraph (1) are those local educational agencies in

22 which the sum of the number of immigrant children who

23 are enrolled in elementary or secondary public schools

24 under the jurisdiction of such agencies, and in elementary

25 or secondary nonpublic schools within the districts served
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1 by such agencies, during the fiscal year for which the pay2 ments are to be made under this part, is equal to—

3 ‘‘(A) at least 1,000; or

4 ‘‘(B) at least 5 percent of the total number of

5 students enrolled in such public or nonpublic schools

6 during such fiscal year;

7 whichever number is less.

8 ‘‘(c) DETERMINATIONS OF NUMBER OF CHIL9 DREN.—(1) Determinations by the Secretary under this

10 section for any period with respect to the number of immi11 grant children shall be made on the basis of data or esti12 mates provided to the Secretary by each State educational

13 agency in accordance with criteria established by the Sec14 retary, unless the Secretary determines, after notice and

15 opportunity for a hearing to the affected State educational

16 agency, that such data or estimates are clearly erroneous.

17 ‘‘(2) No such determination with respect to the num18 ber of immigrant children shall operate because of an un19 derestimate or overestimate to deprive any State edu20 cational agency of its entitlement to any payment (or the

21 amount thereof) under this section to which such agency

22 would be entitled had such determination been made on

23 the basis of accurate data.

24 ‘‘(d) REALLOCATION.—Whenever the Secretary de25 termines that any amount of a payment made to a State
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1 under this part for a fiscal year will not be used by such

2 State for carrying out the purpose for which the payment

3 was made, the Secretary shall make such amount available

4 for carrying out such purpose to 1 or more other States

5 to the extent the Secretary determines that such other

6 States will be able to use such additional amount for car7 rying out such purpose. Any amount made available to a

8 State from an appropriation for a fiscal year in accordance

9 with the preceding sentence shall, for purposes of this

10 part, be regarded as part of such State’s payment (as de11 termined under subsection (b)) for such year, but shall

12 remain available until the end of the succeeding fiscal

13 year.

14 ‘‘SEC. 4408. USES OF FUNDS.

15 ‘‘(a) SERVICES AND COSTS.—Funds provided under

16 this part may be used in accordance with approved appli17 cations for supplementary educational services and costs

18 for immigrant children enrolled in the elementary and sec19 ondary public and nonpublic schools within the boundaries

20 of the local educational agency.

21 ‘‘(b) KINDS OF SERVICES AND COSTS.—Financial

22 assistance shall be available to meet the costs of providing

23 immigrant children supplementary educational services in24 cluding—
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1 ‘‘(1) supplementary educational services nec2 essary to enable immigrant children to achieve a sat3 isfactory level of performance, including—

4 ‘‘(A) English language instruction;

5 ‘‘(B) other bilingual educational services;

6 and

7 ‘‘(C) special materials and supplies;

8 ‘‘(2) start-up costs for special services designed

9 to meet the needs of new populations of immigrant

10 children if services such as newcomer centers and

11 gateway facilities are unavailable;

12 ‘‘(3) additional basic instructional services

13 which are directly attributable to the presence in the

14 local educational agencies of new populations of im15 migrant children, including the costs of providing

16 additional classroom supplies, overhead costs, costs

17 of construction, acquisition or rental of space, costs

18 of transportation, or such other costs as are directly

19 attributable to such additional basic instructional

20 services;

21 ‘‘(4) essential inservice training for personnel

22 who will be providing instruction, including cultural

23 awareness training;

24 ‘‘(5) special personnel to assess academic and

25 achievement levels, register and provide certain so-
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1 cial services, and assist the parents of immigrant

2 children to help them understand the requirements

3 of their children’s educational programs;

4 ‘‘(6) community and parent outreach programs;

5 ‘‘(7) family educational services that enable

6 parents to contribute to the education of their chil7 dren;

8 ‘‘(8) collaboration with social and health serv9 ices;

10 ‘‘(9) counseling services; and

11 ‘‘(10) preschool intervention programs.

12 ‘‘SEC. 4409. APPLICATIONS.

13 ‘‘(a) SUBMISSION.—No State educational agency

14 shall be entitled to any payment under this part for any

15 period unless that agency submits an application to the

16 Secretary at such time, in such manner, and containing

17 or accompanied by such information, as the Secretary may

18 reasonably require. Each such application shall—

19 ‘‘(1) provide that the educational programs,

20 services, and activities for which payments under

21 this part are made will be administered by or under

22 the supervision of the agency;

23 ‘‘(2) provide assurances that payments under

24 this part will be used for purposes set forth in sec25 tion 4407;
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1 ‘‘(3) provide assurances that such payments will

2 be distributed among local educational agencies

3 within that State on the basis of the number of chil4 dren counted with respect to such local educational

5 agency under section 4406(b)(1), adjusted to reflect

6 any reductions imposed pursuant to section

7 4406(b)(3) which are attributable to such local edu8 cational agency;

9 ‘‘(4) provide assurances that the State edu10 cational agency will not finally disapprove in whole

11 or in part any application for funds received under

12 this part without first affording the local educational

13 agency submitting an application for such funds rea14 sonable notice and opportunity for a hearing;

15 ‘‘(5) provide for making such reports as the

16 Secretary may reasonably require to perform the

17 functions under this part; and

18 ‘‘(6) provide assurances—

19 ‘‘(A) that to the extent consistent with the

20 number of immigrant children enrolled in the

21 elementary or secondary nonpublic schools with22 in the district served by a local educational

23 agency, such agency, after consultation with ap24 propriate officials of such schools, shall provide

25 for the benefit of these children secular, neu-
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1 tral, and nonideological services, materials, and

2 equipment necessary for the education of such

3 children;

4 ‘‘(B) that the control of funds provided

5 under this part and title to any materials,

6 equipment, and property repaired, remodeled,

7 or constructed with those funds shall be in a

8 public agency for the uses and purposes pro9 vided in this part, and a public agency shall ad10 minister such funds and property; and

11 ‘‘(C) that the provision of services pursu12 ant to this paragraph shall be provided by em13 ployees of a public agency or through contract

14 by such public agency with a person, associa15 tion, agency, or corporation who or which, in

16 the provision of such services, is independent of

17 such elementary or secondary nonpublic school

18 and of any religious organization; and such em19 ployment or contract shall be under the control

20 and supervision of such public agency, and the

21 funds provided under this paragraph shall not

22 be commingled with State or local funds.

23 ‘‘(b) APPROVAL OF APPLICATION.—The Secretary

24 shall approve an application which meets the requirements

25 of subsection (a). The Secretary shall not finally dis-
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1 approve an application of a State educational agency ex2 cept after reasonable notice and opportunity for a hearing

3 on the record to such agency.

4 ‘‘SEC. 4410. PAYMENTS.

5 ‘‘(a) AMOUNT.—Except as provided in section

6 4403(b), the Secretary shall pay to each State educational

7 agency having an application approved under section 4408

8 the amount which that State is entitled to receive under

9 this part.

10 ‘‘(b) SERVICES TO CHILDREN ENROLLED IN

11 NONPUBLIC SCHOOLS.—If by reason of any provision of

12 law a local educational agency is prohibited from providing

13 educational services for children enrolled in elementary

14 and secondary nonpublic schools, as required by section

15 4408(a)(6), or if the Secretary determines that a local

16 educational agency has substantially failed or is unwilling

17 to provide for the participation on an equitable basis of

18 children enrolled in such schools, the Secretary may waive

19 such requirement and shall arrange for the provision of

20 services to such children through arrangements which

21 shall be subject to the requirements of this part. Such

22 waivers shall be subject to consultation, withholding, no23 tice, and judicial review requirements in accordance with

24 the provisions of chapter 1 of title I.
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1 ‘‘SEC. 4411. MINIMUM AMOUNTS FOR EQUAL FUNDING.

2 ‘‘If appropriations under this part exceed

3 $50,000,000 for a fiscal year, such additional amounts

4 shall be divided equally between the programs developed

5 under sections 4407 and 4412.

6 ‘‘SEC. 4412. DISTRICTWIDE IMMIGRANT GRANTS.

7 ‘‘(a) IN GENERAL.—A grant may be made under this

8 section upon application by a local educational agency if

9 the sum of the number of immigrant children who are en10 rolled in elementary and secondary public and nonpublic

11 schools within the boundaries of the local educational

12 agency is equal to not less than 5,000 or not less than

13 10 percent of the total number of students enrolled in such

14 public or nonpublic schools during the fiscal year for which

15 the payments are to be made under this part, whichever

16 is less.

17 ‘‘(b) USES OF FUNDS.—(1) Funds provided under

18 this part may be used in accordance with approved appli19 cations for supplementary educational services and costs

20 for immigrant children enrolled in the elementary and sec21 ondary public and nonpublic schools within the boundaries

22 of the local educational agency.

23 ‘‘(2) Financial assistance shall be available to meet

24 the costs of providing immigrant children supplementary

25 educational services including—
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1 ‘‘(A) supplementary educational services nec2 essary to enable immigrant children to achieve a sat3 isfactory level of performance, including—

4 ‘‘(i) English language instruction;

5 ‘‘(ii) other bilingual educational services;

6 and

7 ‘‘(iii) special materials and supplies;

8 ‘‘(B) start-up costs for special services designed

9 to meet the needs of new populations of immigrant

10 children if services such as, newcomer centers and

11 gateway facilities are unavailable;

12 ‘‘(C) additional basic instructional services

13 which are directly attributable to the presence in the

14 (local educational agencies) of new populations of

15 immigrant children, including the costs of providing

16 additional classroom supplies, overhead costs, costs

17 of construction, acquisition or rental of space, costs

18 of transportation, or such other costs as are directly

19 attributable to such additional basic instructional

20 services;

21 ‘‘(D) essential inservice training for personnel

22 who will be providing instruction;

23 ‘‘(E) special personnel to assess academic and

24 achievement levels, register and provide certain so25 cial services, and assist the parents of immigrant
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1 children to help them understand the requirements

2 of their children’s educational programs;

3 ‘‘(F) community and parent outreach programs;

4 ‘‘(G) family educational services that enable

5 parents to contribute to the education of their chil6 dren;

7 ‘‘(H) collaboration with social and health serv8 ices;

9 ‘‘(I) counseling services; and

10 ‘‘(J) preschool intervention programs.

11 ‘‘(c) CONTENT OF APPLICATION.—Applications for

12 grants shall contain information regarding—

13 ‘‘(1) the total number of children enrolled in

14 programs conducted by the local educational agency;

15 ‘‘(2) the number of children residing in the area

16 served by the local educational agency who are en17 rolled in nonpublic schools;

18 ‘‘(3) the number of children enrolled in public

19 and nonpublic schools in the area served by the local

20 educational agency who are immigrant children as

21 defined by this Act;

22 ‘‘(4) the number of immigrant children who are

23 enrolled in instructional programs specifically de24 signed to meet their educational needs, as well as

25 descriptions of such programs;
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1 ‘‘(5) the number of immigrant children enrolled

2 in public or nonpublic schools in the area served by

3 the local educational agency who need or could bene4 fit from education programs such as programs as5 sisted under this part;

6 ‘‘(6) the number of immigrant children who are

7 to receive instruction through the proposed program

8 and the extent of their educational needs;

9 ‘‘(7) a statement of the applicant’s ability to

10 serve immigrant children, including an assessment of

11 the qualifications of personnel who will participate in

12 the proposed project and of the need for further

13 training of such personnel;

14 ‘‘(8) the resources needed to develop and oper15 ate, or improve the proposed program;

16 ‘‘(9) the school facilities needed to make room

17 for sudden increases in enrollment, with specific de18 scriptions of increases in classroom size and over19 crowded conditions;

20 ‘‘(10) the activities which would be undertaken

21 under the grant, including training of educational

22 personnel and parents, and how these activities will

23 improve the educational attainment of immigrant

24 students and expand the capacity of the applicant to
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1 operate programs such as those assisted under this

2 part when Federal assistance is no longer available;

3 ‘‘(11) the total budget of the applicant’s local

4 educational agency;

5 ‘‘(12) the percentage of the applicant’s total

6 budget that is spent on programs for immigrant

7 children; and

8 ‘‘(13) the estimated cost of providing edu9 cational and educational-related services for the im10 migrant student population in the area served by the

11 local educational agency, including costs of construc12 tion.

13 ‘‘(d) APPROVAL OF APPLICATIONS.—An application

14 for a grant under this part may be approved if the Sec15 retary determines—

16 ‘‘(1) that the program will use qualified person17 nel;

18 ‘‘(2) that Federal funds made available for the

19 project or activity will be used so as to supplement

20 the level of State and local funds that, in the ab21 sence of such Federal funds, would have been ex22 pended for special programs for immigrant children

23 and in no case supplant such State and local funds;

24 ‘‘(3) that the assistance provided under the ap25 plication will contribute toward building the capacity
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1 of the applicant to provide a program on a regular

2 basis, similar to that proposed for assistance, which

3 will be of sufficient size, scope, and quality to prom4 ise significant improvement in the education of chil5 dren of limited English proficiency, and that the ap6 plicant will have the resources and commitment to

7 continue the program when assistance under this

8 part is reduced or no longer available; and

9 ‘‘(4) that the applicant will provide or secure

10 training for personnel participating, or preparing to

11 participate, in the program which will assist them to

12 meet State and local certification requirements and

13 that, to the extent possible, college or university

14 credit will be awarded for such training.

15 ‘‘(e) SPECIAL CONSIDERATION.—In awarding grants,

16 the Secretary shall take into consideration—

17 ‘‘(1) the geographic distribution of immigrant

18 children across the Nation and grants must be dis19 tributed accordingly, ensuring that there is geo20 graphic diversity in grant awards;

21 ‘‘(2) the relative numbers of persons from low22 income families who would benefit from the appli23 cants’ programs; and

24 ‘‘(3) the applicants’ relative ability to provide

25 needed services and activities.
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1 ‘‘(f) TERM.—Districtwide grants shall be made avail2 able for a 5-year period with the amount of each grant

3 not to exceed $400,000 for each fiscal year. Recipients

4 must submit to the Secretary a report each year that dem5 onstrates a continuing need for such funds.

6 ‘‘SEC. 4413. REPORTS.

7 ‘‘(a) BIENNIAL REPORT.—Each State educational

8 agency receiving funds under this part shall submit, bien9 nially, a report to the Secretary concerning the expendi10 ture of funds by local educational agencies under this part.

11 Each local educational agency receiving funds under this

12 part shall submit to the State educational agency such in13 formation as may be necessary for such report.

14 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall

15 submit biannually a report to the appropriate committees

16 of the Congress concerning programs under this part.’’.

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