II

103D CONGRESS

1ST SESSION S. 1525

To improve the quantity and quality of foreign language instruction offered

in our Nation’s elementary and secondary schools.

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 27), 1993

Mr. GLENN introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Services

A BILL

To improve the quantity and quality of foreign language

instruction offered in our Nation’s elementary and secondary schools.

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

3 SECTION 1. FOREIGN LANGUAGE ASSISTANCE.

4 Part B of title II of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 3001 et seq.) is amend6 ed to read as follows:

7 ‘‘SEC. 2101. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Foreign Language

9 Assistance Act of 1993’.
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1 ‘‘SEC. 2102. FINDINGS.

2 ‘‘The Congress finds that—

3 ‘‘(1) foreign language proficiency is key to our

4 Nation’s international economic competitiveness, se5 curity interests and diplomatic effectiveness;

6 ‘‘(2) the United States lags behind other devel7 oped countries in the opportunities the United

8 States offers elementary and secondary school stu9 dents to study and become proficient in foreign lan10 guages;

11 ‘‘(3) more teachers must be trained for foreign

12 language instruction in our Nation’s elementary and

13 secondary schools, and those teachers must have ex14 panded opportunities for continued improvement of

15 their skills;

16 ‘‘(4) students with proficiency in languages

17 other than English should be viewed as valuable sec18 ond language resources for other students; and

19 ‘‘(5) a strong Federal commitment to the pur20 pose of this part is necessary.

21 ‘‘SEC. 2103. PURPOSE.

22 ‘‘It is the purpose of this part to improve the quantity

23 and quality of foreign language instruction offered in our

24 Nation’s elementary and secondary schools.

25 ‘‘SEC. 2104. PROGRAM AUTHORIZED.

26 ‘‘(a) AUTHORITY.—
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1 ‘‘(1) GRANTS FROM THE SECRETARY.—In any

2 fiscal year in which the appropriations for this part

3 equal or exceed $50,000,000, the Secretary is au4 thorized, in accordance with the provisions of this

5 part, to award grants to States from allocations

6 under section 2105 to pay the Federal share of the

7 costs of the activities described in section 2107.

8 ‘‘(2) STATE GRANT PROGRAM.—In any fiscal

9 year in which the appropriations for this part do not

10 equal or exceed $50,000,000, the Secretary is au11 thorized to make grants, in accordance with the pro12 visions of this part, to State educational agencies,

13 local educational agencies, consortia of local edu14 cational agencies, or consortia of local educational

15 agencies and institutions of higher education, to pay

16 the Federal share of the cost of activities described

17 in section 2107.

18 ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds pro19 vided under this part shall be used to supplement and not

20 supplant non-Federal funds made available for the activi21 ties described in section 2107.

22 ‘‘(c) DURATION.—Grants or contracts awarded under

23 this part shall be awarded for a period of not longer than

24 5 years.
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1 ‘‘SEC. 2105. ALLOCATION OF FUNDS.

2 ‘‘(a) ALLOCATION.—From the amount appropriated

3 under section 2113 for any fiscal year, the Secretary shall

4 reserve—

‘‘(1) not more than 1 5 ⁄2 of 1 percent for alloca6 tion among Guam, American Samoa, the Virgin Is7 lands, the Northern Mariana Islands, and the Re8 public of Palau (until such time as the Compact of

9 Free Association is ratified) according to their re10 spective needs for assistance under this part;

‘‘(2) not more than 1 11 ⁄2 of 1 percent for pro12 grams for Native American students served by

13 schools funded by the Secretary of the Interior if

14 such programs are consistent with the purpose of

15 this part;

16 ‘‘(3) 10 percent for national programs described

17 in section 2108(a);

18 ‘‘(4) 5 percent for evaluation and research de19 scribed in section 2108(b); and

20 ‘‘(5) in the case of a fiscal year in which appro21 priations for this part equal or exceed $50,000,000,

22 10 percent for bonus grants described in section

23 2108(c).

24 ‘‘(b) FORMULA.—In any fiscal year in which the ap25 propriations for this part equal or exceed $50,000,000, the

26 remainder of the amount so appropriated (after meeting
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1 the requirements of subsection (a)) shall be allocated

2 among the States as follows:

‘‘(1) 1 3 ⁄2 of such remainder shall be allocated

4 among the States by allocating to each State an

amount which bears the same ratio to 1 5 ⁄2 of such re6 mainder as the number of children aged 5 to 17, in7 clusive, in the State bears to the number of such

8 children in all States; and

‘‘(2) 1 9 ⁄2 of such remainder shall be allocated

10 among the States according to each State’s share of

11 allocations under chapter 1 of title I for the preced12 ing fiscal year,

except that no State shall receive less than 1 13 ⁄4 of 1 percent

14 of such remainder.

15 ‘‘(c) SPECIAL RULE.—The provisions of Public Law

16 95–134 shall not apply to assistance provided pursuant

17 to paragraph (1) of subsection (a).

18 ‘‘SEC. 2106. IN-STATE APPORTIONMENT.

19 ‘‘(a) FUNDING ABOVE $50,000,000.—In any fiscal

20 year in which appropriations for this part equal or exceed

21 $50,000,000, each State receiving a grant under this part

22 shall distribute not less than 95 percent of such grant

23 funds so that—

24 ‘‘(1) 50 percent of such funds are distributed to

25 local educational agencies within the State for in-
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1 structional programs described in paragraph (1) of

2 section 2107; and

3 ‘‘(2) 50 percent of such funds are distributed to

4 local educational agencies within the State for teach5 er development and recruitment activities described

6 in paragraph (2) of section 2107.

7 ‘‘(b) FUNDING BELOW $50,000,000.—In any fiscal

8 year in which appropriations for this part do not equal

9 or exceed $50,000,000, the Secretary shall award grants

10 to State educational agencies, local educational agencies,

11 consortia of local educational agencies, or consortia of

12 local educational agencies and institutions of higher edu13 cation, so that—

14 ‘‘(1) 50 percent of the funds all such entities in

15 a State receive shall be used for instructional pro16 grams described in paragraph (1) of section 2107;

17 and

18 ‘‘(2) 50 percent of the funds all such entities in

19 a State receive shall be used for teacher development

20 and recruitment activities described in paragraph (2)

21 of section 2107.

22 ‘‘SEC. 2107. AUTHORIZED ACTIVITIES.

23 ‘‘A State, State educational agency, local educational

24 agency, consortium of local educational agencies, or con25 sortium of a local educational agency and an institution
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1 of higher education may use payments received under this

2 part for the following activities:

3 ‘‘(1) INSTRUCTIONAL PROGRAMS.—Activities

4 which establish, improve or expand elementary or

5 secondary school foreign language programs, includ6 ing—

7 ‘‘(A) elementary school immersion pro8 grams with articulation at the secondary school

9 level;

10 ‘‘(B) content-based foreign language in11 struction; and

12 ‘‘(C) intensive summer foreign language

13 programs for students.

14 ‘‘(2) TEACHER DEVELOPMENT AND RECRUIT15 MENT.—Activities which—

16 ‘‘(A) expand or improve preservice train17 ing, inservice training and retraining of teach18 ers of foreign languages, which training or re19 training shall emphasize—

20 ‘‘(i) intensive summer foreign lan21 guage programs for teachers; and

22 ‘‘(ii) teacher training programs for el23 ementary school teachers;

24 ‘‘(B) recruit qualified individuals with a

25 demonstrated proficiency in a foreign language
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1 to teach foreign languages in elementary and

2 secondary schools, which individuals may in3 clude—

4 ‘‘(i) a retired or returning Federal

5 Government employee who served abroad

6 or a Federal Government employee whose

7 position required proficiency in one or

8 more foreign languages;

9 ‘‘(ii) a retired or returning Peace

10 Corps volunteer;

11 ‘‘(iii) a retired or returning business

12 person or professional who served abroad

13 or whose position required proficiency in

14 one or more foreign languages;

15 ‘‘(iv) a foreign-born national with the

16 equivalent of a bachelor’s degree from a

17 domestic or overseas institution of higher

18 education;

19 ‘‘(v) an individual with a bachelor’s

20 degree whose major or minor was in a for21 eign language or international studies; and

22 ‘‘(vi) a graduate of a fellowship or

23 scholarship program assisted under the

24 David L. Boren National Security Edu-
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1 cation Act of 1991 (20 U.S.C. 1901 et

2 seq.);

3 ‘‘(C) develop programs of alternative

4 teacher preparation and alternative certification

5 to qualify such individuals to teach foreign lan6 guages in elementary and secondary schools;

7 and

8 ‘‘(D) establish programs for individual for9 eign language teachers within a local edu10 cational agency in order to improve such teach11 ers’ teaching ability or the instructional mate12 rials used in such teachers’ classrooms.

13 ‘‘SEC. 2108. FEDERAL ACTIVITIES.

14 ‘‘(a) NATIONAL PROGRAMS.—From amounts re15 served pursuant to section 2105(a)(3) in each fiscal year,

16 the Secretary is authorized to make grants to State edu17 cational agencies, local educational agencies or consortia

18 of local educational agencies to pay the Federal share of

19 the cost of model demonstration programs that represent

20 a variety of alternative and innovative approaches to for21 eign language instruction for elementary or secondary

22 school students, including—

23 ‘‘(1) two-way language programs; and

24 ‘‘(2) programs that integrate educational tech25 nology into curricula.
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1 ‘‘(b) EVALUATION AND RESEARCH.—From amounts

2 reserved pursuant to section 2105(a)(4) in each fiscal

3 year, the Secretary—

4 ‘‘(1) shall evaluate programs assisted under this

5 part; and

6 ‘‘(2) through the Office of Educational Re7 search and Improvement, shall award grants or

8 enter into contracts for research, regarding—

9 ‘‘(A) effective methods of foreign language

10 learning and teaching;

11 ‘‘(B) assessments of elementary school for12 eign language programs and student skills; and

13 ‘‘(C) the efficacy of secondary school for14 eign language programs.

15 ‘‘(c) BONUS GRANTS.—

16 ‘‘(1) IN GENERAL.—From amounts reserved

17 pursuant to section 2105(a)(5) in any fiscal year,

18 the Secretary is authorized to award bonus grants to

19 States which—

20 ‘‘(A) require at least 3 years of foreign

21 language study for all students graduating from

22 secondary school in the State;

23 ‘‘(B) require at least 2 years of foreign

24 language study prior to entrance into grade 9

25 in the State;
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1 ‘‘(C) have at least 40 percent of the ele2 mentary school students in the State enrolled in

3 foreign language instruction programs; or

4 ‘‘(D) have at least 70 percent of the sec5 ondary school students in the State enrolled in

6 foreign language instruction programs.

7 ‘‘(2) AMOUNT.—Each State eligible to receive a

8 grant under paragraph (1) in a fiscal year shall re9 ceive a grant in such fiscal year in an amount deter10 mined as follows:

11 ‘‘(A) 50 percent of such amount shall be

12 determined on the basis of the number of chil13 dren aged 5 to 17, inclusive, in such State com14 pared to the number of such children in all

15 such States.

16 ‘‘(B) 50 percent of such amount shall be

17 determined on the basis of such State’s share of

18 allocations under chapter 1 of title I compared

19 to all such States’ share of such allocations.

20 ‘‘SEC. 2109. APPLICATIONS.

21 ‘‘Each State, State educational agency, local edu22 cational agency, consortium of local educational agencies,

23 or consortium of a local educational agency and an institu24 tion of higher education, desiring assistance under this

25 part shall submit an application to the Secretary at such
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1 time, in such form, and containing or accompanied by

2 such information and assurances as the Secretary may

3 reasonably require.

4 ‘‘SEC. 2110. PAYMENTS; FEDERAL SHARE; NON-FEDERAL

5 SHARE; WAIVER.

6 ‘‘(a) PAYMENTS.—The Secretary shall pay to each el7 igible entity having an application approved under section

8 2109 the Federal share of the cost of the activities de9 scribed in the application.

10 ‘‘(b) FEDERAL SHARE.—

11 ‘‘(1) IN GENERAL.—The Federal share—

12 ‘‘(A) for the first year for which an eligible

13 entity receives assistance under this part shall

14 be not more than 90 percent;

15 ‘‘(B) for the second such year shall be not

16 more than 80 percent;

17 ‘‘(C) for the third such year shall be not

18 more than 60 percent; and

19 ‘‘(D) for the fourth and any subsequent

20 year shall be not more than 40 percent.

21 ‘‘(c) NON-FEDERAL SHARE.—The non-Federal share

22 of payments under this part may be in cash or in kind,

23 fairly evaluated, including equipment or services.

24 ‘‘(d) WAIVER.—The Secretary may waive, in whole

25 or in part, the requirement to provide the non-Federal
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1 share of payments for any State, State educational agen2 cy, local educational agency, consortium of local edu3 cational agencies, or consortium of a local educational

4 agency and an institution of higher education, which the

5 Secretary determines does not have adequate resources to

6 pay the non-Federal share of the program or activity.

7 ‘‘SEC. 2111. PARTICIPATION OF CHILDREN AND TEACHERS

8 FROM PRIVATE SCHOOLS.

9 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL STU10 DENTS.—To the extent consistent with the number of chil11 dren in the State or in the school district of each local

12 educational agency receiving assistance under this part

13 who are enrolled in private nonprofit elementary and sec14 ondary schools, such State or agency shall, after consulta15 tion with appropriate private school representatives, make

16 provision for including services and arrangements for the

17 benefit of such children as will assure the equitable partici18 pation of such children in the purposes and benefits of

19 this part.

20 ‘‘(b) PARTICIPATION OF PRIVATE SCHOOL TEACH21 ERS.—To the extent consistent with the number of chil22 dren in the State or in the school district of a local edu23 cational agency receiving assistance under this part who

24 are enrolled in private nonprofit elementary and secondary

25 schools, such State or agency shall, after consultation with
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1 appropriate private school representatives, make provision,

2 for the benefit of such teachers in such schools, for such

3 training and retraining as will assure equitable participa4 tion of such teachers in the purposes and benefits of this

5 part.

6 ‘‘(c) WAIVER.—If by reason of any provision of law

7 a State or local educational agency is prohibited from pro8 viding for the participation of children or teachers from

9 private nonprofit schools as required by subsections (a)

10 and (b), or if the Secretary determines that a State or

11 local educational agency has substantially failed or is un12 willing to provide for such participation on an equitable

13 basis, the Secretary shall waive such requirements and

14 shall arrange for the provision of services to such children

15 or teachers, subject to the requirements of this section.

16 Such waivers shall be subject to consultation, withholding,

17 notice, and judicial review requirements in accordance

18 with section 1017 of this Act.

19 ‘‘SEC. 2112. DEFINITIONS.

20 ‘‘For the purpose of this part—

21 ‘‘(1) the term ‘articulation’ means the continu22 ity of expectations and instruction from year to year

23 and level to level within foreign language study;

24 ‘‘(2) the term ‘content-based foreign language

25 instruction’ means instruction in which portions of
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1 subject content from the regular school curriculum

2 are taught or reinforced through the medium of a

3 foreign language;

4 ‘‘(3) the term ‘foreign language instruction’

5 means instruction in any foreign language, with em6 phasis on languages not frequently taught in elemen7 tary and secondary schools;

8 ‘‘(4) the term ‘immersion’ means an approach

9 to foreign language instruction in which students

10 spend one-half or more of their school day receiving

11 instruction in the regular school curriculum through

12 the medium of a foreign language;

13 ‘‘(5) the term ‘intensive summer foreign lan14 guage program’ means a program in which partici15 pants are immersed in the foreign language for the

16 duration of the activity;

17 ‘‘(6) the term ‘State’ means each of the 50

18 States, the District of Columbia and the Common19 wealth of Puerto Rico; and

20 ‘‘(7) the term ‘two-way language program’

21 means a foreign language program in which native

22 speakers of English are brought together with ap23 proximately equal numbers of speakers of another

24 language and in which content instruction, reading

25 and language arts are taught in both English and
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1 the non-English language, with the goal of produc2 ing students who have high levels of proficiency in

3 English and the non-English language, appreciation

4 for other cultures, and academic achievement at

5 grade level expectation or above.

6 ‘‘SEC. 2113. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated

8 $75,000,000 for fiscal year 1994, and such sums as may

9 be necessary for each of the 4 succeeding years, to carry

10 out this part.’’.

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