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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6036 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6036

                To improve foreign language instruction.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

  Mr. Holt (for himself and Mr. Tonko) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
                To improve foreign language instruction.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Excellence and Innovation in 
Language Learning Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) According to a 2007 report by the National Research 
        Council, a pervasive lack of knowledge about foreign cultures 
        and foreign languages in this country threatens the security of 
        the United States, as well as its ability to compete in the 
        global marketplace and produce an informed citizenry.
            (2) According to a 2007 report by the National Research 
        Council, early language learning in elementary school and 
        secondary school is key to establishing a pipeline of students 
        who can eventually reach a high enough level of proficiency in 
        foreign languages and cultures to meet national needs.
            (3) According to a 2006 report by the Committee for 
        Economic Development, current efforts to develop language 
        skills and knowledge of world regions at an early age are 
        clearly inadequate to prepare high school graduates with the 
        skills necessary for productivity and citizenship in an 
        integrated global economy.
            (4) The American Council on the Teaching of Foreign 
        Languages found that only 18.5 percent of students in 
        kindergarten through grade 12 were enrolled in foreign language 
        classes in the 2007-2008 school year. Furthermore, the length 
        of time students spent studying languages at school has 
        stagnated, so that many students reach only introductory levels 
        of proficiency.
            (5) According to a 2009 report by the Center for Applied 
        Linguistics, language instruction in schools has declined 
        dramatically over the past decade. The percentage of elementary 
        schools and middle schools offering foreign language 
        instruction decreased significantly from 1997 to 2008, 
        declining from 31 percent to 25 percent for elementary schools 
        and 75 percent to 58 percent for middle schools.
            (6) Research demonstrates that success lies not only in the 
        number of years of learning but also in having carefully 
        sequenced, articulated programs of language learning across a 
        student's school experience, requiring bridging the gaps 
        between levels in foreign language education.
            (7) According to research collected by the American Council 
        on the Teaching of Foreign Languages, children derive 
        cognitive, academic, and social benefits from the opportunity 
        to learn another language at an early age.
            (8) According to the Center for Applied Linguistics, in 
        2008 significant disparities existed in language learning 
        opportunities, with students at suburban schools having more 
        opportunities than students in rural schools, and students in 
        private schools having more opportunities then those in public 
        schools. For example, 15 percent of public elementary schools 
        teach second languages in their classrooms as opposed to 51 
        percent of private elementary schools.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) Protecting our national security interests by 
        increasing the number of American students who have access to 
        quality kindergarten through grade 12 foreign language 
        instruction in order to achieve a high level of proficiency in 
        such languages.
            (2) Preparing American students to graduate high school 
        able to communicate in a second language and operate within 
        another cultural framework in order to foster the 
        competitiveness of the United States in the global economy.
            (3) Closing achievement gaps domestically and 
        internationally by providing American students equal access to 
        quality kindergarten through grade 12 foreign language 
        instruction.
            (4) Providing every student access to quality language 
        instruction as part of articulated kindergarten through grade 
        12 language sequences in order to give every student the 
        opportunity to become proficient in other languages in addition 
        to English by high school graduation.
            (5) Strengthening innovative preparation and recruitment 
        initiatives for future foreign language teachers and enhance 
        professional development opportunities for current teachers.
            (6) Exposing elementary schoolchildren to foreign languages 
        early in their educational career.
            (7) Widely disseminating information on programs that 
        demonstrate success.

SEC. 3. NATIONAL ACTIVITIES.

    (a) In General.--From the amounts made available to carry out this 
section, the Secretary of Education shall carry out the following 
national activities:
            (1) Coordinating with the Secretary of State, Secretary of 
        Defense, Secretary of Commerce, and the heads of other relevant 
        Federal agencies to share best practices in teaching and 
        learning foreign languages.
            (2) Providing incentives for States to adopt and implement 
        nationally recognized standards that are developed and widely 
        accepted by the language education professionals community for 
        foreign language instruction in elementary and secondary 
        education and to disseminate information on effective language 
        assessments aligned to those standards.
            (3) Supporting and disseminating research in the areas of 
        best practices in teaching and learning foreign languages at 
        elementary and secondary education levels, including best 
        practices with respect to the instructional time and intensity 
        of programs that achieve high levels of student proficiency.
            (4) Supporting the development and expansion of existing 
        nationally recognized proficiency-based valid and reliable 
        assessments for foreign languages taught in kindergarten 
        through grade 12.
            (5) Providing scholarships for study-abroad opportunities 
        for students in grades 6 through 12 and for the teachers and 
        prospective teachers of such students.
            (6) Providing scholarships for study-abroad opportunities 
        linked to language learning for foreign language teachers who 
        teach at the elementary or secondary education levels.
            (7) Requiring the National Center for Education Statistics 
        to annually collect, analyze, and internationally benchmark 
        data on--
                    (A) the number of students reaching proficiency 
                benchmarks at the elementary and secondary education 
                level;
                    (B) the number of public elementary and secondary 
                schools, private elementary and secondary schools, and 
                private heritage schools that offer foreign language 
                instruction;
                    (C) the languages taught and the levels of 
                instruction offered at public elementary and secondary 
                schools, private elementary and secondary schools, and 
                private heritage schools;
                    (D) the number of teachers providing foreign 
                language instruction at public elementary and secondary 
                schools, private elementary and secondary schools, and 
                private heritage schools, including the languages and 
                the levels of instruction taught at such schools; and
                    (E) the number of public elementary and secondary 
                schools that provide academic credits for proficiency 
                in language abilities acquired outside of the public 
                school system.
            (8) Working with State educational agencies to develop a 
        standardized data collection method described in section 4 to 
        collect the data described in paragraph (7).
            (9) Disseminating nationally, including through a Web-based 
        clearinghouse, promising foreign language learning and teaching 
        practices and successful program models for students in 
        kindergarten through grade 12, as developed under this section 
        and through other Department of Education programs; and
            (10) Supporting partnerships of local and State educational 
        agencies with institutions of higher education and other 
        nonprofit educational organizations to identify innovative, 
        state-of-the-art technologies and platforms that have been 
        proven to be successful for effective language instruction.
    (b) Collaboration.--The activities described in subsection (a) may 
be carried out by the Secretary directly or through grants to, or 
contracts with, institutions of higher education or public and private 
nonprofit agencies and organizations.
    (c) Reporting.--Not later than 5 years after the date of the 
enactment of this Act, the Secretary, after consultation with State 
educational agencies, shall submit a report to the Committee on 
Education and Labor of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate on--
            (1) the use of funds authorized under this Act; and
            (2) how the programs and activities carried out with such 
        funds impacted--
                    (A) student language proficiency;
                    (B) the availability of foreign language education 
                programs in kindergarten through grade 12;
                    (C) the number of early foreign language programs; 
                and
                    (D) the number of elementary school and secondary 
                school foreign language teachers.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000,000 to carry out this section for fiscal year 
2011 and such sums as may be necessary for each succeeding fiscal year.

SEC. 4. STATE ACTIVITIES.

    (a) In General.--From the amounts made available to carry out this 
section, the Secretary shall award grants, on a competitive basis, to 
States to improve elementary school and secondary school foreign 
language learning programs in the State.
    (b) Application.--In order to receive a grant under this section, a 
State educational agency shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may require.
    (c) Use of Funds.--A State educational agency receiving a grant 
under this section shall use such grant funds to carry out the 
following:
            (1) Developing policy.--Develop foreign language and 
        international education policy and programs in the State to--
                    (A) provide for articulated pathways toward 
                language proficiency beginning in kindergarten through 
                high school graduation; and
                    (B) build capacity for delivering foreign language 
                and international education to students statewide;
            (2) State foreign language and international education 
        advisory council.--
                    (A) Appointment.--Appoint a State foreign language 
                and international education advisory council (in this 
                section referred to as the ``Council'') that includes 
                representatives from--
                            (i) the State's business community;
                            (ii) State economic development and trade 
                        agencies;
                            (iii) small business bureaus;
                            (iv) military facilities;
                            (v) individuals with international and area 
                        studies expertise; and
                            (vi) teachers and individuals with 
                        professional expertise in language acquisition 
                        from each of the following educational levels:
                                    (I) Kindergarten through grade 8.
                                    (II) Grade 8 through grade 12.
                                    (III) Higher education.
                    (B) Duties.--The Council shall be coordinated by 
                the Chief State School Officer or his or her designee 
                and--
                            (i) shall--
                                    (I) advise the State educational 
                                agency on the development of a State 
                                needs assessment of--
                                            (aa) the demand for people 
                                        with foreign language skills in 
                                        various professions and 
                                        employment sectors throughout 
                                        the State;
                                            (bb) the number and 
                                        percentage of elementary and 
                                        secondary schools in the State 
                                        that offer language programs;
                                            (cc) the foreign languages 
                                        taught in the State's 
                                        elementary and secondary 
                                        schools;
                                            (dd) the number of foreign 
                                        language teachers in the 
                                        State's elementary and 
                                        secondary schools; and
                                            (ee) the number of 
                                        comprehensive statewide 
                                        sequences of foreign languages 
                                        from kindergarten through high 
                                        school graduation;
                                    (II) recommend approaches to 
                                improve the teaching of foreign 
                                languages for students statewide based 
                                on research-based best practices;
                                    (III) recommend ways to expand 
                                foreign language and international 
                                education opportunities for students 
                                statewide through innovative 
                                approaches, such as immersion, online, 
                                and other hybrid language and 
                                international educational learning 
                                experiences that use pedagogically 
                                sound approaches;
                                    (IV) work with professional 
                                standards boards and State licensing 
                                bodies, review teacher certification 
                                requirements and, as needed, recommend 
                                changes to State certification 
                                requirements to ensure high-quality 
                                foreign language teachers;
                                    (V) recommend strategies to address 
                                any shortages of elementary and 
                                secondary education teachers in common 
                                and less commonly taught languages 
                                within the State;
                                    (VI) develop pathways for students 
                                to achieve the advanced level of 
                                proficiency on the American Council on 
                                the Teaching of Foreign Languages 
                                proficiency scale or by other 
                                nationally recognized measures of 
                                advanced standards of proficiency; and
                                    (VII) develop and assist in 
                                implementation of a statewide outreach 
                                and communications campaign to the 
                                public on the importance of foreign 
                                language and international education as 
                                one of the prerequisites to success in 
                                the 21st Century; and
                            (ii) may recommend alternative routes to 
                        certification that employ equally rigorous 
                        standards for highly skilled teachers of less 
                        commonly taught languages.
            (3) State language and international education 
        coordinator.--Designate a State language and international 
        education coordinator, or, as appropriate, coordinators to 
        oversee and coordinate foreign language programs within the 
        State to oversee the planning, development, and implementation 
        of the State foreign language policies described in paragraph 
        (1).
            (4) Foreign language proficiency standards.--Adopt 
        nationally recognized foreign language learning proficiency 
        standards as well as student foreign language assessments 
        aligned to the proficiency standards.
            (5) Professional development programs.--Carry out teacher 
        in-service and pre-service professional development programs, 
        including summer institutes, that address the shortage of 
        foreign language teachers in the State. Such activities may be 
        in partnership with local educational agencies, institutions of 
        higher education, and nonprofit organizations, and may be 
        consistent with model program established under section 5.
            (6) Scholarships and incentives.--Provide scholarships and 
        incentives to recruit new teachers and encourage practicing 
        teachers to take advantage of professional development 
        opportunities.
            (7) Technical assistance.--Provide technical assistance to 
        local programs for foreign language education carried out in 
        elementary schools or secondary schools in the State.
            (8) Carry out recommendations.--Carry out recommendations 
        of the State foreign language and international education 
        advisory council, as appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for $100,000 to carry out this section for fiscal year 
2011 and such sums as may be necessary for each succeeding fiscal year.

SEC. 5. FOREIGN LANGUAGE EDUCATION PARTNERSHIP PROGRAMS.

    (a) Program Authorized.--
            (1) In general.--From the amounts made available to carry 
        out this section, the Secretary shall make incentive grants to 
        eligible partnerships to develop and maintain, or to improve 
        and expand, model programs that support articulated foreign 
        language learning in elementary schools and secondary schools.
            (2) Planning and development.--For the first 2 fiscal years 
        an eligible partnership receives funds under paragraph (1) for 
        a model program on a less-commonly-taught foreign language, the 
        Secretary may allow that partnership, based on demonstrated 
        need, to use funds for planning and development activities 
        based on nationally recognized standards in foreign language 
        education, including--
                    (A) development of an articulated instructional 
                curriculum for the less-commonly-taught foreign 
                language to which the model program relates;
                    (B) in-service and pre-service development of 
                teachers, and development of curriculum and language 
                assessments in the less commonly taught foreign 
                language to which the model program relates; and
                    (C) development of contextual programs and 
                curriculum materials related to the less commonly 
                taught foreign language to which the model program 
                relates, as described in subsection (d).
    (b) Applications.--
            (1) In general.--Each eligible partnership desiring a grant 
        under this section shall submit an application to the Secretary 
        such time, in such manner, and containing such information as 
        the Secretary may require, including the information described 
        in paragraph (2).
            (2) Contents.--Each application shall--
                    (A) identify each member of the partnership, 
                provide contact information and letters of commitment 
                for each such member, and describe the responsibilities 
                of each such member, including--
                            (i) identifying the member that will 
                        receive and manage the grant;
                            (ii) specifying how each member will be 
                        involved in the planning, development, and 
                        implementation of the activities proposed under 
                        the grant;
                            (iii) describing the resources to be 
                        provided by each member; and
                            (iv) describing how each member will 
                        contribute to ensuring the continuity of 
                        student progress in foreign language 
                        proficiency from kindergarten through grade 12;
                    (B) describe how an articulated curriculum for 
                students to achieve an advanced level of proficiency by 
                grade 12 will be developed and implemented;
                    (C) identify target proficiency levels for students 
                at critical benchmarks, and describe how progress 
                toward those proficiency levels will be assessed at the 
                benchmarks;
                    (D) describe how the partnership will support and 
                continue the program after the grant has expired, 
                including how the partnership will seek support from 
                other sources, such as State and local governments, 
                foundations, and the private sector;
                    (E) describe which assessments will be used or, if 
                assessments are not available, how assessments will be 
                developed; and
                    (F) describe how the proposed program will meet 
                nationally recognized standards in foreign language 
                education.
    (c) Contextual Dimension.--A model program may not receive an 
incentive grant under this section unless it includes a dimension, 
carried out in conjunction with foreign language instruction, under 
which each foreign language learner also participates in programs to 
expand the understanding and knowledge of historic, geographic, 
cultural, economic, and other contextual factors of countries with 
populations who speak the foreign language to which the model program 
relates.
    (d) Use of Funds.--
            (1) Required uses.--An eligible partnership shall use an 
        incentive grant under this section--
                    (A) to design programs and teaching strategies 
                informed by the best practices recognized by the 
                foreign language education field and by the best 
                available research;
                    (B) to develop curriculum materials based on an 
                articulated framework or approach designed to bring 
                students to an advanced level of foreign language 
                proficiency by grade 12;
                    (C) to recruit students and teachers for model 
                programs that support articulated foreign language 
                learning in elementary schools and secondary schools; 
                and
                    (D) to carry out teacher in-service and pre-service 
                professional development programs, including summer 
                institutes, that support the model programs; and
            (2) Authorized uses.--An eligible partnership may use an 
        incentive grant under this section--
                    (A) to develop nationally recognized assessments 
                for kindergarten through grade 12 for the foreign 
                language to which the model program relates, if such 
                assessments do not exist for that language;
                    (B) to enhance nationally recognized assessments 
                for kindergarten through grade 12 for the foreign 
                language to which the model program relates, if such 
                assessments already exist for that language;
                    (C) to provide scholarships and incentives to 
                recruit new teachers and encourage practicing teachers 
                to take advantage of the professional development 
                opportunities;
                    (D) to provide opportunities for maximum foreign 
                language exposure for students domestically, such as 
                the creation of immersion environments in the classroom 
                and school, on weekend or summer experiences, and 
                special tutoring and academic support;
                    (E) to provide for the possibility for multiple 
                entry points for studying the foreign language;
                    (F) in an amount equal to not more than 20 percent 
                of such grant received in a fiscal year, to provide 
                scholarships for study-abroad opportunities related to 
                the foreign language to which the model program relates 
                for students in grades 9 through 12 and teachers and 
                prospective teachers of such students;
                    (G) to create partnerships with elementary and 
                secondary schools in other countries to facilitate 
                language and cultural learning and exchange;
                    (H) to carry out activities to integrate foreign 
                languages into the school curriculum and generate 
                whole-school collaboration, including activities and 
                support for teachers of other subjects and 
                administrators;
                    (I) to carry out activities to encourage community 
                involvement;
                    (J) to obtain technical assistance in the 
                development and implementation of the model program 
                funded under this section;
                    (K) to incorporate effective and innovative uses of 
                technology to enhance student learning and teaching;
                    (L) to recruit or appoint a language supervisor to 
                oversee and coordinate the progress of the articulated 
                foreign language program across grade levels in the 
                local educational agency funded with the incentive 
                grant;
                    (M) to work with professional standards boards and 
                State licensing bodies, review teacher certification 
                requirements and, as needed, recommend changes to State 
                certification requirements to ensure high-quality 
                foreign language teachers; and
                    (N) recommend alternative routes to certification 
                that employ equally rigorous standards for highly 
                skilled teachers of less commonly taught languages.
    (e) Research and Evaluation.--
            (1) In general.--A model program may not receive an 
        incentive grant under this section unless it includes a 
        research and evaluation component, under which--
                    (A) information is collected and analyzed regarding 
                the effectiveness of activities carried out under the 
                program, including--
                            (i) program design;
                            (ii) student and teacher recruitment 
                        strategies;
                            (iii) curricular approaches;
                            (iv) teacher development and proficiency 
                        levels; and
                            (v) foreign language assessment 
                        instruments;
                    (B) information is collected and analyzed regarding 
                the impact of each activity in subparagraph (A) on the 
                foreign language proficiency of the students;
                    (C) information is collected and analyzed regarding 
                program participation, including data on student 
                enrollments and numbers of foreign language teachers; 
                and
                    (D) the information collected, and the analyses of 
                that information, are made widely available to the 
                public.
            (2) Standardization.--The Secretary shall provide 
        guidelines to standardize the categories of information 
        collected and analyzed under paragraph (1) and the manner in 
        which that information is collected, analyzed, and made 
        available to the public.
    (f) Duration of Payments.--
            (1) Initial incentive grant.--An initial incentive grant 
        under this section shall be awarded to an eligible partnership 
        awarded for a period of 4 years.
            (2) Renewal incentive grants.--An eligible partnership that 
        received an initial incentive grant under this section may be 
        eligible for 2 additional 5-year awards under this section, but 
        only if the partnership demonstrates, based on nationally 
        recognized standardized foreign language assessments, that the 
        model program carried out with funds received under this 
        section is effective.
    (g) Matching Requirement.--
            (1) In general.--An eligible partnership that receives a 
        grant under this section shall provide, toward the cost of 
        carrying out the activities supported by the grant, from non-
        Federal sources an amount equal to not less than the applicable 
        percentage of the amount of the grant.
            (2) Applicable percentage.--For purposes of paragraph (1), 
        the term ``applicable percentage'' means--
                    (A) for the first fiscal year of the first grant 
                received under this section, 20 percent;
                    (B) for the second fiscal year of the first grant 
                received under this section, 30 percent;
                    (C) for the third fiscal year of the first grant 
                received under this section, 40 percent; and
                    (D) for the fourth fiscal year of the first grant 
                received under this section and for each fiscal year of 
                each succeeding grant received under this section, 50 
                percent.
            (3) Non-federal share.--The non-Federal share required 
        under paragraph (1) may be provided in cash or in kind.
            (4) Waiver.--The Secretary may waive, in whole or in part, 
        the matching requirement in paragraph (1) for any fiscal year 
        if--
                    (A) the eligible partnership demonstrates hardship 
                and the waiver will best serve the purposes of this 
                section; or
                    (B) the foreign language to which the model program 
                relates is a less commonly taught foreign language as 
                determined by the Secretary.
    (h) Supplement Not Supplant.--Grant funds provided under this 
section shall be used to supplement, not supplant, other Federal and 
non-Federal funds available to carry out the activities described in 
this section.
    (i) Data Collection, Analysis, Dissemination, and Technical 
Assistance.--
            (1) In general.--The Secretary may reserve not more than 3 
        percent of the total amount appropriated for this section for 
        any fiscal year to--
                    (A) annually collect and analyze data on the 
                programs under this section; and
                    (B) disseminate nationally, including through a 
                Web-based clearinghouse--
                            (i) aggregated data collected under 
                        subparagraph (A);
                            (ii) promising kindergarten through grade 
                        12 foreign language learning and teaching 
                        practices and successful program models 
                        developed under this section;
                            (iii) provide grant application technical 
                        assistance to prospective grantees through the 
                        website established under this subsection, 
                        including foreign language education resource 
                        information and contacts available at State and 
                        local educational agencies, institutions of 
                        higher education, and nonprofit educational 
                        organizations.
            (2) Collaboration.--The activities described in paragraph 
        (1) may be carried out by the Secretary directly or through 
        grants and contracts to institutions of higher education and 
        public and private nonprofit agencies and organizations.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000,000 to carry out this section for fiscal year 
2011 and such sums as may be necessary for each succeeding fiscal year.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Early foreign language program.--The term early foreign 
        language program means a foreign language program offered as 
        part of a prekindergarten program.
            (2) Eligible partnership.--
                    (A) In general.--The term ``eligible partnership'' 
                means a partnership that--
                            (i) shall include--
                                    (I) one or more local educational 
                                agencies or State educational agencies, 
                                or both; and
                                    (II) subject to subparagraph (B), 1 
                                or more institutions of higher 
                                education, where the institution has 
                                and may include in the partnership--
                                            (aa) a school, department, 
                                        or program within the 
                                        institution or institutions of 
                                        higher education that provides 
                                        a teacher preparation program;
                                            (bb) a school, department, 
                                        program, or center within the 
                                        institution or institutions of 
                                        higher education that provides 
                                        a program of study or research 
                                        in foreign languages; and
                                            (cc) a school, department, 
                                        program, or center within the 
                                        institution or institutions of 
                                        higher education that provides 
                                        programs of study about the 
                                        historic, geographic, cultural, 
                                        economic, and other contextual 
                                        factors of the world area or 
                                        country with populations who 
                                        speak the foreign language to 
                                        which the model program 
                                        relates; and
                            (ii) may also include 1 or more businesses, 
                        or nonprofit organizations with expertise in 
                        kindergarten through grade 12 language 
                        learning.
                    (B) Waiver.--The Secretary may waive the 
                requirement in subparagraph (A)(i)(II), if the 
                prospective grantee demonstrates the inability to 
                secure an institution of higher education as a partner 
                for the purposes of receiving a grant under section 5, 
                including as a remote, digitally connected partner, 
                after making a good faith effort to secure such 
                institution.
            (3) Advanced level of proficiency.--The term ``advanced 
        level of proficiency'' means the advanced level as measured by 
        the American Council on the Teaching of Foreign Languages, or 
        level 2 as measured by the Federal Interagency Language 
        Roundtable or by other nationally recognized measures of 
        advanced standards of proficiency.
            (4) Articulated.--The term ``articulated'' means that each 
        grade level of the foreign language program is designed to 
        sequentially expand on the student achievement of the previous 
        level with a goal toward achieving an established level of 
        language proficiency.
            (5) Heritage school.--The term ``heritage school'' means a 
        school that--
                    (A) offers foreign language instruction or 
                tutoring, and cultural education related to a foreign 
                country; and
                    (B) serves students who are enrolled, on a full-
                time basis, in a public or private elementary school or 
                secondary school that is not a heritage school.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given in 
        section 101 of the Higher Education Act of 1965.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
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