H. R. 6—222
such students at all such schools in the United States for such
year.
‘‘(c) REQUIREMENT.—The Secretary shall consider a program
to be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that provides
not less than 45 minutes of instruction in a foreign language not
less than four days per week throughout an academic year.
‘‘SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $35,000,000 for the
fiscal year 1995, and such sums as may be necessary for each
of the four succeeding fiscal years, to carry out this part, of which
not more than $20,000,000 may be used in each fiscal year to
carry out section 7205.
‘‘PART C—EMERGENCY IMMIGRANT
EDUCATION PROGRAM
‘‘SEC. 7301. 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 ade-
quately education services;
‘‘(3) in the case of Plyler v. Doe, the Supreme Court held
that States have a responsibility under the Equal Protection
Clause of the Constitution to educate all children, regardless
of immigration status; and
‘‘(4) 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. 7302. 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 7304 to pay the costs of performing such agency’s
administrative functions under this part.
‘‘SEC. 7303. 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
H. R. 6—223
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. 7304. 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 1995 through 1999 for the
purpose set forth in section 7301(b).
‘‘(b) ALLOCATIONS.—
‘‘(1) IN GENERAL.—Except as provided in subsections (c)
and (d), of the amount appropriated for each fiscal year for
this part, each State participating in the program assisted
under this part shall receive an allocation equal to the propor-
tion 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 deter-
mination 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
H. R. 6—224
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 children and youth.
‘‘(B) Funds reserved under this paragraph and not
made available under subparagraph (A) may be distributed
to local educational agencies within the State experiencing
a sudden influx of immigrant children and youth which
are otherwise not eligible for assistance under this part.
‘‘(2) USE OF GRANT FUNDS.—Each local educational agency
receiving a grant under paragraph (1) shall use such grant
funds to carry out the activities described in section 7307.
‘‘(3) INFORMATION.—Local educational agencies with the
highest number of immigrant children and youth receiving
funds under paragraph (1) may make information available
on serving immigrant children and youth to local educational
agencies in the State with sparse numbers of such children.
‘‘SEC. 7305. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency shall receive
any payment under this part for any fiscal year unless such agency
submits an application to the Secretary at such time, in such
manner, and containing or accompanied by such information, as
the Secretary may reasonably require. Each such application shall—
‘‘(1) provide that the educational programs, services, and
activities for which payments under this part are made will
be administered by or under the supervision of the agency;
‘‘(2) provide assurances that payments under this part will
be used for purposes set forth in sections 7301 and 7307,
including a description of how local educational agencies receiv-
ing funds under this part will use such funds to meet such
purposes and will coordinate with other programs assisted
under this Act, the Goals 2000: Educate America Act, and
other Acts as appropriate;
‘‘(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of such
funds with programs assisted under part A or title I;
‘‘(4) provide assurances that such payments, with the excep-
tion of payments reserved under section 7304(e), will be distrib-
uted among local educational agencies within that State on
the basis of the number of immigrant children and youth
H. R. 6—225
counted with respect to each such local educational agency
under section 7304(b)(1);
‘‘(5) provide assurances that the State educational agency
will not finally disapprove in whole or in part any application
for funds received under this part without first affording the
local educational agency submitting an application for such
funds reasonable notice and opportunity for a hearing;
‘‘(6) provide for making such reports as the Secretary may
reasonably require to perform the Secretary’s functions under
this part;
‘‘(7) provide assurances—
‘‘(A) that to the extent consistent with the number
of immigrant children and youth enrolled in the nonpublic
elementary or secondary schools within the district served
by a local educational agency, such agency, after consulta-
tion with appropriate officials of such schools, shall provide
for the benefit of such children and youth secular, neutral,
and nonideological services, materials, and equipment nec-
essary for the education of such children and youth;
‘‘(B) that the control of funds provided under this part
to any materials, equipment, and property repaired,
remodeled, or constructed with those funds shall be in
a public agency for the uses and purposes provided in
this part, and a public agency shall administer such funds
and property; and
‘‘(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public
agency or through contract by such public agency with
a person, association, agency, or corporation who or which,
in the provision of such services, is independent of such
nonpublic elementary or secondary school and of any reli-
gious organization, and such employment or contract shall
be under the control and supervision of such public agency,
and the funds provided under this paragraph shall not
be commingled with State or local funds;
‘‘(8) provide that funds reserved under subsection (e) of
section 7304 be awarded on a competitive basis based on merit
and need in accordance with such subsection; and
‘‘(9) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1120(b).
‘‘(b) APPLICATION REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall review all applica-
tions submitted pursuant to this section by State educational
agencies.
‘‘(2) APPROVAL.—The Secretary shall approve any applica-
tion submitted by a State educational agency that meets the
requirements of this section.
‘‘(3) DISAPPROVAL.—The Secretary shall disapprove any
application submitted by a State educational agency which
does not meet the requirements of this section, but shall not
finally disapprove an application except after providing reason-
able notice, technical assistance, and an opportunity for a hear-
ing to the State.
H. R. 6—226
‘‘SEC. 7306. ADMINISTRATIVE PROVISIONS.
‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 7305 of the amount
of such agency’s allocation under section 7304 for the succeeding
year.
‘‘(b) 
SERVICES
TO
CHILDREN
ENROLLED
IN
NONPUBLIC
SCHOOLS.—If by reason of any provision of law a local educational
agency is prohibited from providing educational services for children
enrolled in elementary and secondary nonpublic schools, as required
by section 7305(a)(7), or if the Secretary determines that a local
educational agency has substantially failed or is unwilling to provide
for the participation on an equitable basis of children enrolled
in such schools, the Secretary may waive such requirement and
shall arrange for the provision of services, subject to the require-
ments of this part, to such children. Such waivers shall be subject
to consultation, withholding, notice, and judicial review require-
ments in accordance with the provisions of title I.
‘‘SEC. 7307. USES OF FUNDS.
‘‘(a) USE
OF FUNDS.—Funds awarded under this part shall
be used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include—
‘‘(1) family literacy, parent outreach, and training activities
designed to assist parents to become active participants in
the education of their children;
‘‘(2) salaries of personnel, including teacher aides who have
been specifically trained, or are being trained, to provide serv-
ices to immigrant children and youth;
‘‘(3) tutorials, mentoring, and academic or career counseling
for immigrant children and youth;
‘‘(4) identification and acquisition of curricular materials,
educational software, and technologies to be used in the
program;
‘‘(5) basic instructional services which are directly attrib-
utable to the presence in the school district of immigrant chil-
dren, including the costs of providing additional classroom
supplies, overhead costs, costs of construction, acquisition or
rental of space, costs of transportation, or such other costs
as are directly attributable to such additional basic instruc-
tional services; and
‘‘(6) such other activities, related to the purposes of this
part, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that receives a
grant under this part may collaborate or form a consortium with
one or more local educational agencies, institutions of higher edu-
cation, and nonprofit organizations to carry out the program
described in an application approved under this part.
‘‘(c) SUBGRANTS.—A local educational agency that receives a
grant under this part may, with the approval of the Secretary,
make a subgrant to, or enter into a contract with, an institution
of higher education, a nonprofit organization, or a consortium of
such entities to carry out a program described in an application
approved under this part, including a program to serve out-of-
school youth.
‘‘(d) CONSTRUCTION.—Nothing in this part shall be construed
to prohibit a local educational agency from serving immigrant chil-
H. R. 6—227
dren simultaneously with students with similar educational needs,
in the same educational settings where appropriate.
‘‘SEC. 7308. REPORTS.
‘‘(a) BIENNIAL REPORT.—Each State educational agency receiv-
ing funds under this part shall submit, once every two years,
a report to the Secretary concerning the expenditure of funds by
local educational agencies under this part. Each local educational
agency receiving funds under this part shall submit to the State
educational agency such information as may be necessary for such
report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall submit, once
every two years, a report to the appropriate committees of the
Congress concerning programs assisted under this part in accord-
ance with section 14701.
‘‘SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are authorized
to be appropriated $100,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the four succeeding fiscal
years.
‘‘PART D—ADMINISTRATION
‘‘SEC. 7401. RELEASE TIME.
‘‘The Secretary shall allow professional development programs
funded under part A to use funds provided under part A for profes-
sional release time to enable individuals to participate in programs
assisted under part A.
‘‘SEC. 7402. EDUCATION TECHNOLOGY.
‘‘Funds made available under part A may be used to provide
for the acquisition or development of education technology or
instructional materials, including authentic materials in languages
other than English, access to and participation in electronic net-
works for materials, training and communications, and incorpora-
tion of such resources in curricula and programs such as those
funded under this title.
‘‘SEC. 7403. NOTIFICATION.
‘‘The State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within three
working days of the date an award under part A is made to
an eligible entity within the State.
‘‘SEC. 7404. CONTINUED ELIGIBILITY.
‘‘Entities receiving grants under this title shall remain eligible
for grants for subsequent activities which extend or expand and
do not duplicate those activities supported by a previous grant
under this title. In considering applications for grants under this
title, the Secretary shall take into consideration the applicant’s
record of accomplishments under previous grants under this title.
‘‘SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.
‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited-English proficiency, the Secretary
shall coordinate and ensure close cooperation with other programs
H. R. 6—228
serving language-minority and limited English proficient students
that are administered by the Department and other agencies. The
Secretary shall consult with the Secretary of Labor, the Secretary
of Health and Human Services, the Secretary of Agriculture, the
Attorney General and the heads of other relevant agencies to iden-
tify and eliminate barriers to appropriate coordination of programs
that affect language-minority and limited English proficient stu-
dents and their families. The Secretary shall provide for continuing
consultation and collaboration, between the Office and relevant
programs operated by the Department, including programs under
title I and other programs under this Act, in planning, contracts,
providing joint technical assistance, providing joint field monitoring
activities and in other relevant activities to ensure effective program
coordination to provide high quality education opportunities to all
language-minority and limited English proficient students.
‘‘(b) DATA.—The Secretary shall, to the extent feasible, ensure
that all data collected by the Department shall include the collection
and reporting of data on limited English proficient students.
‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish
and disseminate all requests for proposals for programs funded
under part A.
‘‘(d) REPORT.—The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary
and to the Committee on Labor and Human Resources of the
Senate and to the Committee on Education and Labor of the House
of Representatives a report on—
‘‘(1) the activities carried out under this title and the
effectiveness of such activities in improving the education pro-
vided to limited English proficient children and youth;
‘‘(2) a critical synthesis of data reported by the States
pursuant to section 7134;
‘‘(3) an estimate of the number of certified bilingual edu-
cation personnel in the field and an estimate of the number
of bilingual education teachers which will be needed for the
succeeding five fiscal years;
‘‘(4) the major findings of research carried out under this
title; and
‘‘(5) recommendations for further developing the capacity
of our Nation’s schools to educate effectively limited English
proficient students.
‘‘PART E—GENERAL PROVISIONS
‘‘SEC. 7501. DEFINITIONS; REGULATIONS.
‘‘Except as otherwise provided, for purposes of this title—
‘‘(1) BILINGUAL EDUCATION PROGRAM.—The term ‘bilingual
education program’ means an educational program for limited
English proficient students that—
‘‘(A) makes instructional use of both English and a
student’s native language;
‘‘(B) enables limited English proficient students to
achieve English proficiency and academic mastery of sub-
ject matter content and higher order skills, including criti-
cal thinking, so as to meet age-appropriate grade-promotion
and graduation standards in concert with the National
Education Goals;
H. R. 6—229
‘‘(C) may also develop the native language skills of
limited English proficient students, or ancestral languages
of American Indians, Alaska Natives, Native Hawaiians
and native residents of the outlying areas; and
‘‘(D) may include the participation of English-proficient
students if such program is designed to enable all enrolled
students to become proficient in English and a second
language.
‘‘(2) CHILDREN AND YOUTH.—The term ‘children and youth’
means individuals aged 3 through 21.
‘‘(3) COMMUNITY-BASED ORGANIZATION.—The term ‘commu-
nity-based organization’ means a private nonprofit organization
of demonstrated effectiveness or Indian tribe or tribally sanc-
tioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in the
community. Such term includes Native Hawaiian organizations
including Native Hawaiian Educational Organizations as such
term is defined in section 4009 of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School Improve-
ment Amendments of 1988 (20 U.S.C. 4901 et seq.), as such
Act was in effect on the day preceding the date of enactment
of the Improving America’s Schools Act of 1994.
‘‘(4) COMMUNITY COLLEGE.—The term ‘community college’
means an institution of higher education as defined in section
1201(a) of the Higher Education Act of 1965 which provides
not less than a two-year program which is acceptable for full
credit toward a bachelor’s degree, including institutions receiv-
ing assistance under the Tribally Controlled Community Col-
lege Assistance Act of 1978.
‘‘(5) DIRECTOR.—The term ‘Director’ means the Director
of the Office of Bilingual Education and Minority Languages
Affairs established under section 210 of the Department of
Education Organization Act.
‘‘(6) FAMILY EDUCATION PROGRAM.—(A) The term ‘family
education program’ means a bilingual education or special alter-
native instructional program that—
‘‘(i) is designed—
‘‘(I) to help limited English proficient adults and
out-of-school youths achieve proficiency in the English
language; and
‘‘(II) to provide instruction on how parents and
family members can facilitate the educational achieve-
ment of their children;
‘‘(ii) when feasible, uses instructional programs such
as the models developed under the Even Start Family
Literacy Programs, which promote adult literacy and train
parents to support the educational growth of their children
and the Parents as Teachers Program and the Home
Instruction Program for Preschool Youngsters; and
‘‘(iii) gives preference to participation by parents and
immediate family members of children attending school.
‘‘(B) Such term may include programs that provide instruc-
tion to facilitate higher education and employment outcomes.
‘‘(7) 
IMMIGRANT
CHILDREN
AND
YOUTH.—The 
term
‘immigrant children and youth’ means individuals who—
‘‘(A) are aged 3 through 21;
H. R. 6—230
‘‘(B) were not born in any State; and
‘‘(C) have not been attending one or more schools in
any one or more States for more than three full academic
years.
‘‘(8) LIMITED ENGLISH PROFICIENCY AND LIMITED ENGLISH
PROFICIENT.—The terms ‘limited English proficiency’ and ‘lim-
ited English proficient’, when used with reference to an individ-
ual, mean an individual—
‘‘(A) who—
‘‘(i) was not born in the United States or whose
native language is a language other than English and
comes from an environment where a language other
than English is dominant; or
‘‘(ii) is a Native American or Alaska Native or
who is a native resident of the outlying areas and
comes from an environment where a language other
than English has had a significant impact on such
individual’s level of English language proficiency; or
‘‘(iii) is migratory and whose native language is
other than English and comes from an environment
where a language other than English is dominant;
and
‘‘(B) who has sufficient difficulty speaking, reading,
writing, or understanding the English language and whose
difficulties may deny such individual the opportunity to
learn successfully in classrooms where the language of
instruction is English or to participate fully in our society.
‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—
The terms ‘Native American’ and ‘Native American language’
shall have the same meaning given such terms in section 103
of the Native American Languages Act of 1990.
‘‘(10) NATIVE
HAWAIIAN
OR
NATIVE
AMERICAN
PACIFIC
ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The
term ‘Native Hawaiian or Native American Pacific Islander
native language educational organization’ means a nonprofit
organization with a majority of its governing board and employ-
ees consisting of fluent speakers of the traditional Native Amer-
ican languages used in their educational programs and with
not less than five years successful experience in providing edu-
cational services in traditional Native American languages.
‘‘(11) NATIVE LANGUAGE.—The term ‘native language’, when
used with reference to an individual of limited-English pro-
ficiency, means the language normally used by such individual,
or in the case of a child or youth, the language normally
used by the parents of the child or youth.
‘‘(12) OFFICE.—The term ‘Office’ means the Office of Bilin-
gual Education and Minority Languages Affairs.
‘‘(13) OTHER PROGRAMS FOR PERSONS OF LIMITED-ENGLISH
PROFICIENCY.—The term ‘other programs for persons of limited-
English proficiency’ means any programs administered by the
Secretary that serve persons of limited-English proficiency.
‘‘(14) 
PARAPROFESSIONAL.—The 
term 
‘paraprofessional’
means an individual who is employed in preschool, elementary
or secondary school under the supervision of a certified or
licensed teacher, including individuals employed in bilingual
education, special education and migrant education.