H. R. 6—209
type and whose language and grade levels are of a similar
type to those which the program is intended to address, after
consultation with appropriate private school officials, provision
has been made for the participation of such children on a
basis comparable to that provided for public school children;
‘‘(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited English pro-
ficient students, and that limited English proficient students
who are disabled are identified and served in accordance with
the requirements of the Individuals with Disabilities Education
Act;
‘‘(4) Federal funds made available for the project or activity
will be used so as to supplement the level of State and local
funds that, in the absence of such Federal funds, would have
been expended for special programs for children of limited
English proficient individuals and in no case to supplant such
State and local funds, except that nothing in this paragraph
shall be construed to preclude a local educational agency from
using funds under this title for activities carried out under
an order of a court of the United States or of any State respect-
ing services to be provided such children, or to carry out a
plan approved by the Secretary as adequate under title VI
of the Civil Rights Act of 1964 with respect to services to
be provided such children;
‘‘(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to
provide a program on a regular basis, similar to that proposed
for assistance, which will be of sufficient size, scope, and quality
to promise significant improvement in the education of students
of limited-English proficiency, and that the applicant will have
the resources and commitment to continue the program when
assistance under this subpart is reduced or no longer available;
and
‘‘(6) the applicant provides for utilization of the State and
national dissemination sources for program design and in
dissemination of results and products.
‘‘(i) PRIORITIES AND SPECIAL RULES.—
‘‘(1) PRIORITY.—The Secretary shall give priority to applica-
tions which provide for the development of bilingual proficiency
both in English and another language for all participating
students.
‘‘(2) SPECIAL
ALTERNATIVE
INSTRUCTIONAL
PROGRAM.—
Grants for special alternative instructional programs under
this subpart shall not exceed 25 percent of the funds provided
for any type of grant under any section, or of the total funds
provided, under this subpart for any fiscal year.
‘‘(3) SPECIAL RULE.—Notwithstanding paragraph (2), the
Secretary may award grants under this subpart for special
alternative instructional programs if an applicant has dem-
onstrated that the applicant cannot develop and implement
a bilingual education program for the following reasons:
‘‘(A) Where the diversity of the limited English pro-
ficient students’ native languages and the small number
of students speaking each respective language makes bilin-
gual education impractical.
‘‘(B) Where, despite documented efforts, the applicant
has not been able to hire qualified instructional personnel
H. R. 6—210
who are able to communicate in the students’ native lan-
guage.
‘‘(4) CONSIDERATION.—In approving applications under this
subpart, the Secretary shall give consideration to the degree
to which the program for which assistance is sought involves
the collaborative efforts of institutions of higher education,
community-based organizations, the appropriate local and State
educational agency, or businesses.
‘‘(5) DUE CONSIDERATION.—The Secretary shall give due
consideration to applications providing training for personnel
participating in or preparing to participate in the program
which will assist such personnel in meeting State and local
certification requirements and that, to the extent possible,
describe how college or university credit will be awarded for
such training.
‘‘SEC. 7117. INTENSIFIED INSTRUCTION.
‘‘In carrying out this subpart, each grant recipient may intensify
instruction for limited English proficient students by—
‘‘(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
‘‘(2) expanding the use of professional and volunteer aids;
‘‘(3) applying technology to the course of instruction; and
‘‘(4) providing intensified instruction through supple-
mentary instruction or activities, including educationally
enriching extracurricular activities, during times when school
is not routinely in session.
‘‘SEC. 7118. CAPACITY BUILDING.
‘‘Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient’s capacity to continue
to offer high-quality bilingual and special alternative education
programs and services to children and youth of limited-English
proficiency once Federal assistance is reduced or eliminated.
‘‘SEC. 7119. SUBGRANTS.
‘‘A local educational agency that receives a grant under this
subpart 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 an approved program, including a program to serve out-of-
school youth.
‘‘SEC. 7120. PRIORITY ON FUNDING.
‘‘The Secretary shall give priority to applications under this
subpart that describe a program that—
‘‘(1) enrolls a large percentage or large number of limited
English proficient students;
‘‘(2) takes into account significant increases in limited Eng-
lish proficient children and youth, including such children and
youth in areas with low concentrations of such children and
youth; and
‘‘(3) ensures that activities assisted under this subpart
address the needs of school systems of all sizes and geographic
areas, including rural and urban schools.
H. R. 6—211
‘‘SEC. 7121. COORDINATION WITH OTHER PROGRAMS.
‘‘In order to secure the most flexible and efficient use of Federal
funds, any State receiving funds under this subpart shall coordinate
its program with other programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, in accordance
with section 14306.
‘‘SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
‘‘Programs authorized under this part that serve Native Amer-
ican children, Native Pacific Island children, and children in the
Commonwealth of Puerto Rico, notwithstanding any other provision
of this part, may include programs of instruction, teacher training,
curriculum development, evaluation, and testing designed for Native
American children and youth learning and studying Native Amer-
ican languages and children and youth of limited-Spanish pro-
ficiency, except that one outcome of such programs serving Native
American children shall be increased English proficiency among
such children.
‘‘SEC. 7123. EVALUATIONS.
‘‘(a) EVALUATION.—Each recipient of funds under this subpart
shall provide the Secretary with an evaluation, in the form pre-
scribed by the Secretary, of such recipient’s program every two
years.
‘‘(b) USE OF EVALUATION.—Such evaluation shall be used by
a grant recipient—
‘‘(1) for program improvement;
‘‘(2) to further define the program’s goals and objectives;
and
‘‘(3) to determine program effectiveness.
‘‘(c) EVALUATION COMPONENTS.—Evaluations shall include—
‘‘(1) how students are achieving the State student perform-
ance standards, if any, including data comparing children and
youth of limited-English proficiency with nonlimited English
proficient children and youth with regard to school retention,
academic achievement, and gains in English (and, where
applicable, native language) proficiency;
‘‘(2) program implementation indicators that provide
information for informing and improving program management
and effectiveness, including data on appropriateness of curricu-
lum in relationship to grade and course requirements, appro-
priateness of program management, appropriateness of the
program’s staff professional development, and appropriateness
of the language of instruction;
‘‘(3) program context indicators that describe the relation-
ship of the activities funded under the grant to the overall
school program and other Federal, State, or local programs
serving children and youth of limited English proficiency; and
‘‘(4) such other information as the Secretary may require.
‘‘SEC. 7124. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit a local
educational agency from serving limited English proficient children
and youth simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
H. R. 6—212
‘‘Subpart 2—Research, Evaluation, and
Dissemination
‘‘SEC. 7131. AUTHORITY.
‘‘(a) IN GENERAL.—The Secretary is authorized to conduct data
collection, dissemination, research, and ongoing program evaluation
activities in accordance with the provisions of this subpart for
the purpose of improving bilingual education and special alternative
instruction programs for children and youth of limited English
proficiency.
‘‘(b) COMPETITIVE AWARDS.—Research and program evaluation
activities carried out under this subpart shall be supported through
competitive grants, contracts and cooperative agreements awarded
institutions of higher education, nonprofit organizations, and State
and local educational agencies.
‘‘(c) ADMINISTRATION.—The Secretary shall conduct data collec-
tion, dissemination, and ongoing program evaluation activities
authorized by this subpart through the Office of Bilingual Education
and Minority Language Affairs.
‘‘SEC. 7132. RESEARCH.
‘‘(a) ADMINISTRATION.—The Secretary shall conduct research
activities authorized by this subpart through the Office of Edu-
cational Research and Improvement in coordination and collabora-
tion with the Office of Bilingual Education and Minority Language
Affairs.
‘‘(b) REQUIREMENTS.—Such research activities—
‘‘(1) shall have a practical application to teachers, coun-
selors, paraprofessionals, school administrators, parents, and
others involved in improving the education of limited English
proficient students and their families;
‘‘(2) may include research on effective instructional prac-
tices for multilingual classes, and on effective instruction strate-
gies to be used by teachers and other staff who do not know
the native language of a limited English proficient child or
youth in their classrooms;
‘‘(3) may include establishing (through the National Center
for Education Statistics in consultation with experts in bilingual
education, second language acquisition, and English-as-a-sec-
ond-language) a common definition of ‘limited English proficient
student’ for purposes of national data collection; and
‘‘(4) shall be administered by individuals with expertise
in bilingual education and the needs of limited English pro-
ficient students and their families.
‘‘(c) FIELD-INITIATED RESEARCH.—
‘‘(1) IN
GENERAL.—The Secretary shall reserve not less
than 5 percent of the funds made available to carry out this
section for field-initiated research conducted by current or
recent recipients of grants under subpart 1 or 2 who have
received such grants within the previous five years. Such
research may provide for longitudinal studies of students or
teachers in bilingual education, monitoring the education of
such students from entry in bilingual education through second-
ary school completion.
‘‘(2) APPLICATIONS.—Applicants for assistance under this
subsection may submit an application for such assistance to
the Secretary at the same time as applications are submitted