I 
118TH CONGRESS 
1ST SESSION H. R. 3138 
To amend the Elementary and Secondary Education Act of 1965 to provide 
for additional activities, resources, and data collection with respect to 
English learners, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2023 
Mr. ESPAILLAT (for himself, Ms. NORTON, Ms. CLARKE of New York, Ms. 
SA´NCHEZ, Ms. VELA´ZQUEZ, Mr. MCGOVERN, and Mr. CONNOLLY) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to provide for additional activities, resources, 
and data collection with respect to English learners, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ESEA AMENDMENTS. 
(a) IMPROVING THE ACADEMIC ACHIEVEMENT OF 
THE DISADVANTAGED.—Section 1111(h)(1)(C) of the El-
ementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(h)(1)(C)) is amended— 
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(1) by redesignating clause (xiv) as clause (xv); 
and 
(2) by inserting after clause (xiii) the following: 
‘‘(xiv) Statistics on the racial, ethnic, 
gender, and linguistic diversity of the ele-
mentary and secondary school teachers 
working in the State.’’. 
(b) LANGUAGE INSTRUCTION FOR ENGLISH LEARN-
ERS AND IMMIGRANT CHILDREN AND YOUTH.— 
(1) PURPOSES OF THE ENGLISH LANGUAGE AC-
QUISITION, LANGUAGE
ENHANCEMENT, AND
ACA-
DEMIC ACHIEVEMENT ACT.—Section 3102(2) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6812(2)) is amended to read as follows: 
‘‘(2) to assist all English learners, including im-
migrant children and youth— 
‘‘(A) to achieve at high levels in academic 
subjects so that all English learners can meet 
the same challenging State academic standards 
that all children are expected to meet; and 
‘‘(B) to the extent practicable, in a manner 
that does not separate English learners from 
students who are not English learners;’’. 
(2) STATE AND SPECIALLY QUALIFIED AGENCY 
PLANS.—Section 3113(b) of the Elementary and 
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Secondary Education Act of 1965 (20 U.S.C. 
6823(b)(8)) is amended— 
(A) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (8)(B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) describe how the agency will monitor the 
progress of students who are former English learn-
ers and ensure that such students are continuing to 
meet the challenging State academic standards.’’. 
(3) AUTHORIZED
SUBGRANTEE
ACTIVITIES.— 
Section 3115(d) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6825(d)) is 
amended— 
(A) in paragraph (6)— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) to increase the access of English 
learners and immigrant children and youth and 
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their parents to legal, educational, and financial 
resources and social services; and 
‘‘(D) to implement best practices aligned 
with evidence-based research to uplift English 
learners and immigrant children and youth.’’; 
(B) in paragraph (7)— 
(i) by striking ‘‘and’’ at the end of 
subparagraph (B); 
(ii) by redesignating subparagraph 
(C) as subparagraph (D); 
(iii) in subparagraph (D), as so redes-
ignated, by striking ‘‘and (B)’’ and insert-
ing ‘‘, (B), and (C)’’; and 
(iv) by inserting after subparagraph 
(B) the following: 
‘‘(C) culturally competent and responsive 
training to educators, school administrators, 
counselors, social workers, and psychologists 
with respect to how to best support English 
learners and immigrant children and youth; 
and’’; 
(C) by redesignating paragraph (9) as 
paragraph (10); and 
(D) by inserting after paragraph (8) the 
following: 
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‘‘(9) Supporting and advocating for the develop-
ment of policies that improve educational outcomes 
for English learners and immigrant children and 
youth, regardless of immigration status.’’. 
(4) ACTIVITIES
BY
AGENCIES
EXPERIENCING 
SUBSTANTIAL INCREASES IN IMMIGRANT CHILDREN 
AND YOUTH.—Section 3115(e)(1)(G) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6825(e)(1)(G)) is amended by striking the 
period at the end and inserting ‘‘, including services 
that provide for the assessment of State and local 
laws (including with respect to immigration and edu-
cation) that impact English learners and immigrant 
children and youth and the notification of such par-
ents and families of such laws.’’. 
(5) ACCOUNTABILITY AND ADMINISTRATION.— 
Section 3121(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6841(a)) is 
amended— 
(A) in paragraph (2), by inserting ‘‘, eth-
nicity, race, and native language’’ before the 
semicolon; 
(B) in paragraph (3), by inserting ‘‘in the 
aggregate and disaggregated, at a minimum, by 
English learners with a disability, ethnicity, 
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race, and native language’’ before the semi-
colon; 
(C) in paragraph (4), by inserting ‘‘in the 
aggregate and disaggregated, at a minimum, by 
English learners with a disability, ethnicity, 
race, and native language’’ before the semi-
colon; 
(D) in paragraph (5), by inserting ‘‘, eth-
nicity, race, and native language’’ before the 
semicolon; and 
(E) in paragraph (6), by inserting ‘‘in the 
aggregate and disaggregated, at a minimum, by 
English learners with a disability, ethnicity, 
race, and native language’’ before the semi-
colon. 
Æ 
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