H. R. 1—292
‘‘(6) the eligible entity will use State and national dissemi-
nation sources for program design and dissemination of results
and products.
‘‘(i) CONSIDERATION.—In determining whether to approve an
application under this subpart, the Secretary shall give consider-
ation to—
‘‘(1) the degree to which the program for which assistance
is sought involves the collaborative efforts of institutions of
higher education, community-based organizations, the appro-
priate local educational agency and State educational agency,
or businesses; and
‘‘(2) whether the application provides for training for per-
sonnel participating in, or preparing to participate in, a pro-
gram that will assist such personnel in meeting State and
local certification requirements.
‘‘SEC. 3215. 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 language instruction educational programs and
special alternative instruction programs to limited English pro-
ficient children after Federal assistance is reduced or eliminated.
‘‘SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
‘‘Notwithstanding any other provision of this part, programs
authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and children
in the Commonwealth of Puerto Rico may include programs of
instruction, teacher training, curriculum development, evaluation,
and assessment designed for Native American children learning
and studying Native American languages and children of limited
Spanish proficiency, except that an outcome of programs serving
such children shall be increased English proficiency among such
children.
‘‘SEC. 3217. EVALUATIONS.
‘‘(a) EVALUATION.—Each recipient of funds under this subpart
for a program shall annually conduct an evaluation of the program
and submit to the Secretary a report concerning the evaluation,
in the form prescribed by the Secretary.
‘‘(b) USE OF EVALUATION.—Such evaluation shall be used by
the grant recipient—
‘‘(1) for program improvement;
‘‘(2) to further define the program’s goals and objectives;
and
‘‘(3) to determine program effectiveness.
‘‘(c) EVALUATION
REPORT
COMPONENTS.—In preparing the
evaluation reports, the recipient shall—
‘‘(1) use the data provided in the application submitted
by the recipient under section 3214 as baseline data against
which to report academic achievement and gains in English
proficiency for children in the program;
‘‘(2) disaggregate the results of the evaluation by gender,
native languages spoken by children, socioeconomic status, and
whether the children have disabilities;
‘‘(3) include data on the progress of the recipient in
achieving the objectives of the program, including data dem-
onstrating the extent to which children served by the program
H. R. 1—293
are meeting the challenging State academic content and student
academic achievement standards, and including data comparing
limited English proficient children with English proficient chil-
dren with regard to school retention and academic achievement
concerning—
‘‘(A) reading and language arts;
‘‘(B) English proficiency;
‘‘(C) mathematics; and
‘‘(D) the native language of the children, if the program
develops native language proficiency;
‘‘(4) include information on the extent that professional
development activities carried out through the program have
resulted in improved classroom practices and improved student
academic achievement;
lude a description of how the activities carried out through
the program are coordinated and integrated with the other
Federal, State, or local programs serving limited English pro-
ficient children; and
‘‘(6) include such other information as the Secretary may
require.
‘‘SEC. 3218. CONSTRUCTION.
‘‘Nothing in this subpart shall be construed to prohibit a local
educational agency from serving limited English proficient children
simultaneously with children with similar educational needs, in
the same educational settings where appropriate.
‘‘Subpart 2—Research, Evaluation, and
Dissemination
‘‘SEC. 3221. 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 language instruction educational programs
and special alternative instruction programs for limited English
proficient children.
‘‘(b) COMPETITIVE AWARDS.—Research and program evaluation
activities carried out under this subpart shall be supported through
competitive grants, contracts, and cooperative agreements awarded
to institutions of higher education, nonprofit organizations, State
educational agencies, 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 English Language
Acquisition, Language Enhancement, and Academic Achievement
for Limited English Proficient Students.
‘‘SEC. 3222. 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 English Language Acquisition, Language
Enhancement, and Academic Achievement for Limited English Pro-
ficient Students.
‘‘(b) REQUIREMENTS.—Such research activities—
H. R. 1—294
‘‘(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 children and their families;
‘‘(2) may include research on effective instruction practices
for multilingual classes, and on effective instruction strategies
to be used by a teacher or other staff member who does not
know the native language of a limited English proficient child
in the teacher’s or staff member’s classroom;
‘‘(3) may include establishing (through the National Center
for Education Statistics in consultation with experts in second
language acquisition and scientifically based research on
teaching limited English proficient children) a common defini-
tion of ‘limited English proficient child’ for purposes of national
data collection; and
‘‘(4) shall be administered by individuals with expertise
in second language acquisition, scientifically based research
on teaching limited English proficient children, and the needs
of limited English proficient children 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 recipients of
grants under subpart 1 or this subpart who have received
such grants within the previous 5 years. Such research may
provide for longitudinal studies of limited English proficient
children or teachers who serve such children, monitoring the
education of such children from entry into language instruction
educational programs through secondary school completion.
‘‘(2) APPLICATIONS.—An applicant for assistance under this
subsection may submit an application for such assistance to
the Secretary at the same time as the applicant submits another
application under subpart 1 or this subpart. The Secretary
shall complete a review of such applications on a timely basis
to allow the activities carried out under research and program
grants to be coordinated when recipients are awarded two
or more of such grants.
‘‘(d) CONSULTATION.—The Secretary shall consult with agencies,
organizations, and individuals that are engaged in research and
practice on the education of limited English proficient children,
language instruction educational programs, or related research, to
identify areas of study and activities to be funded under this section.
‘‘(e) DATA COLLECTION.—The Secretary shall provide for the
collection of data on limited English proficient children as part
of the data systems operated by the Department.
‘‘SEC. 3223. ACADEMIC EXCELLENCE AWARDS.
‘‘(a) AUTHORITY.—The Secretary may make grants to State
educational agencies to assist the agencies in recognizing local
educational agencies and other public and nonprofit entities whose
programs have—
‘‘(1) demonstrated significant progress in assisting limited
English proficient children to learn English according to age
appropriate and developmentally appropriate standards; and
‘‘(2) demonstrated significant progress in assisting limited
English proficient children to meet, according to age appropriate
H. R. 1—295
and developmentally appropriate standards, the same chal-
lenging State academic content and student academic achieve-
ment standards as all children are expected to meet.
‘‘(b) APPLICATIONS.—A State educational agency desiring a
grant under this section shall include an application for such grant
in the application submitted by the agency under section 3224(e).
‘‘SEC. 3224. STATE GRANT PROGRAM.
‘‘(a) STATE GRANT PROGRAM.—The Secretary is authorized to
make an award to a State educational agency that demonstrates,
to the satisfaction of the Secretary, that such agency, through
such agency’s programs and other Federal education programs,
effectively provides for the education of limited English proficient
children within the State.
‘‘(b) PAYMENTS.—The amount paid to a State educational agency
under subsection (a) shall not exceed 5 percent of the total amount
awarded to local educational agencies and entities within the State
under subpart 1 for the previous fiscal year, except that in no
case shall the amount paid by the Secretary to any State educational
agency under this subsection for any fiscal year be less than
$100,000.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency shall use
funds awarded under this section—
‘‘(A) to assist local educational agencies in the State
with activities that—
‘‘(i) consist of program design, capacity building,
assessment of student academic achievement, program
evaluation, and development of data collection and
accountability systems for limited English proficient
children; and
‘‘(ii) are aligned with State reform efforts; and
‘‘(B) to collect data on the State’s limited English pro-
ficient populations and document the services available
to all such populations.
‘‘(2) TRAINING.—The State educational agency may also
use funds provided under this section for the training of State
educational agency personnel in educational issues affecting
limited English proficient children.
‘‘(3) SPECIAL RULE.—Recipients of funds under this section
shall not restrict the provision of services under this section
to federally funded programs.
‘‘(d) STATE
CONSULTATION.—A State educational agency
receiving funds under this section shall consult with recipients
of grants under this subpart and other individuals or organizations
involved in the development or operation of programs serving lim-
ited English proficient children to ensure that such funds are used
in a manner consistent with the requirements of this subpart.
‘‘(e) APPLICATIONS.—A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary at such time, in such form, and containing such
information and assurances as the Secretary may require.
‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made avail-
able under this section for any fiscal year shall be used by the
State educational agency to supplement and, to the extent practical,
to increase the State funds that, in the absence of such Federal
H. R. 1—296
funds, would be made available for the purposes described in this
section, and in no case to supplant such State funds.
‘‘(g) REPORT TO THE SECRETARY.—A State educational agency
receiving an award under this section shall provide for the annual
submission of a summary report to the Secretary describing such
State’s use of the funds made available through the award.
‘‘SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary may make grants for the
development, publication, and dissemination of high-quality instruc-
tion materials—
‘‘(1) in Native American languages (including Native
Hawaiian languages and the language of Native American
Pacific Islanders), and the language of natives of the outlying
areas, for which instruction materials are not readily available;
and
‘‘(2) in other low-incidence languages in the United States
for which instruction materials are not readily available.
‘‘(b) PRIORITY.—In making the grants, the Secretary shall give
priority to applicants for the grants who propose—
‘‘(1) to develop instruction materials in languages indige-
nous to the United States or the outlying areas; and
‘‘(2) to develop and evaluate materials, in collaboration
with entities carrying out activities assisted under subpart
1 and this subpart, that are consistent with challenging State
academic content and student academic achievement standards.
‘‘Subpart 3—Professional Development
‘‘SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to provide assist-
ance to prepare educators to improve educational services for limited
English proficient children by—
‘‘(1) supporting professional development programs and
activities to prepare teachers, pupil service personnel, adminis-
trators, and other educational personnel working in language
instruction educational programs to provide effective services
to limited English proficient children;
‘‘(2) incorporating curricula and resources concerning
appropriate and effective instruction and assessment meth-
odologies specific to limited English proficient children into
preservice and inservice professional development programs;
‘‘(3) upgrading the qualifications and skills of non-certified
educational personnel, including paraprofessionals, to enable
such personnel to meet high professional standards for edu-
cating limited English proficient children;
‘‘(4) improving the quality of professional development pro-
grams in schools or departments of education at institutions
of higher education, for educational personnel serving, or pre-
paring to serve, limited English proficient children; and
‘‘(5) supporting the recruitment and training of prospective
educational personnel to serve limited English proficient chil-
dren by providing fellowships for undergraduate, graduate, doc-
toral, and post-doctoral study related to the instruction of such
children.
‘‘(b) AUTHORIZATION.—
H. R. 1—297
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants under this section to—
‘‘(A) State educational agencies;
‘‘(B) local educational agencies;
‘‘(C) institutions of higher education; or
‘‘(D) consortia of one or more local educational agencies,
State educational agencies, institutions of higher education,
for-profit organizations, or nonprofit organizations.
‘‘(2) DURATION.—Each grant awarded under this section
shall be awarded for a period of not more than 4 years.
‘‘(c) AUTHORIZED ACTIVITIES.—Grants awarded under this sec-
tion shall be used to conduct high-quality professional development
programs and effective activities to improve the quality of instruc-
tion and services provided to limited English proficient children,
including—
‘‘(1) implementing preservice and inservice professional
development programs for teachers who serve limited English
proficient children, administrators, and other educational per-
sonnel who are preparing to provide educational services for
limited English proficient children, including professional
development programs that assist limited English proficient
children to attain English proficiency;
‘‘(2) implementing school-based collaborative efforts among
teachers to improve instruction in core academic subjects, espe-
cially reading, for limited English proficient children;
‘‘(3) developing and implementing programs to assist begin-
ning teachers who serve limited English proficient children
with transitioning to the teaching profession, including pro-
grams that provide mentoring and team teaching with trained
and experienced teachers;
‘‘(4) implementing programs that support effective teacher
use of education technologies to improve instruction and assess-
ment;
‘‘(5) developing curricular materials and assessments for
teachers that are appropriate to the needs of limited English
proficient children, and that are aligned with challenging State
academic content and student academic achievement standards,
including materials and assessments that ensure limited
English proficient children attain English proficiency;
‘‘(6) integrating and coordinating activities with entities
carrying out other programs consistent with the purpose of
this section and supported under this Act, or other Acts as
appropriate;
‘‘(7) developing and implementing career ladder programs
to upgrade the qualifications and skills of non-certified edu-
cational personnel working in, or preparing to work in, language
instruction educational programs to enable such personnel to
meet high professional standards, including standards for cer-
tification and licensure as teachers;
‘‘(8) developing and implementing activities to help recruit
and train secondary school students as teachers who serve
limited English proficient children;
‘‘(9) providing fellowships and assistance for costs related
to enrollment in a course of study at an institution of higher
education that addresses the instruction of limited English
proficient children in such areas as teacher training, program
H. R. 1—298
administration, research, evaluation, and curriculum develop-
ment, and for the support of dissertation research related to
such study, except that any person receiving such a fellowship
or assistance shall agree to—
‘‘(A) work in an activity related to improving the edu-
cational services for limited English proficient children
authorized under this subpart, including work as a teacher
that serves limited English proficient children, for a period
of time equivalent to the period of time during which
such person receives assistance under this paragraph; or
‘‘(B) repay such assistance; and
‘‘(10) carrying out such other activities as are consistent
with the purpose of this section.
‘‘(d) APPLICATION.—
‘‘(1) IN
GENERAL.—Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such form, and containing such information
as the Secretary may require.
‘‘(2) CONTENTS.—Each application shall—
‘‘(A) describe the programs and activities proposed to
be developed, implemented, and administered under the
award;
‘‘(B) describe how the applicant has consulted with,
and assessed the needs of, public and private schools
serving limited English proficient children to determine
such schools’ need for, and the design of, the program
for which funds are sought; and
‘‘(C) describe how the programs and activities to be
carried out under the award will be used to ensure that
limited English proficient children meet challenging State
academic content and student academic achievement stand-
ards and attain English proficiency.
‘‘(3) SPECIAL
RULE.—An eligible entity that proposes to
conduct a master’s-level or doctoral-level program with funds
received under this section shall include in the entity’s applica-
tion an assurance that such program will include a training
practicum in a local elementary school or secondary school
program serving limited English proficient children.
‘‘(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary
shall provide for outreach and technical assistance to institu-
tions of higher education eligible for assistance under title
III of the Higher Education Act of 1965, and institutions of
higher education that are operated or funded by the Bureau
of Indian Affairs, to facilitate the participation of such institu-
tions in programs and activities under this section.
‘‘(5) DISTRIBUTION RULE.—In making awards under this
section, the Secretary shall ensure adequate representation
of Hispanic-serving institutions that demonstrate competence
and experience in carrying out the programs and activities
authorized under this section and that are otherwise qualified.
‘‘(e) PRIORITIES IN AWARDING GRANTS.—
‘‘(1) GRANTS TO AGENCIES.—In awarding grants to State
educational agencies and local educational agencies under this
section, the Secretary shall give priority to agencies that pro-
pose programs and activities designed to implement profes-
sional development programs for teachers and educational per-
sonnel who are providing or preparing to provide educational
H. R. 1—299
services for limited English proficient children, including serv-
ices provided through language instruction educational pro-
grams, that ensure such children attain English proficiency
and meet challenging State academic content and student aca-
demic achievement standards.
‘‘(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In
awarding grants to institutions of higher education under this
section, the Secretary shall give priority to institutions that
propose programs and activities to recruit and upgrade the
qualifications and skills of certified and non-certified edu-
cational personnel by offering degree programs that prepare
beginning teachers to serve limited English proficient children.
‘‘(f) PROGRAM EVALUATIONS.—Each recipient of an award under
this section for a program or activity shall annually conduct an
independent evaluation of the program or activity and submit to
the Secretary a report containing such evaluation. Such report
shall include information on—
‘‘(1) the program or activity conducted by the recipient
to provide high-quality professional development to participants
in such program or activity;
‘‘(2) the number of participants served through the program
or activity, the number of participants who completed the
requirements of the program or activity, and the number of
participants who took positions in an instruction setting with
limited English proficient children;
‘‘(3) the effectiveness of the program or activity in imparting
the professional skills necessary for participants to achieve
the objectives of the program or activity; and
‘‘(4) the teaching effectiveness of graduates of the program
or activity or other participants who have completed the pro-
gram or activity.
‘‘Subpart 4—Emergency Immigrant Education
Program
‘‘SEC. 3241. PURPOSE.
‘‘The purpose of this subpart is to assist eligible local edu-
cational agencies that experience unexpectedly large increases in
their student population due to immigration—
‘‘(1) to provide high-quality instruction to immigrant chil-
dren and youth; and
‘‘(2) to help such children and youth—
‘‘(A) with their transition into American society; and
‘‘(B) meet the same challenging State academic content
and student academic achievement standards as all chil-
dren are expected to meet.
‘‘SEC. 3242. STATE ADMINISTRATIVE COSTS.
‘‘For any fiscal year, a State educational agency may reserve
not more than 1.5 percent (2 percent if the State educational agency
distributes funds received under this subpart to local educational
agencies on a competitive basis) of the amount allotted to such
agency under section 3244 to pay the costs of performing such
agency’s administrative functions under this subpart.
H. R. 1—300
‘‘SEC. 3243. 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 comply with a requirement of any provision
of this subpart, the Secretary shall notify that agency that further
payments will not be made to the agency under this subpart or,
in the discretion of the Secretary, that the State educational agency
shall not make further payments under this subpart 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 payments shall be made to the State educational agency
under this subpart, or payments by the State educational agency
under this subpart 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. 3244. STATE ALLOTMENTS.
‘‘(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 2002 through 2008 for the
purpose set forth in section 3241.
‘‘(b) ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in subsections (c)
and (d), of the amount appropriated for each fiscal year for
this subpart, each State participating in the program assisted
under this subpart shall receive an allotment equal to the
proportion of the number of immigrant children and youth
who are enrolled in public elementary schools or secondary
schools under the jurisdiction of each local educational agency
described in paragraph (2), and in nonpublic elementary schools
or secondary schools within the district served by each such
local educational agency within such State, relative to the total
number of immigrant children and youth so enrolled in all
the States participating in the program assisted under this
subpart.
‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency referred to in paragraph (1) is a local edu-
cational agency for which the sum of the number of immigrant
children and youth who are enrolled in public elementary
schools or secondary schools under the jurisdiction of such
agency, and in nonpublic elementary schools or secondary
schools within the district served by such agency, during the
fiscal year for which the payments are to be made under
this subpart, is equal to at least—
‘‘(A) 500; or
‘‘(B) 3 percent of the total number of children enrolled
in such public or nonpublic schools during such fiscal year,
whichever 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
H. R. 1—301
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 allotment under this section
that such State would otherwise have received had such deter-
mination been made on the basis of accurate data.
‘‘(d) REALLOTMENT.—
‘‘(1) IN GENERAL.—Whenever the Secretary determines that
any amount of a payment made to a State under this subpart
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 make such amount available for carrying out such purpose
to one or more other States to the extent the Secretary deter-
mines that such other States will be able to use such additional
amount for carrying out such purpose.
‘‘(2) FISCAL YEAR.—Any amount made available to a State
from any appropriation for a fiscal year in accordance with
paragraph (1) shall, for purposes of this subpart, be regarded
as part of such State’s payment (as determined under sub-
section (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 subpart, if the amount appropriated to carry out this
subpart exceeds $50,000,000 for a fiscal year, a State edu-
cational agency may reserve not more than 20 percent of such
agency’s payment under this subpart for such year to award
grants, on a competitive basis, to local educational agencies
within the State as follows:
‘‘(A) 
AGENCIES
WITH
IMMIGRANT
CHILDREN
AND
YOUTH.—At least 1⁄2 of the funds reserved under this para-
graph 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) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN
AND YOUTH.—Funds reserved under this paragraph and
not made available under subparagraph (A) may be distrib-
uted to local educational agencies within the State that
are experiencing a sudden influx of immigrant children
and youth and that are otherwise not eligible for assistance
under this subpart.
‘‘(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 3247.
‘‘(3) INFORMATION.—Local educational agencies receiving
funds under paragraph (1) with the highest number of
immigrant children and youth may make information available
on serving immigrant children and youth to local educational
agencies in the State with sparse numbers of such children
and youth.
‘‘SEC. 3245. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency shall receive
any payment under this subpart for any fiscal year unless such
H. R. 1—302
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 subpart are made
will be administered by or under the supervision of the agency;
‘‘(2) provide assurances that payments under this subpart
will be used for purposes set forth in sections 3241 and 3247,
including a description of how local educational agencies
receiving funds under this subpart will use such funds to meet
such purposes and will coordinate with entities carrying out
other programs and activities assisted under this Act, and
other Acts as appropriate;
‘‘(3) provide an assurance that local educational agencies
receiving funds under this subpart will coordinate the use
of such funds with entities carrying out programs and activities
assisted under part A of title I;
‘‘(4) provide assurances that such payments, with the excep-
tion of payments reserved under section 3244(e), will be distrib-
uted among local educational agencies within that State on
the basis of the number of immigrant children and youth
counted with respect to each such local educational agency
under section 3244(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 subpart 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 subpart;
‘‘(7) provide assurances—
‘‘(A) that to the extent consistent with the number
of immigrant children and youth enrolled in the nonpublic
elementary schools or secondary schools within the district
served by a local educational agency, such agency, after
consultation with appropriate officials of such schools, shall
provide for the benefit of such children and youth secular,
neutral, and nonideological services, materials, and equip-
ment necessary for the education of such children and
youth;
‘‘(B) that the control of funds provided under this sub-
part for any materials or equipment, or property repaired,
remodeled, or constructed with those funds shall be in
a public agency for the uses and purpose provided in this
subpart, 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 school or secondary school and of
any religious organization, and such employment or con-
tract shall be under the control and supervision of such
H. R. 1—303
public agency, and the funds provided under this paragraph
shall not be commingled with State or local funds;
‘‘(8) provide that funds reserved under section 3244(e) be
awarded on a competitive basis based on merit and need in
accordance with such section; and
‘‘(9) provide an assurance that the State educational agency
and local educational agencies in the State receiving funds
under this subpart 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 that does
not meet the requirements of this section, but shall not finally
disapprove an application except after providing reasonable
notice, technical assistance, and an opportunity for a hearing
to the State educational agency.
‘‘SEC. 3246. 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 3245 of the amount
of such agency’s allotment under section 3244 for the succeeding
year.
‘‘(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED
IN NONPUBLIC SCHOOLS.—If by reason of any provision of law
a local educational agency is prohibited from providing educational
services for immigrant children and youth enrolled in nonpublic
elementary schools and secondary schools, as required by section
3245(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 such children and youth
enrolled in such schools, the Secretary may waive such requirement
and shall arrange for the provision of services, subject to the
requirements of this subpart, to such children and youth. Such
waivers shall be subject to consultation, withholding, notice, and
judicial review requirements in accordance with the provisions of
title I.
‘‘SEC. 3247. USES OF FUNDS.
‘‘(a) USE OF FUNDS.—Funds awarded under this subpart 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) support 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;
H. R. 1—304
‘‘(5) the provision of basic instruction services that are
directly attributable to the presence in the school district of
immigrant children and youth, including payment of costs of
providing additional classroom supplies, costs of transportation,
or such other costs as are directly attributable to such addi-
tional basic instruction services; and
‘‘(6) such other activities, related to the purpose of this
subpart, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that receives a
grant under this subpart may collaborate or form a consortium
with one or more local educational agencies, institutions of higher
education, and nonprofit organizations to carry out a program
described in an application approved under this subpart.
‘‘(c) 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 institutions or organizations to carry out a program described
in an application approved under this subpart, including a program
to serve out-of-school youth.
‘‘(d) CONSTRUCTION.—Nothing in this subpart shall be construed
to prohibit a local educational agency from serving immigrant chil-
dren and youth simultaneously with children and youth with similar
educational needs, in the same educational settings where appro-
priate.
‘‘SEC. 3248. REPORTS.
‘‘(a) 
BIENNIAL
REPORT.—Each 
State 
educational 
agency
receiving funds under this subpart shall submit, once every 2 years,
a report to the Secretary concerning the expenditure of funds by
local educational agencies under this subpart. Each local edu-
cational agency receiving funds under this subpart shall submit
to the State educational agency such information as may be nec-
essary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall submit, once
every 2 years, a report to the appropriate committees of Congress
concerning programs assisted under this subpart.
‘‘Subpart 5—Administration
‘‘SEC. 3251. RELEASE TIME.
‘‘The Secretary shall allow entities carrying out professional
development programs funded under this part to use funds provided
under this part for professional release time to enable individuals
to participate in programs assisted under this part.
‘‘SEC. 3252. NOTIFICATION.
‘‘A State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within 3
working days after the date an award under this part is made
to an eligible entity within the State.
‘‘SEC. 3253. COORDINATION 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
serving language-minority and limited English proficient children
H. R. 1—305
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
identify and eliminate barriers to appropriate coordination of pro-
grams that affect language-minority and limited English proficient
children and their families. The Secretary shall provide for con-
tinuing consultation and collaboration, between the Office of English
Language Acquisition, Language Enhancement, and Academic
Achievement for Limited English Proficient Students and relevant
programs operated by the Department, including programs under
this part 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 educational opportunities to
all language-minority and limited English proficient children.
‘‘(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 children.
‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish
and disseminate all requests for proposals for programs funded
under this part.
‘‘(d) REPORT.—The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary,
the Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate a report—
‘‘(1) on programs and activities carried out to serve limited
English proficient children under this part, and the effective-
ness of such programs and activities in improving the academic
achievement and English proficiency of children who are limited
English proficient;
‘‘(2) containing a critical synthesis of data reported by
States under section 3224, when applicable;
‘‘(3) containing an estimate of the number of certified or
licensed teachers working in language instruction educational
programs and educating limited English proficient children,
and an estimate of the number of such teachers that will
be needed for the succeeding 5 fiscal years;
‘‘(4) containing the major findings of scientifically based
research carried out under this part; and
‘‘(5) containing other information gathered from the reports
submitted to the Secretary under this title when applicable.
‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 3301. DEFINITIONS.
‘‘Except as otherwise provided, in this title:
‘‘(1) CHILD.—The term ‘child’ means any individual aged
3 through 21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The term ‘commu-
nity-based organization’ means a private nonprofit organization
of demonstrated effectiveness, Indian tribe, or tribally sanc-
tioned educational authority, that is representative of a commu-
nity or significant segments of a community and that provides
educational or related services to individuals in the community.
H. R. 1—306
Such term includes a Native Hawaiian or Native American
Pacific Islander native language educational organization.
‘‘(3) COMMUNITY COLLEGE.—The term ‘community college’
means an institution of higher education as defined in section
101 of the Higher Education Act of 1965 that provides not
less than a 2-year program that is acceptable for full credit
toward a bachelor’s degree, including institutions receiving
assistance under the Tribally Controlled College or University
Assistance Act of 1978.
‘‘(4) DIRECTOR.—The term ‘Director’ means the Director
of the Office of English Language Acquisition, Language
Enhancement, and Academic Achievement for Limited English
Proficient Students established under section 209 of the Depart-
ment of Education Organization Act.
‘‘(5) FAMILY EDUCATION PROGRAM.—The term ‘family edu-
cation program’ means a language instruction educational pro-
gram or special alternative instruction program that—
‘‘(A) is designed—
‘‘(i) to help limited English proficient adults and
out-of-school youths achieve English proficiency; and
‘‘(ii) to provide instruction on how parents and
family members can facilitate the educational achieve-
ment of their children;
‘‘(B) when feasible, uses instructional programs based
on models developed under the Even Start Family Literacy
Programs, which promote adult literacy and train parents
to support the educational growth of their children, the
Parents as Teachers Program, and the Home Instruction
Program for Preschool Youngsters; and
‘‘(C) gives preference to participation by parents and
immediate family members of children attending school.
‘‘(6) 
IMMIGRANT
CHILDREN
AND
YOUTH.—The 
term
‘immigrant children and youth’ means individuals who—
‘‘(A) are aged 3 through 21;
‘‘(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 3 full academic
years.
‘‘(7) INDIAN
TRIBE.—The term ‘Indian tribe’ means any
Indian tribe, band, nation, or other organized group or commu-
nity, including any Native village or Regional Corporation or
Village Corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act, that is recognized
as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians.
‘‘(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The
term ‘language instruction educational program’ means an
instruction course—
‘‘(A) in which a limited English proficient child is placed
for the purpose of developing and attaining English pro-
ficiency, while meeting challenging State academic content
and student academic achievement standards, as required
by section 1111(b)(1); and
‘‘(B) that may make instructional use of both English
and a child’s native language to enable the child to develop
and attain English proficiency, and may include the partici-
pation of English proficient children if such course is
H. R. 1—307
designed to enable all participating children to become
proficient in English and a second language.
‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—
The terms ‘Native American’ and ‘Native American language’
shall have the meanings given such terms in section 103 of
the Native American Languages Act.
‘‘(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) a majority of its governing board and employees
consisting of fluent speakers of the traditional Native
American languages used in the organization’s educational
programs; and
‘‘(B) not less than 5 years successful experience in
providing educational services in traditional Native Amer-
ican languages.
‘‘(11) NATIVE LANGUAGE.—The term ‘native language’, when
used with reference to an individual of limited English pro-
ficiency, means—
‘‘(A) the language normally used by such individual;
or
‘‘(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
‘‘(12) 
PARAPROFESSIONAL.—The 
term 
‘paraprofessional’
means an individual who is employed in a preschool, elementary
school, or secondary school under the supervision of a certified
or licensed teacher, including individuals employed in language
instruction educational programs, special education, and
migrant education.
‘‘(13) SPECIALLY QUALIFIED AGENCY.—The term ‘specially
qualified agency’ means an eligible entity, as defined in section
3141, in a State whose State educational agency—
‘‘(A) does not participate in a program under subpart
1 of part A for a fiscal year; or
‘‘(B) submits a plan (or any amendment to a plan)
that the Secretary, after reasonable notice and opportunity
for a hearing, determines does not satisfy the requirements
of such subpart.
‘‘(14) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
‘‘(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The
term ‘tribally sanctioned educational authority’ means—
‘‘(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; and
‘‘(B) any nonprofit institution or organization that is—
‘‘(i) chartered by the governing body of an Indian
tribe to operate a school described in section 3112(a)
or otherwise to oversee the delivery of educational
services to members of the tribe; and
‘‘(ii) approved by the Secretary for the purpose
of carrying out programs under subpart 1 of part A
for individuals served by a school described in section
3112(a).
H. R. 1—308
‘‘SEC. 3302. PARENTAL NOTIFICATION.
‘‘(a) IN GENERAL.—Each eligible entity using funds provided
under this title to provide a language instruction educational pro-
gram shall, not later than 30 days after the beginning of the
school year, inform a parent or the parents of a limited English
proficient child identified for participation in, or participating in,
such program of—
‘‘(1) the reasons for the identification of their child as
limited English proficient and in need of placement in a lan-
guage instruction educational program;
‘‘(2) the child’s level of English proficiency, how such level
was assessed, and the status of the child’s academic achieve-
ment;
‘‘(3) the method of instruction used in the program in
which their child is, or will be, participating, and the methods
of instruction used in other available programs, including how
such programs differ in content, instruction goals, and use
of English and a native language in instruction;
‘‘(4) how the program in which their child is, or will be
participating will meet the educational strengths and needs
of the child;
‘‘(5) how such program will specifically help their child
learn English, and meet age appropriate academic achievement
standards for grade promotion and graduation;
‘‘(6) the specific exit requirements for such program, the
expected rate of transition from such program into classrooms
that are not tailored for limited English proficient children,
and the expected rate of graduation from secondary school
for such program if funds under this title are used for children
in secondary schools;
‘‘(7) in the case of a child with a disability, how such
program meets the objectives of the individualized education
program of the child; and
‘‘(8) information pertaining to parental rights that includes
written guidance—
‘‘(A) detailing—
‘‘(i) the right that parents have to have their child
immediately removed from such program upon their
request; and
‘‘(ii) the options that parents have to decline to
enroll their child in such program or to choose another
program or method of instruction, if available; and
‘‘(B) assisting parents in selecting among various pro-
grams and methods of instruction, if more than one pro-
gram or method is offered by the eligible entity.
‘‘(b) SEPARATE NOTIFICATION.—In addition to providing the
information required to be provided under subsection (a), each
eligible entity that is using funds provided under this title to
provide a language instruction educational program, and that has
failed to make progress on the annual measurable achievement
objectives described in section 3122 for any fiscal year for which
part A is in effect, shall separately inform a parent or the parents
of a child identified for participation in such program, or partici-
pating in such program, of such failure not later than 30 days
after such failure occurs.
‘‘(c) RECEIPT OF INFORMATION.—The information required to
be provided under subsections (a) and (b) to a parent shall be
H. R. 1—352
from any sums that the United States or the agencies or
instrumentalities of the United States owe to the person against
whom the penalty is assessed.
‘‘(5) PETITION
FOR
REVIEW.—Any person aggrieved by a
penalty assessed or an order issued, or both, by the Secretary
under this section may file a petition for judicial review of
the order with the United States Court of Appeals for the
District of Columbia Circuit or for any other circuit in which
the person resides or transacts business. Such person shall
provide a copy of the petition to the Secretary or the Secretary’s
designee. The petition shall be filed within 30 days after the
Secretary’s assessment or order, or both, are final and have
been provided to such person by certified mail. The Secretary
shall promptly provide to the court a certified copy of the
transcript of any hearing held under this section and a copy
of the notice or order.
‘‘(6) FAILURE TO COMPLY.—If a person fails to pay an assess-
ment of a civil penalty or comply with an order, after the
assessment or order, or both, are final under this section,
or after a court has entered a final judgment under paragraph
(5) in favor of the Secretary, the Attorney General, at the
request of the Secretary, shall recover the amount of the civil
penalty (plus interest at prevailing rates from the day the
assessment or order, or both, are final) or enforce the order
in an action brought in the appropriate district court of the
United States. In such action, the validity and appropriateness
of the penalty or order or the amount of the penalty shall
not be subject to review.
‘‘SEC. 4304. PREEMPTION.
‘‘Nothing in this part is intended to preempt any provision
of law of a State or political subdivision of a State that is more
restrictive than a provision of this part.’’.
TITLE V—PROMOTING INFORMED PA-
RENTAL CHOICE AND INNOVATIVE
PROGRAMS
SEC. 501. INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVI-
SIONS.
Title V (20 U.S.C. 7201 et seq.) is amended to read as follows:
‘‘TITLE V—PROMOTING INFORMED PA-
RENTAL CHOICE AND INNOVATIVE
PROGRAMS
‘‘PART A—INNOVATIVE PROGRAMS
‘‘SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.
‘‘(a) PURPOSES.—The purposes of this part are the following:
‘‘(1) To support local education reform efforts that are con-
sistent with and support statewide education reform efforts.
H. R. 1—449
‘‘SEC. 5618. AMOUNT.
‘‘From amounts made available to carry out this subpart for
a fiscal year, not less than two-thirds of such amount shall be
used to carry out the activities described in section 5613(b)(1).’’.
SEC. 502. CONTINUATION OF AWARDS.
(a) IN GENERAL.—Notwithstanding any other provision of this
Act or the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), in the case of any agency or consortium
that was awarded a grant under section 5111 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7211) or any
person or agency that was awarded a contract or grant under
part B, D, or E of title X of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.),
prior to the date of enactment of this Act, the Secretary of Education
shall continue to provide funds in accordance with the terms of
such award until the date on which the award period terminates
under such terms.
(b) SPECIAL RULE.—Notwithstanding any other provision of this
Act, any person or agency that was awarded or entered into a
grant, contract, or cooperative agreement under part B of title
V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7231 et seq.), prior to the date of enactment of this Act
shall continue to receive funds in accordance with the terms of
such grant, contract, or agreement until the date on which the
grant, contract, or agreement period terminates under such terms.
TITLE VI—FLEXIBILITY AND
ACCOUNTABILITY
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.
Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:
‘‘TITLE VI—FLEXIBILITY AND
ACCOUNTABILITY
‘‘PART A—IMPROVING ACADEMIC
ACHIEVEMENT
‘‘Subpart 1—Accountability
‘‘SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVI-
TIES.
‘‘The Secretary shall make grants to States to enable the
States—
‘‘(1) to pay the costs of the development of the additional
State assessments and standards required by section 1111(b),
which may include the costs of working in voluntary partner-
ships with other States, at the sole discretion of each such
State; and
‘‘(2) if a State has developed the assessments and standards
required by section 1111(b), to administer those assessments
or to carry out other activities described in this subpart and
other activities related to ensuring that the State’s schools
H. R. 1—455
‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY
‘‘SEC. 6141. STATE FLEXIBILITY.
‘‘(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in
this chapter, the Secretary shall, on a competitive basis, grant
flexibility authority to not more than seven eligible State edu-
cational agencies, under which the agencies may consolidate and
use funds in accordance with section 6142.
‘‘(b) DEFINITIONS.—In this chapter:
‘‘(1) ELIGIBLE
STATE
EDUCATIONAL
AGENCY.—The term
‘eligible State educational agency’ means a State educational
agency that—
‘‘(A) submits an approvable application under sub-
section (c); and
‘‘(B) proposes performance agreements—
‘‘(i) that shall be entered into with not fewer than
4, and not more than 10, local educational agencies;
‘‘(ii) not fewer than half of which shall be entered
into with high-poverty local educational agencies; and
‘‘(iii) that require the local educational agencies
described in clause (i) to align their use of consolidated
funds under section 6152 with the State educational
agency’s use of consolidated funds under section 6142.
‘‘(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The term
‘high-poverty local educational agency’ means a local edu-
cational agency for which 20 percent or more of the children
who are age 5 through 17, and served by the local educational
agency, are from families with incomes below the poverty line.
‘‘(c) STATE APPLICATIONS.—
‘‘(1) APPLICATIONS.—To be eligible to receive flexibility
authority under this chapter, 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, including—
‘‘(A) information demonstrating, to the satisfaction of
the Secretary, that the grant of authority offers substantial
promise of—
‘‘(i) assisting the State educational agency in
making adequate yearly progress, as defined under
section 1111(b)(2); and
‘‘(ii) aligning State and local reforms and assisting
the local educational agencies that enter into perform-
ance agreements with the State educational agency
under paragraph (2) in making such adequate yearly
progress;
‘‘(B) the performance agreements that the State edu-
cational agency proposes to enter into with eligible local
educational agencies under paragraph (2);
‘‘(C) information demonstrating that the State edu-
cational agency has consulted with and involved parents,
representatives of local educational agencies, and other
educators in the development of the terms of the grant
of authority;
‘‘(D) a provision specifying that the grant of flexibility
authority shall be for a term of not more than 5 years;
‘‘(E) a list of the programs described in section 6142(b)
that are included in the scope of the grant of authority;
H. R. 1—456
‘‘(F) a provision specifying that no requirements of
any program described in section 6142(b) and included
by a State educational agency in the scope of the grant
of authority shall apply to that agency, except as otherwise
provided in this chapter;
‘‘(G) a 5-year plan describing how the State educational
agency intends to consolidate and use the funds from pro-
grams included in the scope of the grant of authority,
for any educational purpose authorized under this Act,
in order to make adequate yearly progress and advance
the education priorities of the State and the local edu-
cational agencies with which the State educational agency
enters into performance agreements;
‘‘(H) an assurance that the State educational agency
will provide parents, teachers, and representatives of local
educational agencies and schools with notice and an oppor-
tunity to comment on the proposed terms of the grant
of authority;
‘‘(I) an assurance that the State educational agency,
and the local educational agencies with which the State
educational agency enters into performance agreements,
will use fiscal control and fund accounting procedures that
will ensure proper disbursement of, and accounting for,
Federal funds consolidated and used under the grant of
authority;
‘‘(J) an assurance that the State educational agency,
and the local educational agencies with which the State
educational agency enters into performance agreements,
will meet the requirements of all applicable Federal civil
rights laws in carrying out the grant of authority, including
consolidating and using funds under the grant of authority;
‘‘(K) an assurance that, in consolidating and using
funds under the grant of authority—
‘‘(i) the State educational agency, and the local
educational agencies with which the State educational
agency enters into performance agreements, will pro-
vide for the equitable participation of students and
professional staff in private schools consistent with
section 9501; and
‘‘(ii) that sections 9502, 9503, and 9504 shall apply
to all services and assistance provided with such funds
in the same manner as such sections apply to services
and assistance provided in accordance with section
9501;
‘‘(L) an assurance that the State educational agency
will, for the duration of the grant of authority, use funds
consolidated under section 6142 only to supplement the
amount of funds that would, in the absence of those Federal
funds, be made available from non-Federal sources for the
education of students participating in programs assisted
with the consolidated funds, and not to supplant those
funds; and
‘‘(M) an assurance that the State educational agency
shall, not later than 1 year after the date on which the
Secretary makes the grant of authority, and annually there-
after during the term of the grant of authority, disseminate
widely to parents and the general public, transmit to the
H. R. 1—472
‘‘SEC. 6224. ACCOUNTABILITY.
‘‘(a) STATE
REPORT.—Each State educational agency that
receives a grant under this subpart shall prepare and submit an
annual report to the Secretary. The report shall describe—
‘‘(1) the method the State educational agency used to award
grants to eligible local educational agencies, and to provide
assistance to schools, under this subpart;
‘‘(2) how local educational agencies and schools used funds
provided under this subpart; and
‘‘(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 6223.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each specially
qualified agency that receives a grant under this subpart shall
provide an annual report to the Secretary. Such report shall
describe—
‘‘(1) how such agency uses funds provided under this sub-
part; and
‘‘(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 6223.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a biennial report. The report
shall describe—
‘‘(1) the methods the State educational agencies used to
award grants to eligible local educational agencies, and to pro-
vide assistance to schools, under this subpart;
local educational agencies and schools used funds provided
under this subpart; and
‘‘(3) the degree to which progress has been made toward
meeting the goals and objectives described in the applications
submitted under section 6223.
‘‘(d) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local edu-
cational agency or specially qualified agency that receives a grant
under this subpart for a fiscal year shall administer an assessment
that is consistent with section 1111(b)(3).
‘‘(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.—
Each State educational agency or specially qualified agency that
receives a grant under this subpart shall—
‘‘(1) after the third year that a local educational agency
or specially qualified agency in the State receives funds under
this subpart, and on the basis of the results of the assessments
described in subsection (d)—
‘‘(A) in the case of a local educational agency, determine
whether the local educational agency made adequate yearly
progress, as described in section 1111(b)(2); and
‘‘(B) in the case of a specially qualified agency, submit
to the Secretary information that would allow the Secretary
to determine whether the specially qualified agency has
made adequate yearly progress, as described in section
1111(b)(2);
‘‘(2) permit only those local educational agencies or specially
qualified agencies that made adequate yearly progress, as
described in section 1111(b)(2), to continue to receive grants
under this subpart; and
H. R. 1—518
‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means
any individual who is—
‘‘(A) a citizen of the United States; and
‘‘(B) a descendant of the aboriginal people who, prior
to 1778, occupied and exercised sovereignty in the area
that now comprises the State of Hawaii, as evidenced by—
‘‘(i) genealogical records;
‘‘(ii) Kupuna (elders) or Kamaaina (long-term
community residents) verification; or
‘‘(iii) certified birth records.
‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—
The term ‘Native Hawaiian community-based organization’
means any organization that is composed primarily of Native
Hawaiians from a specific community and that assists in the
social, cultural, and educational development of Native Hawai-
ians in that community.
‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The
term ‘Native Hawaiian educational organization’ means a pri-
vate nonprofit organization that—
‘‘(A) serves the interests of Native Hawaiians;
‘‘(B) has Native Hawaiians in substantive and policy-
making positions within the organization;
‘‘(C) incorporates Native Hawaiian perspective, values,
language, culture, and traditions into the core function
of the organization;
‘‘(D) has demonstrated expertise in the education of
Native Hawaiian youth; and
‘‘(E) has demonstrated expertise in research and pro-
gram development.
‘‘(4) NATIVE
HAWAIIAN
LANGUAGE.—The term ‘Native
Hawaiian language’ means the single Native American lan-
guage indigenous to the original inhabitants of the State of
Hawaii.
‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native
Hawaiian organization’ means a private nonprofit organization
that—
‘‘(A) serves the interests of Native Hawaiians;
‘‘(B) has Native Hawaiians in substantive and policy-
making positions within the organization; and
‘‘(C) is recognized by the Governor of Hawaii for the
purpose of planning, conducting, or administering programs
(or portions of programs) for the benefit of Native Hawai-
ians.
‘‘(6) OFFICE
OF
HAWAIIAN
AFFAIRS.—The term ‘Office of
Hawaiian Affairs’ means the Office of Hawaiian Affairs estab-
lished by the Constitution of the State of Hawaii.
‘‘PART C—ALASKA NATIVE EDUCATION
‘‘SEC. 7301. SHORT TITLE.
‘‘This part may be cited as the ‘Alaska Native Educational
Equity, Support, and Assistance Act’.
‘‘SEC. 7302. FINDINGS.
‘‘Congress finds and declares the following:
H. R. 1—549
‘‘(i)(I) by local educational agencies (on behalf of
those agencies and schools) to State educational agen-
cies; and
‘‘(II) by State educational agencies (on behalf of,
and based on the requests of, local educational agen-
cies) to the Secretary; or
‘‘(ii) by Indian tribes (on behalf of schools operated
by the tribes) to the Secretary.
‘‘(3) GENERAL REQUIREMENTS.—
‘‘(A) STATE
EDUCATIONAL
AGENCIES.—In the case of
a waiver request submitted by a State educational agency
acting on its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local educational agencies
in the State with notice and a reasonable opportunity
to comment on the request;
‘‘(ii) submit the comments to the Secretary; and
‘‘(iii) provide notice and information to the public
regarding the waiver request in the manner in which
the applying agency customarily provides similar
notices and information to the public.
‘‘(B) LOCAL
EDUCATIONAL
AGENCIES.—In the case of
a waiver request submitted by a local educational agency
that receives funds under this Act—
‘‘(i) the request shall be reviewed by the State
educational agency and be accompanied by the com-
ments, if any, of the State educational agency; and
‘‘(ii) notice and information regarding the waiver
request shall be provided to the public by the agency
requesting the waiver in the manner in which that
agency customarily provides similar notices and
information to the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive under this
section any statutory or regulatory requirements relating to—
‘‘(1) the allocation or distribution of funds to States, local
educational agencies, or other recipients of funds under this
Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
‘‘(5) equitable participation of private school students and
teachers;
‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirement for a charter school under subpart
1 of part B of title V;
‘‘(9) the prohibitions regarding—
‘‘(A) State aid in section 9522;
‘‘(B) use of funds for religious worship or instruction
in section 9505; and
‘‘(C) activities in section 9526; or
‘‘(10) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that the
Secretary may grant a waiver to allow a school attendance
area or school to participate in activities under part A of title
I if the percentage of children from low-income families in
H. R. 1—550
the school attendance area or who attend the school is not
more than 10 percentage points below the lowest percentage
of those children for any school attendance area or school
of the local educational agency that meets the requirements
of subsections (a) and (b) of section 1113.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a waiver approved by the Secretary under this section may
be for a period not to exceed 4 years.
‘‘(2) EXTENSION.—The Secretary may extend the period
described in paragraph (1) if the Secretary determines that—
‘‘(A) the waiver has been effective in enabling the State
or affected recipient to carry out the activities for which
the waiver was requested and the waiver has contributed
to improved student achievement; and
‘(B) the extension is in the public interest.
‘‘(e) REPORTS.—
‘‘(1) LOCAL
WAIVER.—A local educational agency that
receives a waiver under this section shall, at the end of the
second year for which a waiver is received under this section
and each subsequent year, submit a report to the State edu-
cational agency that—
‘‘(A) describes the uses of the waiver by the agency
or by schools;
‘‘(B) describes how schools continued to provide assist-
ance to the same populations served by the programs for
which waivers were granted; and
‘‘(C) evaluates the progress of the agency and of schools
in improving the quality of instruction or the academic
achievement of students.
‘‘(2) STATE
WAIVER.—A State educational agency that
receives reports required under paragraph (1) shall annually
submit a report to the Secretary that is based on those reports
and contains such information as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives
a waiver under this section shall annually submit a report
to the Secretary that—
‘‘(A) describes the uses of the waiver by schools oper-
ated by the tribe; and
‘‘(B) evaluates the progress of those schools in
improving the quality of instruction or the academic
achievement of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002
and for each subsequent year, the Secretary shall submit to
the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report—
‘‘(A) summarizing the uses of waivers by State edu-
cational agencies, local educational agencies, Indian tribes,
and schools; and
‘‘(B) describing whether the waivers—
‘‘(i) increased the quality of instruction to students;
or
‘‘(ii) improved the academic achievement of stu-
dents.
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate
a waiver under this section if the Secretary determines, after notice
H. R. 1—564
to and redesignated as part N of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994.
(b) SECTIONS.—Section 13401 of such part is redesignated as
section 1031.
(c) DEFINED TERMS.—Part N of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (as
transferred and redesignated by this section) is amended by adding
at the end the following new section:
‘‘SEC. 1032. DEFINED TERMS.
‘‘In this part, the definitions of terms defined in section 9101
of the Elementary and Secondary Education Act of 1965 shall
apply.’’.
SEC. 1025. CONFORMING AMENDMENTS.
(a) PARTS K THROUGH M.—Parts K through M of the Edu-
cational Research, Development, Dissemination, and Improvement
Act of 1994 (as transferred and redesignated by sections 1021
through 1024 of this Act) are amended as follows:
(1) Insert ‘‘of such Act’’ in—
(A) section 1002(a)(1)(A), after ‘‘title I’’; and
(B) section 1002(a)(1)(B), after ‘‘section 1114’’.
(2) Insert ‘‘of the Elementary and Secondary Education
Act of 1965 (as such Act was in effect on the day before
the date of enactment of the No Child Left Behind Act of
2001)’’ in—
(A) sections 1001(a)(2)(A) and 1011(e)(1), after ‘‘title
I’’;
(B) sections 1002(b)(1) and section 1011(g)(3)(A), after
‘‘section 1114’’; and
(C) in section 1011(e)(3), after ‘‘title III’’.
(3) In section 1011(a)(1), strike ‘‘(hereafter referred to in
this Act as ‘NDN’)’’.
(4) In subsections (c) and (g)(1) of section 1011 and in
section 1027(1)(E), strike ‘‘of the Educational Research,
Development, Dissemination, and Improvement Act of 1994’’.
(5) In subsections (a)(2)(A) and (d) of section 1011, strike
‘‘part A’’ and insert ‘‘part K’’.
(6) In sections 1002(a)(4) and 1011(e)(3), strike ‘‘part C’’
and insert ‘‘part M’’.
(7) In section 1002(a), strike ‘‘section 13101(a)’’ and insert
‘‘section 1001(a)’’.
(8) In section 1003(b)(1), strike ‘‘section 13102’’ and insert
‘‘section 1002’’.
(9) In section 1004(b)(1), strike ‘‘section 13105’’ and insert
‘‘section 1005’’.
(10) In sections 1002(a)(7) and 1003(b)(2), strike ‘‘section
13201’’ and insert ‘‘section 1011’’.
(11) In section 1022(2) and (3), strike ‘‘section 13301(a)(1)’’
and insert ‘‘section 1021(a)(1)’’.
(12) In section 1027(4), strike ‘‘section 13301’’ and insert
‘‘section 1021’’.
(13) In subsections (a) and (b) of section 1025, strike ‘‘sec-
tion 13303’’ and insert ‘‘section 1023’’.
(14) In the text preceding paragraph (1) of section 1022,
strike ‘‘section 13304’’ and insert ‘‘section 1024’’.
(15) In section 1021(a)(3), strike ‘‘section 13308’’ and insert
‘‘section 1028’’.
H. R. 1—646
‘‘(B) OTHER DETERMINATIONS.—In considering applica-
tions submitted under paragraph (1)(A), the Secretary—
‘‘(i) shall transfer operation of the school to the
Indian tribe or tribal organization, if the tribe or tribal
organization is not already operating the school; and
‘‘(ii) shall determine that the school is eligible for
assistance under this part, unless the Secretary finds
by clear and convincing evidence that the services to
be provided by the Indian tribe or tribal organization
will be deleterious to the welfare of the Indians served
by the school.
‘‘(C) CONSIDERATIONS.—In considering applications
submitted under paragraph (1)(A), the Secretary shall con-
sider whether the Indian tribe or tribal organization would
be deficient in operating the school with respect to—
‘‘(i) equipment;
‘‘(ii) bookkeeping and accounting procedures;
‘‘(iii) ability to adequately manage a school; or
‘‘(iv) adequately trained personnel.
‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT
A BUREAU-FUNDED SCHOOL.—
‘‘(1) IN GENERAL.—A school which is not a Bureau-funded
school under title XI of the Education Amendments of 1978
meets the requirements of this subsection if—
‘‘(A) the Indian tribe or tribal organization that oper-
ates, or desires to operate, the school submits to the Sec-
retary an application requesting a determination by the
Secretary as to whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination that a school
is eligible for assistance under this part.
‘‘(2) DEADLINE FOR DETERMINATION BY SECRETARY.—
‘‘(A) IN GENERAL.—By not later than the date that
is 180 days after the date on which an application is
submitted to the Secretary under paragraph (1)(A), the
Secretary shall determine whether the school is eligible
for assistance under this part.
‘‘(B) CONSIDERATIONS.—In making the determination
under subparagraph (A), the Secretary shall give equal
consideration to each of the following factors:
‘‘(i) With respect to the applicant’s proposal—
‘‘(I) the adequacy of facilities or the potential
to obtain or provide adequate facilities;
‘‘(II) geographic and demographic factors in
the affected areas;
‘‘(III) adequacy of the applicant’s program
plans;
‘‘(IV) geographic proximity of comparable
public education; and
‘‘(V) the needs as expressed by all affected
parties, including but not limited to students, fami-
lies, tribal governments at both the central and
local levels, and school organizations.
‘‘(ii) With respect to all education services already
available—
‘‘(I) geographic and demographic factors in the
affected areas;