134 
‘‘(4) to complete high school (or high school 
equivalency requirements) and obtain employment 
after leaving the correctional facility or institution 
for neglected or delinquent children and youth; and 
‘‘(5) as appropriate, to participate in postsec-
ondary education and job training programs. 
‘‘(b) 
EXCEPTION.—The 
disaggregation 
required 
under subsection (a) shall not be required in a case in 
which the number of students in a category is insufficient 
to yield statistically reliable information or the results 
would reveal personally identifiable information about an 
individual student. 
‘‘(c) EVALUATION MEASURES.—In conducting each 
evaluation under subsection (a), a State agency or local 
educational agency shall use multiple and appropriate 
measures of student progress. 
‘‘(d) EVALUATION RESULTS.—Each State agency 
and local educational agency shall— 
‘‘(1) submit evaluation results to the State edu-
cational agency and the Secretary; and 
‘‘(2) use the results of evaluations under this 
section to plan and improve subsequent programs 
for participating children and youth. 
‘‘SEC. 1172. DEFINITIONS. 
‘‘In this subpart: 
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‘‘(1) ADULT
CORRECTIONAL
INSTITUTION.— 
The term ‘adult correctional institution’ means a fa-
cility in which persons (including persons under 21 
years of age) are confined as a result of a conviction 
for a criminal offense. 
‘‘(2) AT-RISK.—The term ‘at-risk’, when used 
with respect to a child, youth, or student, means a 
school-aged individual who 
‘‘(A) is at-risk of academic failure; and 
‘‘(B) has a drug or alcohol problem, is 
pregnant or is a parent, has come into contact 
with the juvenile justice system in the past, is 
at least 1 year behind the expected grade level 
for the age of the individual, is an English 
learner, is a gang member, has dropped out of 
school in the past, or has a high absenteeism 
rate at school. 
‘‘(3) COMMUNITY
DAY
PROGRAM.—The term 
‘community day program’ means a regular program 
of instruction provided by a State agency at a com-
munity day school operated specifically for neglected 
or delinquent children and youth. 
‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH.—The term ‘institu-
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tion for neglected or delinquent children and youth’ 
means— 
‘‘(A) a public or private residential facility, 
other than a foster home, that is operated for 
the care of children who have been committed 
to the institution or voluntarily placed in the in-
stitution under applicable State law, due to 
abandonment, neglect, or death of their parents 
or guardians; or 
‘‘(B) a public or private residential facility 
for the care of children who have been adju-
dicated to be delinquent or in need of super-
vision. 
‘‘SUBPART 4—ENGLISH LANGUAGE ACQUISITION, LAN-
GUAGE ENHANCEMENT, AND ACADEMIC ACHIEVE-
MENT 
‘‘SEC. 1181. PURPOSES. 
‘‘The purposes of this subpart are— 
‘‘(1) to help ensure that English learners, in-
cluding immigrant children and youth, attain 
English proficiency and develop high levels of aca-
demic achievement in English; 
‘‘(2) to assist all English learners, including im-
migrant children and youth, to achieve at high levels 
in the core academic subjects so that those children 
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137 
can meet the same State academic standards that all 
children are expected to meet, consistent with sec-
tion 1111(b)(1); 
‘‘(3) to assist State educational agencies, local 
educational agencies, and schools in establishing, im-
plementing, and sustaining high-quality, flexible, evi-
dence-based language instruction educational pro-
grams designed to assist in teaching English learn-
ers, including immigrant children and youth; 
‘‘(4) to assist State educational agencies and 
local educational agencies to develop and enhance 
their capacity to provide high-quality, evidence-based 
instructional programs designed to prepare English 
learners, including immigrant children and youth, to 
enter all-English instruction settings; and 
‘‘(5) to promote parental and community par-
ticipation in language instruction educational pro-
grams for the parents and communities of English 
learners. 
‘‘CHAPTER A—GRANTS AND SUBGRANTS FOR 
ENGLISH LANGUAGE ACQUISITION AND LAN-
GUAGE ENHANCEMENT 
‘‘SEC. 1191. FORMULA GRANTS TO STATES. 
‘‘(a) IN GENERAL.—In the case of each State edu-
cational agency having a plan approved by the Secretary 
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for a fiscal year under section 1192, the Secretary shall 
reserve 4.4 percent of funds appropriated under section 
3(a)(1) to make a grant for the year to the agency for 
the purposes specified in subsection (b). The grant shall 
consist of the allotment determined for the State edu-
cational agency under subsection (c). 
‘‘(b) USE OF FUNDS.— 
‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 
Secretary may make a grant under subsection (a) 
only if the State educational agency involved agrees 
to expend at least 95 percent of the State edu-
cational agency’s allotment under subsection (c) for 
a fiscal year— 
‘‘(A) to award subgrants, from allocations 
under section 1193, to eligible entities to carry 
out the activities described in section 1194 
(other than subsection (e)); and 
‘‘(B) to award subgrants under section 
1193(d)(1) to eligible entities that are described 
in that section to carry out the activities de-
scribed in section 1194(e). 
‘‘(2) STATE ACTIVITIES.—Subject to paragraph 
(3), each State educational agency receiving a grant 
under subsection (a) may reserve not more than 5 
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percent of the agency’s allotment under subsection 
(c) to carry out the following activities: 
‘‘(A) Professional development activities, 
and other activities, which may include assisting 
personnel in— 
‘‘(i) meeting State and local certifi-
cation and licensing requirements for 
teaching English learners; and 
‘‘(ii) improving teacher skills in meet-
ing the diverse needs of English learners, 
including in how to implement evidence- 
based programs and curricula on teaching 
English learners. 
‘‘(B) Planning, evaluation, administration, 
and interagency coordination related to the sub-
grants referred to in paragraph (1). 
‘‘(C) Providing technical assistance and 
other forms of assistance to eligible entities that 
are receiving subgrants from a State edu-
cational agency under this chapter, including 
assistance in— 
‘‘(i) identifying and implementing evi-
dence-based 
language 
instruction 
edu-
cational programs and curricula for teach-
ing English learners; 
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‘‘(ii) helping English learners meet 
the same State academic standards that all 
children are expected to meet; 
‘‘(iii) identifying or developing, and 
implementing, measures of English pro-
ficiency; and 
‘‘(iv) strengthening and increasing 
parent, family, and community engage-
ment. 
‘‘(D) Providing recognition, which may in-
clude providing financial awards, to subgrantees 
that have significantly improved the achieve-
ment and progress of English learners in— 
‘‘(i) reaching English language pro-
ficiency, based on the State’s English lan-
guage proficiency assessment under section 
1111(b)(2)(D); and 
‘‘(ii) meeting the State academic 
standards under section 1111(b)(1). 
‘‘(3) ADMINISTRATIVE
EXPENSES.—From the 
amount reserved under paragraph (2), a State edu-
cational agency may use not more than 40 percent 
of such amount or $175,000, whichever is greater, 
for the planning and administrative costs of carrying 
out paragraphs (1) and (2). 
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‘‘(c) RESERVATIONS AND ALLOTMENTS.— 
‘‘(1) RESERVATIONS.—From the amount re-
served under section 1191(a) for each fiscal year, 
the Secretary shall reserve— 
‘‘(A) 0.5 percent of such amount for pay-
ments to outlying areas, to be allotted in ac-
cordance with their respective needs for assist-
ance under this chapter, as determined by the 
Secretary, for activities, approved by the Sec-
retary, consistent with this chapter; and 
‘‘(B) 6.5 percent of such amount for na-
tional activities under sections 1211 and 1222, 
except that not more than $2,000,000 of such 
amount may be reserved for the National Clear-
inghouse for English Language Acquisition and 
Language Instruction Educational Programs 
described in section 1222. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), from the amount reserved 
under section 1191(a) for each fiscal year that 
remains after making the reservations under 
paragraph (1), the Secretary shall allot to each 
State educational agency having a plan ap-
proved under section 1192(c)— 
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‘‘(i) an amount that bears the same 
relationship to 80 percent of the remainder 
as the number of English learners in the 
State bears to the number of such children 
in all States, as determined by data avail-
able from the American Community Survey 
conducted by the Department of Commerce 
or State-reported data; and 
‘‘(ii) an amount that bears the same 
relationship to 20 percent of the remainder 
as the number of immigrant children and 
youth in the State bears to the number of 
such children and youth in all States, as 
determined based only on data available 
from the American Community Survey 
conducted by the Department of Com-
merce. 
‘‘(B) MINIMUM
ALLOTMENTS.—No State 
educational agency shall receive an allotment 
under this paragraph that is less than 
$500,000. 
‘‘(C) REALLOTMENT.—If any State edu-
cational agency described in subparagraph (A) 
does not submit a plan to the Secretary for a 
fiscal year, or submits a plan (or any amend-
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143 
ment to a plan) that the Secretary, after rea-
sonable notice and opportunity for a hearing, 
determines does not satisfy the requirements of 
this chapter, the Secretary shall reallot any por-
tion of such allotment to the remaining State 
educational agencies in accordance with sub-
paragraph (A). 
‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 
The total amount allotted to Puerto Rico for 
any fiscal year under subparagraph (A) shall 
not exceed 0.5 percent of the total amount al-
lotted to all States for that fiscal year. 
‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 
making State allotments under paragraph (2) for 
each fiscal year, the Secretary shall determine the 
number of English learners in a State and in all 
States, using the most accurate, up-to-date data, 
which shall be— 
‘‘(A) data from the American Community 
Survey conducted by the Department of Com-
merce, which may be multiyear estimates; 
‘‘(B) the number of students being as-
sessed for English language proficiency, based 
on the State’s English language proficiency as-
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144 
sessment under section 1111(b)(2)(D), which 
may be multiyear estimates; or 
‘‘(C) a combination of data available under 
subparagraphs (A) and (B). 
‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLAN
REQUIRED.—Each State educational 
agency desiring a grant under this chapter shall submit 
a plan to the Secretary at such time and in such manner 
as the Secretary may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the process that the agency will 
use in awarding subgrants to eligible entities under 
section 1193(d)(1); 
‘‘(2) provide an assurance that— 
‘‘(A) the agency will ensure that eligible 
entities receiving a subgrant under this chapter 
comply 
with 
the 
requirement 
in 
section 
1111(b)(2)(B)(x) to annually assess in English 
learners who have been in the United States for 
3 or more consecutive years; 
‘‘(B) the agency will ensure that eligible 
entities receiving a subgrant under this chapter 
annually assess the English proficiency of all 
English learners participating in a program 
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funded under this chapter, consistent with sec-
tion 1111(b)(2)(D); 
‘‘(C) in awarding subgrants under section 
1193, the agency will address the needs of 
school systems of all sizes and in all geographic 
areas, including school systems with rural and 
urban schools; 
‘‘(D) subgrants to eligible entities under 
section 1193(d)(1) will be of sufficient size and 
scope to allow such entities to carry out high- 
quality, evidence-based language instruction 
educational programs for English learners; 
‘‘(E) the agency will require an eligible en-
tity receiving a subgrant under this chapter to 
use the subgrant in ways that will build such 
recipient’s capacity to continue to offer high- 
quality evidence-based language instruction edu-
cational programs that assist English learners 
in meeting State academic standards; 
‘‘(F) the agency will monitor the eligible 
entity receiving a subgrant under this chapter 
for compliance with applicable Federal fiscal re-
quirements; and 
‘‘(G) the plan has been developed in con-
sultation with local educational agencies, teach-
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146 
ers, administrators of programs implemented 
under this chapter, parents, and other relevant 
stakeholders; 
‘‘(3) describe how the agency will coordinate its 
programs and activities under this chapter with 
other programs and activities under this Act and 
other Acts, as appropriate; 
‘‘(4) describe how eligible entities in the State 
will be given the flexibility to teach English learn-
ers— 
‘‘(A) using a high-quality, evidence-based 
language instruction curriculum for teaching 
English learners; and 
‘‘(B) in the manner the eligible entities de-
termine to be the most effective; and 
‘‘(5) describe how the agency will assist eligible 
entities in increasing the number of English learners 
who acquire English proficiency. 
‘‘(c) APPROVAL.—The Secretary, after using a peer 
review process, shall approve a plan submitted under sub-
section (a) if the plan meets the requirements of this sec-
tion. 
‘‘(d) DURATION OF PLAN.— 
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‘‘(1) IN GENERAL.—Each plan submitted by a 
State educational agency and approved under sub-
section (c) shall— 
‘‘(A) remain in effect for the duration of 
the agency’s participation under this chapter; 
and 
‘‘(B) be periodically reviewed and revised 
by the agency, as necessary, to reflect changes 
to the agency’s strategies and programs carried 
out under this subpart. 
‘‘(2) ADDITIONAL INFORMATION.— 
‘‘(A) AMENDMENTS.—If the State edu-
cational agency amends the plan, the agency 
shall submit such amendment to the Secretary. 
‘‘(B) APPROVAL.—The Secretary shall ap-
prove such amendment to an approved plan, 
unless the Secretary determines that the 
amendment will result in the agency not meet-
ing the requirements, or fulfilling the purposes, 
of this subpart. 
‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 
subsection (a) may be submitted as part of a consolidated 
plan under section 5302. 
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‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 
provide technical assistance, if requested, in the develop-
ment of English proficiency standards and assessments. 
‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 
‘‘(a) IN GENERAL.—After making the reservation re-
quired under subsection (d)(1), each State educational 
agency receiving a grant under section 1191(c)(2) shall 
award subgrants for a fiscal year by allocating in a timely 
manner to each eligible entity in the State having a plan 
approved under section 1195 an amount that bears the 
same relationship to the amount received under the grant 
and remaining after making such reservation as the popu-
lation of English learners in schools served by the eligible 
entity bears to the population of English learners in 
schools served by all eligible entities in the State. 
‘‘(b) LIMITATION.—A State educational agency shall 
not award a subgrant from an allocation made under sub-
section (a) if the amount of such subgrant would be less 
than $10,000. 
‘‘(c) REALLOCATION.—Whenever a State educational 
agency determines that an amount from an allocation 
made to an eligible entity under subsection (a) for a fiscal 
year will not be used by the entity for the purpose for 
which the allocation was made, the agency shall, in accord-
ance with such rules as it determines to be appropriate, 
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reallocate such amount, consistent with such subsection, 
to other eligible entities in the State that the agency deter-
mines will use the amount to carry out that purpose. 
‘‘(d) REQUIRED RESERVATION.—A State educational 
agency receiving a grant under this chapter for a fiscal 
year— 
‘‘(1) shall reserve not more than 15 percent of 
the agency’s allotment under section 1191(c)(2) to 
award subgrants to eligible entities in the State that 
have experienced a significant increase, as compared 
to the average of the 2 preceding fiscal years, in the 
percentage or number of immigrant children and 
youth, who have enrolled, during the fiscal year pre-
ceding the fiscal year for which the subgrant is 
made, in public and nonpublic elementary schools 
and secondary schools in the geographic areas under 
the jurisdiction of, or served by, such entities; and 
‘‘(2) in awarding subgrants under paragraph 
(1)— 
‘‘(A) shall equally consider eligible entities 
that satisfy the requirement of such paragraph 
but have limited or no experience in serving im-
migrant children and youth; and 
‘‘(B) shall consider the quality of each 
local plan under section 1195 and ensure that 
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each subgrant is of sufficient size and scope to 
meet the purposes of this subpart. 
‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 
‘‘(a) PURPOSES
OF
SUBGRANTS.—A State edu-
cational agency may make a subgrant to an eligible entity 
from funds received by the agency under this chapter only 
if the entity agrees to expend the funds to improve the 
education of English learners, by assisting the children to 
learn English and meet State academic standards. In car-
rying out activities with such funds, the eligible entity 
shall use evidence-based approaches and methodologies for 
teaching English learners and immigrant children and 
youth for the following purposes: 
‘‘(1) Developing and implementing new lan-
guage instruction educational programs and aca-
demic content instruction programs for English 
learners and immigrant children and youth, includ-
ing programs of early childhood education, elemen-
tary school programs, and secondary school pro-
grams. 
‘‘(2) Carrying out highly focused, innovative, lo-
cally designed, evidence-based activities to expand or 
enhance existing language instruction educational 
programs and academic content instruction pro-
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grams for English learners and immigrant children 
and youth. 
‘‘(3) Implementing, within an individual school, 
schoolwide programs for restructuring, reforming, 
and upgrading all relevant programs, activities, and 
operations relating to language instruction edu-
cational programs and academic content instruction 
for English learners and immigrant children and 
youth. 
‘‘(4) Implementing, within the entire jurisdic-
tion of a local educational agency, agencywide pro-
grams for restructuring, reforming, and upgrading 
all relevant programs, activities, and operations re-
lating to language instruction educational programs 
and academic content instruction for English learn-
ers and immigrant children and youth. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en-
tity receiving funds under section 1193(a) for a fiscal year 
shall use not more than 2 percent of such funds for the 
cost of administering this chapter. 
‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi-
ble entity receiving funds under section 1193(a) shall use 
the funds— 
‘‘(1) to increase the English language pro-
ficiency of English learners by providing high-qual-
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ity, evidence-based language instruction educational 
programs that meet the needs of English learners 
and have demonstrated success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement in the 
core academic subjects; 
‘‘(2) to provide high-quality, evidence-based 
professional development to classroom teachers (in-
cluding teachers in classroom settings that are not 
the settings of language instruction educational pro-
grams), school leaders, administrators, and other 
school or community-based organization personnel, 
that is— 
‘‘(A) designed to improve the instruction 
and assessment of English learners; 
‘‘(B) designed to enhance the ability of 
teachers and school leaders to understand and 
implement curricula, assessment practices and 
measures, and instruction strategies for English 
learners; 
‘‘(C) evidence-based in increasing chil-
dren’s English language proficiency or substan-
tially increasing the subject matter knowledge, 
teaching knowledge, and teaching skills of 
teachers; and 
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‘‘(D) of sufficient intensity and duration 
(which shall not include activities such as one- 
day or short-term workshops and conferences) 
to have a positive and lasting impact on the 
teachers’ performance in the classroom, except 
that this subparagraph shall not apply to an ac-
tivity that is one component of a long-term, 
comprehensive professional development plan 
established by a teacher and the teacher’s su-
pervisor based on an assessment of the needs of 
the teacher, the supervisor, the students of the 
teacher, and any local educational agency em-
ploying the teacher, as appropriate; and 
‘‘(3) to provide and implement other evidence- 
based activities and strategies that enhance or sup-
plement language instruction educational programs 
for English learners, including parental and commu-
nity engagement activities and strategies that serve 
to coordinate and align related programs. 
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub-
ject to subsection (c), an eligible entity receiving funds 
under section 1193(a) may use the funds to achieve one 
of the purposes described in subsection (a) by undertaking 
one or more of the following activities: 
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‘‘(1) Upgrading program objectives and effec-
tive instruction strategies. 
‘‘(2) Improving the instruction program for 
English learners by identifying, acquiring, and up-
grading curricula, instruction materials, educational 
software, and assessment procedures. 
‘‘(3) Providing to English learners— 
‘‘(A) tutorials and academic or career edu-
cation for English learners; and 
‘‘(B) intensified instruction. 
‘‘(4) Developing and implementing elementary 
school or secondary school language instruction edu-
cational programs that are coordinated with other 
relevant programs and services. 
‘‘(5) Improving the English language pro-
ficiency and academic achievement of English learn-
ers. 
‘‘(6) Providing community participation pro-
grams, family literacy services, and parent outreach 
and training activities to English learners and their 
families— 
‘‘(A) to improve the English language 
skills of English learners; and 
‘‘(B) to assist parents in helping their chil-
dren to improve their academic achievement 
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and becoming active participants in the edu-
cation of their children. 
‘‘(7) Improving the instruction of English learn-
ers by providing for— 
‘‘(A) the acquisition or development of 
educational technology or instructional mate-
rials; 
‘‘(B) access to, and participation in, elec-
tronic networks for materials, training, and 
communication; and 
‘‘(C) incorporation of the resources de-
scribed in subparagraphs (A) and (B) into cur-
ricula and programs, such as those funded 
under this chapter. 
‘‘(8) Carrying out other activities that are con-
sistent with the purposes of this section. 
‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB-
STANTIAL INCREASES
IN IMMIGRANT CHILDREN
AND 
YOUTH.— 
‘‘(1) IN GENERAL.—An eligible entity receiving 
funds under section 1193(d)(1) shall use the funds 
to pay for activities that provide enhanced instruc-
tional opportunities for immigrant children and 
youth, which may include— 
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‘‘(A) family literacy, parent outreach, and 
training activities designed to assist parents to 
become active participants in the education of 
their children; 
‘‘(B) support for personnel, including para-
professionals who have been specifically trained, 
or are being trained, to provide services to im-
migrant children and youth; 
‘‘(C) provision of tutorials, mentoring, and 
academic or career counseling for immigrant 
children and youth; 
‘‘(D) identification, development, and ac-
quisition of curricular materials, educational 
software, and technologies to be used in the 
program carried out with awarded funds; 
‘‘(E) basic instruction services that are di-
rectly attributable to the presence in the local 
educational agency involved of immigrant chil-
dren and youth, including the payment of costs 
of providing additional classroom supplies, costs 
of transportation, or such other costs as are di-
rectly attributable to such additional basic in-
struction services; 
‘‘(F) other instruction services that are de-
signed to assist immigrant children and youth 
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to achieve in elementary schools and secondary 
schools in the United States, such as programs 
of introduction to the educational system and 
civics education; and 
‘‘(G) activities, coordinated with commu-
nity-based organizations, institutions of higher 
education, private sector entities, or other enti-
ties with expertise in working with immigrants, 
to assist parents of immigrant children and 
youth by offering comprehensive community 
services. 
‘‘(2) DURATION OF SUBGRANTS.—The duration 
of a subgrant made by a State educational agency 
under section 1193(d)(1) shall be determined by the 
agency in its discretion. 
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 
‘‘(1) IN GENERAL.—To receive a subgrant from 
a State educational agency under this chapter, an el-
igible entity shall select one or more methods or 
forms of instruction to be used in the programs and 
activities undertaken by the entity to assist English 
learners to attain English language proficiency and 
meet State academic standards. 
‘‘(2) CONSISTENCY.—Such selection shall be 
consistent with sections 1204 through 1206. 
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‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 
made available under this chapter shall be used so as to 
supplement the level of Federal, State, and local public 
funds that, in the absence of such availability, would have 
been expended for programs for English learners and im-
migrant children and youth and in no case to supplant 
such Federal, State, and local public funds. 
‘‘SEC. 1195. LOCAL PLANS. 
‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 
a subgrant from the State educational agency under sec-
tion 1193 shall submit a plan to the State educational 
agency at such time, in such manner, and containing such 
information as the State educational agency may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the evidence-based programs and 
activities proposed to be developed, implemented, 
and administered under the subgrant that will help 
English learners increase their English language 
proficiency and meet the State academic standards; 
‘‘(2) describe how the eligible entity will hold el-
ementary schools and secondary schools receiving 
funds under this chapter accountable for annually 
assessing the English language proficiency of all 
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children participating under this subpart, consistent 
with section 1111(b); 
‘‘(3) describe how the eligible entity will pro-
mote parent and community engagement in the edu-
cation of English learners; 
‘‘(4) contain an assurance that the eligible enti-
ty consulted with teachers, researchers, school ad-
ministrators, parents and community members, pub-
lic or private organizations, and institutions of high-
er education, in developing and implementing such 
plan; 
‘‘(5) describe how language instruction edu-
cational programs carried out under the subgrant 
will ensure that English learners being served by the 
programs develop English language proficiency; and 
‘‘(6) contain assurances that— 
‘‘(A) each local educational agency that is 
included in the eligible entity is complying with 
section 1112(g) prior to, and throughout, each 
school year; and 
‘‘(B) the eligible entity is not in violation 
of any State law, including State constitutional 
law, regarding the education of English learn-
ers, consistent with sections 1205 and 1206. 
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‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 
entity receiving a subgrant under section 1193 shall in-
clude in its plan a certification that all teachers in any 
language instruction educational program for English 
learners that is, or will be, funded under this subpart are 
fluent in English and any other language used for instruc-
tion, including having written and oral communications 
skills. 
‘‘CHAPTER B—ADMINISTRATION 
‘‘SEC. 1201. REPORTING. 
‘‘(a) IN GENERAL.—Each eligible entity that receives 
a subgrant from a State educational agency under chapter 
A shall provide such agency, at the conclusion of every 
second fiscal year during which the subgrant is received, 
with a report, in a form prescribed by the agency, that 
includes— 
‘‘(1) a description of the programs and activi-
ties conducted by the entity with funds received 
under chapter A during the two immediately pre-
ceding fiscal years, including how such programs 
and activities supplemented programs funded pri-
marily with State or local funds; 
‘‘(2) a description of the progress made by 
English learners in learning the English language 
and in meeting State academic standards; 
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‘‘(3) the number and percentage of English 
learners in the programs and activities attaining 
English language proficiency based on the State 
English language proficiency standards established 
under section 1111(b)(1)(E) by the end of each 
school year, as determined by the State’s English 
language proficiency assessment under section 
1111(b)(2)(D); 
‘‘(4) the number of English learners who exit 
the language instruction educational programs based 
on their attainment of English language proficiency 
and transitioned to classrooms not tailored for 
English learners; 
‘‘(5) a description of the progress made by 
English learners in meeting the State academic 
standards for each of the 2 years after such children 
are no longer receiving services under this subpart; 
‘‘(6) the number and percentage of English 
learners who have not attained English language 
proficiency within five years of initial classification 
as an English learner and first enrollment in the 
local educational agency; and 
‘‘(7) any such other information as the State 
educational agency may require. 
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‘‘(b) USE OF REPORT.—A report provided by an eli-
gible entity under subsection (a) shall be used by the enti-
ty and the State educational agency— 
‘‘(1) to determine the effectiveness of programs 
and activities in assisting children who are English 
learners— 
‘‘(A) to attain English language pro-
ficiency; and 
‘‘(B) to make progress in meeting State 
academic standards under section 1111(b)(1); 
and 
‘‘(2) upon determining the effectiveness of pro-
grams and activities based on the criteria in para-
graph (1), to decide how to improve programs. 
‘‘SEC. 1202. ANNUAL REPORT. 
‘‘(a) STATES.—Based upon the reports provided to 
a State educational agency under section 1201, each such 
agency that receives a grant under this subpart shall pre-
pare and submit annually to the Secretary a report on pro-
grams and activities carried out by the State educational 
agency under this subpart and the effectiveness of such 
programs and activities in improving the education pro-
vided to English learners. 
‘‘(b) SECRETARY.—Annually, the Secretary shall pre-
pare and submit to the Committee on Education and the 
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Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate a report— 
‘‘(1) on programs and activities carried out to 
serve English learners under this subpart, and the 
effectiveness of such programs and activities in im-
proving the academic achievement and English lan-
guage proficiency of English learners; 
‘‘(2) on the types of language instruction edu-
cational programs used by local educational agencies 
or eligible entities receiving funding under this sub-
part to teach English learners; 
‘‘(3) containing a critical synthesis of data re-
ported by eligible entities to States under section 
1201(a); 
‘‘(4) containing a description of technical assist-
ance and other assistance provided by State edu-
cational agencies under section 1191(b)(2)(C); 
‘‘(5) containing an estimate of the number of 
effective teachers working in language instruction 
educational programs and educating English learn-
ers, and an estimate of the number of such teachers 
that will be needed for the succeeding 5 fiscal years; 
‘‘(6) containing the number of programs or ac-
tivities, if any, that were terminated because the en-
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