(1) Dual language programs have been found to 
provide the greatest academic gains for limited- 
English-proficient students. 
(2) Few children from low-income communities, 
particularly African-American children, have had ac-
cess to a well-developed and well-implemented dual 
language program. 
(3) Children in dual language programs experi-
ence substantial gains in language, literacy, and 
mathematics. 
SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. 
(a) PURPOSES.—The purposes of this section are as 
follows: 
(1) To provide incentives for school districts to 
develop innovative strategies for working with low- 
income and limited-English-proficient students. 
(2) To improve the school readiness of low-in-
come and limited-English-proficient children and to 
ensure they enter school ready to succeed. 
(3) To provide consistent support for learning 
through high-quality dual language programs from 
preschool through the fifth grade. 
(4) To authorize the Secretary to carry out a 
demonstration project to enhance the biliteracy, bi-
lingualism, and multicultural skills for children in 
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impoverished 
communities, 
including 
limited- 
English-proficient and minority children, through 
the use and longitudinal evaluation of dual language 
programs beginning in preschool through the fifth 
grade. 
(b) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—From funds made available 
under subsection (i), and after reserving funds under 
subsection (c), the Secretary is authorized to award 
not more than five grants to fund partnerships of 
local education agencies, early childhood education 
programs including State-funded preschool programs 
and Head Start programs, and technical assistance 
providers to demonstrate effective strategies in en-
suring the academic success of low-income minority 
students through the implementation and evaluation 
of a high-quality dual language program that— 
(A) serves cohorts of economically dis-
advantaged minority and limited-English-pro-
ficient students from preschool through fifth 
grade; 
(B) establishes an infrastructure that sup-
ports a rigorous assessment system, including 
dedicated staff time and professional develop-
ment in assessment, a data collection plan, and 
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the collection of multiple measures of academic 
progress, 
bilingualism, 
biliteracy, 
and 
multiculturalism; 
(C) implements and aligns a curriculum 
that promotes the development of bilingual, 
biliterate, and multicultural competencies for all 
students through at least grade five; 
(D) utilizes and aligns student-centered in-
structional methods that enhance the develop-
ment of bilingualism, biliteracy, and academic 
achievement; 
(E) aligns professional development and 
training for early childhood education instruc-
tors and elementary school teachers and staff, 
with an emphasis on dual language instruction, 
second language acquisition, and content knowl-
edge; 
(F) recruits, trains, and continuously de-
velops staff to implement high-quality, dual lan-
guage programs; and 
(G) establishes a responsive infrastructure 
for positive, active, and ongoing relationships 
with students’ families and the community that 
responds to and is reflective of the needs of the 
community and goals of the program. 
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(c) RESERVATION.—The Secretary shall reserve not 
more than 5 percent of the amount appropriated under 
subsection (i) to carry out this Act, including the technical 
assistance and evaluation described is subsection (g) and 
dissemination of best practices described in subsection (h). 
(d) DURATION.—Each grant under this section shall 
be awarded for a period of not more than five years. 
(e) APPLICATIONS FOR GRANTS.— 
(1) IN GENERAL.—Each eligible entity desiring 
a grant under this section shall submit an applica-
tion to the Secretary at such time and in such man-
ner as the Secretary may require. 
(2) REQUIRED DOCUMENTATION.—Each appli-
cation submitted by a partnership under this section 
for a proposed program shall include documentation 
that— 
(A) the partnership has partnered with an 
entity that has proven expertise in the imple-
mentation of high-quality dual language pro-
grams to provide on-going technical assistance 
and assist with the evaluation of the program; 
(B) the partnership has the qualified per-
sonnel to develop, administer, evaluate, and im-
plement the program; and 
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(C) the partnership is serving economically 
disadvantaged minority and limited-English- 
proficient students. 
(3) OTHER APPLICATION CONTENTS.—Each ap-
plication submitted by an entity under this section 
for a proposed program shall include— 
(A) data showing that the program is serv-
ing economically disadvantaged and limited- 
English-proficient students; 
(B) a description of how the program will 
align the language of assessment with the lan-
guage of instruction; 
(C) a description of how the program will 
be evaluated to assess the goals of the program; 
(D) a description of how the evaluation will 
be used to inform broader efforts to improve in-
struction for limited-English-proficient stu-
dents, including for preschool-aged children; 
(E) a description of activities that will be 
pursued by the program including a description 
of— 
(i) how the activities will further the 
school readiness and academic progress of 
children served by this program and sup-
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port dual language development through 
grade five; 
(ii) methods of designing culturally 
and linguistically appropriate dual lan-
guage curriculum; and 
(iii) methods of teacher training and 
parent outreach that will be used or devel-
oped through the programs; 
(F) an assurance that the program will an-
nually provide to the Secretary such informa-
tion as may be required by subsection (f); and 
(G) any other information that the sec-
retary may require. 
(f) SELECTION OF GRANTEES.— 
(1) CRITERIA.—The Secretary through a peer 
review process shall select partnerships to receive 
grants under this section based on— 
(A) the articulation of preschool through 
fifth-grade instructional practices, curriculum, 
and assessments strategies; 
(B) the extent to which school leadership 
has been involved and has demonstrated a com-
mitment to a high-quality dual language pro-
grams; and 
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(C) the quality of the programs and pro-
posed in the applications submitted under sub-
section (b). 
(g) TECHNICAL ASSISTANCE
AND EVALUATION.— 
From funds reserved under subsection (i) for a fiscal year, 
the Secretary shall reserve $250,000 to contract with an 
entity with a proven track record in dual language pro-
grams for the purpose of— 
(1) providing technical assistance to local edu-
cation agencies receiving grants under this Act in 
order to strengthen programs conducted by grantees 
pursuant to this Act; and 
(2) conducting an evaluation of programs fund-
ed under this act, which shall— 
(A) be used by the Secretary to determine 
effectiveness of programs funded through this 
Act and improve services to participating chil-
dren; and 
(B) include— 
(i) a comprehensive evaluation of the 
impact of the programs on students, in-
cluding an assessment of literacy skills and 
language development in both English and 
the minority language; 
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(ii) a comprehensive evaluation of the 
effectiveness of instructional practices used 
in the programs; and 
(iii) a comprehensive evaluation of 
professional development strategies. 
(h) DISSEMINATION OF BEST PRACTICES.—The Sec-
retary shall disseminate information on model programs, 
materials, and other information developed under this sec-
tion that the Secretary determines to be appropriate for 
use by early childhood education providers to improve the 
school readiness of limited-English-proficient students. 
(i) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of carrying out this section, there are authorized 
to be appropriated $15,000,000 for fiscal year 2009 and 
such sums as may be necessary for each of the 4 suc-
ceeding fiscal years. 
(j) DEFINITIONS.—In this section: 
(1) DUAL
LANGUAGE
PROGRAM.—The term 
dual language program means an instructional strat-
egy in which students are taught literacy and con-
tent in two languages and use the partner language 
for at least half of the instructional day and foster 
bilingualism, biliteracy, enhanced awareness of lin-
guistic and cultural diversity, and high levels of aca-
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demic achievement through instruction in two lan-
guages. 
(2) STATE-FUNDED
PRESCHOOL
PROGRAM.— 
The term ‘‘State-funded preschool program’’ means 
a program that— 
(A) serves children who are ages 3 through 
5; 
(B) has a primary focus of supporting 
early childhood education, including supporting 
children’s cognitive, social, emotional, and phys-
ical development and approaches to learning; 
(C) helps prepare children for a successful 
transition to kindergarten; 
(D) is either a school- or community-based 
program; and 
(E) is funded either in whole or in part by 
a State through a State agency with authority 
to promulgate regulations and monitor partici-
pating programs. 
(3) WITH
LIMITED
ENGLISH
PROFICIENCY.— 
The term ‘‘with limited English proficiency’’, when 
used with respect to a child, means a child— 
(A)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
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(ii)(I) who is a Native American (as de-
fined in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801)), an Alaska Native, or a native resident 
of an outlying area (as defined in such section 
9101); and 
(II) who comes from an environment where 
a language other than English has had a sig-
nificant impact on the child’s level of English 
language proficiency; or 
(iii) who is migratory, whose native lan-
guage is a language other than English, and 
who comes from an environment where a lan-
guage other than English is dominant; and 
(B) whose difficulties in speaking or un-
derstanding the English language may be suffi-
cient to deny the child— 
(i) the ability to successfully achieve 
in a classroom in which the language of in-
struction is English; or 
(ii) the opportunity to participate fully 
in society. 
Æ 
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