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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
7113(a).
‘‘SEC. 7402. CONSTRUCTION.
‘‘Nothing in subpart 1 or 2 shall be construed to pro-
hibit a local educational agency from serving limited
English proficient children and youth simultaneously with
students with similar educational needs, in the same edu-
cational settings where appropriate.
‘‘SEC. 7403. EVALUATION.
‘‘(a) IN GENERAL.—Each eligible entity that receives
a subgrant from a State or a grant from the Secretary
under part A shall provide the State or the Secretary, at
the conclusion of every second fiscal year during which the
subgrant or grant is received, with an evaluation, in a
form prescribed by the State or the Secretary, of—
‘‘(1) the programs and activities conducted by
the entity with funds received under part A during
the two immediately preceding fiscal years;
‘‘(2) the progress made by students in learning
the English language and meeting challenging State
606
content standards and challenging State student
performance standards;
‘‘(3) the number and percentage of students in
the programs and activities attaining English lan-
guage proficiency by the end of each school year, as
determined by a valid and reliable assessment of
English proficiency; and
‘‘(4) the progress made by students in meeting
challenging State content and challenging State per-
formance standards for each of the 2 years after
such students are no longer receiving services under
this part.
‘‘(b) USE OF EVALUATION.—An evaluation provided
by an eligible entity under subsection (a) shall be used
by the entity and the State or the Secretary—
‘‘(1) for improvement of programs and activi-
ties;
‘‘(2) to determine the effectiveness of programs
and activities in assisting children who are limited
English proficient to attain English proficiency (as
measured consistent with subsection (d)) and meet
challenging State content standards and challenging
State student performance standards; and
‘‘(3) in determining whether or not to continue
funding for specific programs or projects.
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‘‘(c) EVALUATION
COMPONENTS.—An evaluation
provided by an eligible entity under subsection (a) shall
include—
‘‘(1) an evaluation of whether students enrolling
in a program or activity conducted by the entity
with funds received under part A—
‘‘(A) have attained English proficiency and
are meeting challenging State content stand-
ards and challenging State student performance
standards; and
‘‘(B) have achieved a working knowledge of
the English language that is sufficient to per-
mit them to perform, in English, in a classroom
that is not tailored to limited English proficient
children; and
‘‘(2) such other information as the State or the
Secretary may require.
‘‘(d) EVALUATION MEASURES.—In prescribing the
form of an evaluation provided by an entity under sub-
section (a), a State or the Secretary shall approve evalua-
tion measures, as applicable, for use under subsection (c)
that are designed to assess—
‘‘(1) oral language proficiency in kindergarten;
‘‘(2) oral language proficiency, including speak-
ing and listening skills, in first grade;
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‘‘(3) both oral language proficiency, including
speaking and listening skills, and reading and writ-
ing proficiency in grades 2 and higher; and
‘‘(4) attainment of challenging State perform-
ance standards.
‘‘SEC. 7404. CONSTRUCTION.
‘‘Nothing in part A shall be construed as requiring
a State or a local educational agency to establish, con-
tinue, or eliminate a program of native language instruc-
tion.
‘‘SEC. 7405. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this title
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
title.
‘‘SEC. 7406. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing in this title shall be construed to negate
or supersede the legal authority, under State law, of any
State agency, State entity, or State public official over
programs that are under the jurisdiction of the State
agency, entity, or official.
‘‘SEC. 7407. CIVIL RIGHTS.
‘‘Nothing in this title shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil
right.
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‘‘SEC. 7408. RULE OF CONSTRUCTION.
‘‘Nothing in part A shall be construed to limit the
preservation or use of Native American languages as de-
fined in the Native American Languages Act or Alaska
Native languages.
‘‘SEC. 7409. REPORT.
‘‘The Secretary shall prepare, and submit to the Sec-
retary and to the Committee on Education and the Work-
force of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate,
a report on—
‘‘(1) the activities carried out part A and the
effectiveness of such activities in increasing the
English proficiency of limited English proficient chil-
dren and helping them to meet challenging State
content standards and challenging State perform-
ance standards;
‘‘(2) the types of instructional programs used
under part A to teach limited English proficient chil-
dren;
‘‘(3) the number of programs, if any, which
were terminated from the program because they
were not able to reach program goals; and
‘‘(4) other information gathered as part of the
evaluation conducted under section 7403.
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‘‘SEC. 7410. PROGRAMS FOR NATIVE AMERICANS AND
PUERTO RICO.
‘‘Programs authorized under subparts 1 and 2 of part
A that serve Native American children, Native Pacific Is-
land children, and children in the Commonwealth of Puer-
to Rico, notwithstanding any other provision of part A
may include programs of instruction, teacher training,
curriculum development, evaluation, and testing designed
for Native American children learning and studying Na-
tive American languages and children of limited Spanish
proficiency, except that a primary outcome of programs
serving such children shall be increased English pro-
ficiency among such children.’’.
SEC. 902. CONFORMING AMENDMENT TO DEPARTMENT OF
EDUCATION ORGANIZATION ACT.
(a) IN GENERAL.—The Department of Education
Organization Act is amended by striking ‘‘Office of Bilin-
gual Education and Minority Languages Affairs’’ each
place such term appears in the text and inserting ‘‘Office
of Educational Services for Limited English Proficient
Children’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION 209.—The section heading for sec-
tion 209 of the Department of Education Organiza-
tion Act is amended to read as follows:
611
‘‘OFFICE OF EDUCATIONAL SERVICES FOR LIMITED
ENGLISH PROFICIENT CHILDREN’’.
(2) SECTION 216.—The section heading for sec-
tion 216 of the Department of Education Organiza-
tion Act is amended to read as follows:
‘‘SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIM-
ITED ENGLISH PROFICIENT CHILDREN.’’.
(3) TABLE OF CONTENTS.—
(A) SECTION 209.—The table of contents
of the Department of Education Organization
Act is amended by amending the item relating
to section 209 to read as follows:
‘‘Sec. 209. Office of Educational Services for Limited English Proficient Chil-
dren.’’.
(B) SECTION 216.—The table of contents
of the Department of Education Organization
Act is amended by amending the item relating
to section 216 to read as follows:
‘‘Sec. 216. Office of Educational Services for Limited English Proficient Chil-
dren.’’.
Passed the House of Representatives October 21,
1999.
Attest:
Clerk.