Union Calendar No. 329
105TH CONGRESS
2D SESSION
H. R. 3892
[Report No. 105–587]
A BILL
To amend the Elementary and Secondary Edu-
cation Act of 1965 to establish a program to help
children and youth learn English, and for other
purposes.
JUNE 19, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 329
105TH CONGRESS
2D SESSION
H. R. 3892
[Report No. 105–587]
To amend the Elementary and Secondary Education Act of 1965 to establish
a program to help children and youth learn English, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1998
Mr. RIGGS introduced the following bill; which was referred to the Committee
on Education and the Workforce
JUNE 19, 1998
Additional sponsors: Mr. STUMP, Mr. NORWOOD, and Mr. HILLEARY
JUNE 19, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 19, 1998]
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to establish a program to help children and
youth learn English, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ENGLISH LANGUAGE EDUCATION.
Part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended
to read as follows:
‘‘PART A—ENGLISH LANGUAGE EDUCATION
‘‘SEC. 7101. SHORT TITLE.
‘‘This part may be cited as the ‘English Language Flu-
ency Act’.
‘‘SEC. 7102. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds as follows:
‘‘(1) English is the common language of the
United States and every citizen and other person re-
siding in the United States should have a command
of the English language in order to develop to their
full potential.
‘‘(2) States and local school districts need assist-
ance in developing the capacity to provide programs
of instruction that offer and provide an equal edu-
cational opportunity to immigrant children and
youth and children and youth who need special assist-
ance because English is not their dominant language.
‘‘(b) PURPOSES.—The purposes of this part are—
‘‘(1) to help ensure that children and youth who
are English language learners master English and de-
velop high levels of academic attainment in English;
and
‘‘(2) to assist eligible local educational agencies
that experience unexpectedly large increases in their
student population due to immigration to help immi-
grant children and youth with their transition into
society, including mastery of the English language.
‘‘SEC. 7103. PARENTAL NOTIFICATION AND CONSENT TO
PARTICIPATE.
‘‘(a) IN GENERAL.—A parent or the parents of a child
participating in an English language instruction program
for English language learners assisted under this Act shall
be informed of—
‘‘(1) the reasons for the identification of the child
as being in need of English language instruction;
‘‘(2) the child’s level of English proficiency, how
such level was assessed, and the status of the child’s
academic achievement; and
‘‘(3) how the English language instruction pro-
gram will specifically help the child acquire English
and meet age-appropriate standards for grade pro-
motion and graduation.
‘‘(b) PARENTAL CONSENT.—
‘‘(1) IN GENERAL.—A parent or the parents of a
child who is an English language learner and is iden-
tified for participation in an English language in-
struction program assisted under this Act—
‘‘(A) shall sign a form consenting to their
child’s placement in such a program prior to
such time as their child is enrolled in the pro-
gram;
‘‘(B) shall select among methods of instruc-
tion, if more than one method is offered in the
program; and
‘‘(C) shall have their child removed from the
program upon their request.
‘‘(2) EFFECT OF LAU DECISION.—A local edu-
cational agency shall not be relieved of any of its obli-
gations under the holding in the Supreme Court case
of Lau v. Nichols, 414 U.S. 563 (1974), because any
parent chooses not to enroll their child in an English
language instruction program using their native lan-
guage in instruction.
‘‘(c) RECEIPT OF INFORMATION.—A parent or the par-
ents of a child identified for participation in an English
language instruction program for English language learn-
ers assisted under this Act shall receive, in a manner and
form understandable to the parent or parents, the informa-
tion required by this section. At a minimum, the parent
or parents shall receive—
‘‘(1) timely information about English language
instruction programs for English language learners
assisted under this Act; and
‘‘(2) if a parent of a participating child so de-
sires, notice of opportunities for regular meetings for
the purpose of formulating and responding to rec-
ommendations from such parents.
‘‘(d) SPECIAL RULE.—An individual may not be ad-
mitted to, or excluded from, any federally assisted education
program solely on the basis of a surname, language-minor-
ity status, or national origin.
‘‘Subpart 1—Grants for English Language
Acquisition
‘‘CHAPTER 1—GENERAL PROVISIONS
‘‘SEC. 7111. FUNDING.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this subpart, there are authorized
to be appropriated such sums as may be necessary for fiscal
year 1999 and each of the 4 succeeding fiscal years.
‘‘(b) RESERVATION FOR ENTITIES SERVING NATIVE
AMERICANS AND ALASKA NATIVES.—From the sums appro-
priated under subsection (a) for any fiscal year, the Sec-
retary shall reserve not less than .5 percent to provide Fed-
eral financial assistance under this subpart to entities that
are considered to be a local educational agency under sec-
tion 7112(a).
‘‘SEC. 7112. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carry-
ing out programs under this subpart for individuals served
by elementary, secondary, and postsecondary schools oper-
ated predominately for Native American or Alaska Native
children and youth, the following shall be considered to be
a local educational agency:
‘‘(1) An Indian tribe.
‘‘(2) A tribally sanctioned educational authority.
‘‘(3) A Native Hawaiian or Native American
Pacific Islander native language educational organi-
zation.
‘‘(4) An elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs,
or a consortium of such schools.
‘‘(5) An elementary or secondary school operated
under a contract with or grant from the Bureau of
Indian Affairs, in consortium with another such
school or a tribal or community organization.
‘‘(6) An elementary or secondary school operated
by the Bureau of Indian Affairs and an institution
of higher education, in consortium with an elemen-
tary or secondary school operated under a contract
with or grant from the Bureau of Indian Affairs or
a tribal or community organization.
‘‘(b) SUBMISSION
OF APPLICATIONS
FOR ASSIST-
ANCE.—Notwithstanding any other provision of this sub-
part, an entity that is considered to be a local educational
agency under subsection (a), and that desires to submit an
application for Federal financial assistance under this sub-
part, shall submit the application to the Secretary. In all
other respects, such an entity shall be eligible for a grant
under this subpart on the same basis as any other local
educational agency.
‘‘CHAPTER 2—GRANTS FOR ENGLISH
LANGUAGE ACQUISITION
‘‘SEC. 7121. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that in
accordance with section 7122 submits to the Secretary an
application for a fiscal year, the Secretary shall make a
grant for the year to the State for the purposes specified
in subsection (b). The grant shall consist of the allotment
determined for the State under section 7124.
‘‘(b) PURPOSES OF GRANTS.—
‘‘(1) REQUIRED EXPENDITURES.—The Secretary
may make a grant under subsection (a) only if the
State involved agrees that the State will expend at
least 90 percent of the amount of the funds provided
under the grant for the purpose of making subgrants
to eligible entities to provide assistance to children
and youth who are English language learners and
immigrant children and youth in accordance with
section 7123.
‘‘(2) AUTHORIZED
EXPENDITURES.—Subject to
paragraph (3), a State that receives a grant under
subsection (a) may expend not more than 10 percent
of the amount of the funds provided under the grant
for one or more of the following purposes:
‘‘(A) Professional development and activi-
ties that assist personnel in meeting State and
local certification requirements for English lan-
guage instruction.
‘‘(B) Planning, administration, and inter-
agency coordination related to the subgrants re-
ferred to in paragraph (1).
‘‘(C) Providing technical assistance and
other forms of assistance to local educational
agencies that—
‘‘(i) educate children and youth who
are English language learners and immi-
grant children and youth; and
‘‘(ii) are not receiving a subgrant from
a State under this chapter.
‘‘(D) Providing bonuses to subgrantees
whose performance has been exceptional in terms
of the speed with which children and youth en-
rolled in the subgrantee’s programs and activi-
ties attain English language proficiency.
‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.—
In carrying out paragraph (2), a State that receives
a grant under subsection (a) may expend not more
than 2 percent of the amount of the funds provided
under the grant for the purposes described in para-
graph (2)(B).
‘‘SEC. 7122. APPLICATIONS BY STATES.
‘‘For purposes of section 7121, an application submit-
ted by a State for a grant under such section for a fiscal
year is in accordance with this section if the application—
‘‘(1) describes the process that the State will use
in making subgrants to eligible entities under this
chapter;
‘‘(2) contains an agreement that the State annu-
ally will submit to the Secretary a summary report,
describing the State’s use of the funds provided under
the grant;
‘‘(3) contains an agreement that the State will
give special consideration to applications for a
subgrant under section 7123 from eligible entities that
describe a program that—
‘‘(A)(i) enrolls a large percentage or large
number of children and youth who are English
language learners and immigrant children and
youth; and
‘‘(ii) addresses a need brought about
through a significant increase, as compared to
the previous 2 years, in the percentage or num-
ber of children and youth who are English lan-
guage learners in a school or school district, in-
cluding schools and school districts in areas with
low concentrations of such children and youth; or
‘‘(B) on the day preceding the date of the
enactment of this section, was receiving funding
under a grant—
‘‘(i) awarded by the Secretary under
subpart 1 or 3 of part A of the Bilingual
Education Act (as such Act was in effect on
such day); and
‘‘(ii) that was not due to expire before
a period of one year or more had elapsed;
‘‘(4) contains an agreement that, in carrying out
this chapter, the State will address the needs of school
systems of all sizes and in all geographic areas, in-
cluding rural and urban schools;
‘‘(5) contains an agreement that the State will
coordinate its programs and activities under this
chapter with its other programs and activities under
this Act and other Acts, as appropriate; and
‘‘(6) contains an agreement that the State will
monitor the progress of students enrolled in programs
and activities receiving assistance under this chapter
in attaining English proficiency and withdraw fund-
ing from such programs and activities in cases
where—
‘‘(A) students enrolling when they are in
kindergarten are not mastering the English lan-
guage by the end of the first grade; and
‘‘(B) other students are not mastering the
English language after 2 academic years of en-
rollment.
‘‘SEC. 7123. SUBGRANTS TO ELIGIBLE ENTITIES.
‘‘(a) PURPOSES OF SUBGRANTS.—A State may make
a subgrant to an eligible entity from funds received by the
State under this chapter only if the entity agrees to expend
the funds for one of the following purposes:
‘‘(1) Developing and implementing new English
language instructional programs for children and
youth who are English language learners, including
programs of early childhood education and kinder-
garten through 12th grade education.
‘‘(2) Carrying out locally designed projects to ex-
pand or enhance existing English language instruc-
tion programs for children and youth who are
English language learners.
‘‘(3) Assisting a local educational agency in pro-
viding enhanced instructional opportunities for im-
migrant children and youth.
‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
State may make a subgrant to an eligible entity from
funds received by the State under this chapter in
order that the eligible entity may achieve one of the
purposes described in subsection (a) by undertaking
one or more of the following activities to improve the
understanding, and use, of the English language,
based on a child’s learning skills:
‘‘(A) Developing and implementing com-
prehensive preschool or elementary or secondary
school English language instructional programs
that are coordinated with other relevant pro-
grams and services.
‘‘(B) Providing training to classroom teach-
ers, administrators, and other school or commu-
nity-based organizational personnel to improve
the instruction and assessment of children and
youth who are English language learners, immi-
grant children and youth, or both.
‘‘(C) Improving the program for children
and youth who are English language learners,
immigrant children and youth, or both.
‘‘(D) Providing for the acquisition or devel-
opment of education technology or instructional
materials, access to and participation in elec-
tronic networks for materials, providing training
and communications, and incorporation of such
resources in curricula and programs, such as
those funded under this subpart.
‘‘(E) Such other activities, related to the
purpose of the subgrant, as the State may ap-
prove.
‘‘(2) MOVING CHILDREN OUT OF SPECIALIZED
CLASSROOMS.—Any program or activity undertaken
by an eligible entity using a subgrant from a State
under this chapter shall be designed to assist students
enrolled in the program or activity to move into a
classroom where instruction is not tailored for
English language learners or immigrant children and
youth—
‘‘(A) by the end of the first grade, in the
case of students enrolling when they are in kin-
dergarten; or
‘‘(B) by the end of their second academic
year of enrollment, in the case of other students.
‘‘(3) MAXIMUM ENROLLMENT PERIOD.—An eligi-
ble entity may not use funds received from a State
under this chapter to provide instruction or assist-
ance to any individual who has been enrolled for a
period exceeding 3 years in a program or activity un-
dertaken by the eligible entity under this section.
‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To
receive a subgrant from a State under this chapter, an eligi-
ble entity shall select one or more methods or forms of
English language instruction to be used in the programs
and activities undertaken by the entity to assist English
language learners and immigrant children and youth to
achieve English fluency. Such selection shall be consistent
with the State’s law, including State constitutional law.
‘‘(d) DURATION OF SUBGRANTS.—The duration of a
subgrant made by a State under this section shall be deter-
mined by the State in its discretion.
‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—To receive a subgrant from
a State under this chapter, an eligible entity shall
submit an application to the State at such time, in
such form, and containing such information as the
State may require.
‘‘(2) REQUIRED DOCUMENTATION.—The applica-
tion shall describe the programs and activities pro-
posed to be developed, implemented, and administered
under the subgrant and shall provide an assurance
that the applicant will only employ teachers and
other personnel for the proposed programs and activi-
ties who are proficient in English, including written
and oral communication skills.
‘‘(3) REQUIREMENTS FOR APPROVAL.—A State
may approve an application submitted by an eligible
entity for a subgrant under this chapter only if the
State determines that—
‘‘(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
children and youth who are English language
learners and immigrant children and youth;
‘‘(B) in designing the programs and activi-
ties proposed in the application, the needs of
children enrolled in private elementary and sec-
ondary schools have been taken into account
through consultation with appropriate private
school officials;
‘‘(C) the eligible entity has provided for the
participation of children enrolled in private ele-
mentary and secondary schools in the programs
and activities proposed in the application on a
basis comparable to that provided for children
enrolled in public school;
‘‘(D) the eligible entity has based its pro-
posal on sound research and theory; and
‘‘(E) the eligible entity has described in the
application how students enrolled in the pro-
grams and activities proposed in the application
will be taught English—
‘‘(i) by the end of the first grade, in the
case of students enrolling when they are in
kindergarten; or
‘‘(ii) by the end of their second aca-
demic year of enrollment, in the case of
other students.
‘‘(4) QUALITY.—In determining which applica-
tions to select for approval, a State shall consider the
quality of each application.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—Each eligible entity that re-
ceives a subgrant from a State under this chapter
shall provide the State, at the conclusion of every sec-
ond fiscal year during which the grant is received,
with an evaluation, in a form prescribed by the State,
of—
‘‘(A) the programs and activities conducted
by the entity with funds received under this
chapter during the two immediately preceding
fiscal years; and
‘‘(B) the progress made by students in
learning the English language.
‘‘(2) USE OF EVALUATION.—An evaluation pro-
vided by an eligible entity under paragraph (1) shall
be used by the entity and the State—
‘‘(A) for improvement of programs and ac-
tivities;
‘‘(B) to determine the effectiveness of pro-
grams and activities in assisting children and
youth who are English language learners to mas-
ter the English language; and
‘‘(C) in determining whether or not to con-
tinue funding for specific programs or projects.
‘‘(3) EVALUATION COMPONENTS.—An evaluation
provided by an eligible entity under paragraph (1)
shall include—
‘‘(A) an evaluation of whether students en-
rolling in a program or activity conducted by
the entity with funds received under this chap-
ter—
‘‘(i) are mastering the English lan-
guage—
‘‘(I) by the end of the first grade,
in the case of students enrolling when
they are in kindergarten; or
‘‘(II) by the end of their second
academic year of enrollment, in the
case of other students; and
‘‘(ii) have achieved a working knowl-
edge of the English language that is suffi-
cient to permit them to perform, in English,
regular classroom work; and
‘‘(B) such other information as the State
may require.
‘‘SEC. 7124. DETERMINATION OF AMOUNT OF ALLOTMENT.
‘‘(a) IN GENERAL.—Except as provided in subsections
(b) and (c), from the sum available for the purpose of mak-
ing grants to States under this chapter for any fiscal year,
the Secretary shall allot to each State an amount which
bears the same ratio to such sum as the total number of
children and youth who are English language learners and
immigrant children and youth and who reside in the State
bears to the total number of such children and youth resid-
ing in all States (excluding the Commonwealth of Puerto
Rico and the outlying areas) that, in accordance with sec-
tion 7122, submit to the Secretary an application for the
year.
‘‘(b) PUERTO RICO.—From the sum available for the
purpose of making grants to States under this chapter for
any fiscal year, the Secretary shall allot to the Common-
wealth of Puerto Rico an amount equal to 1.5 percent of
the sums appropriated under section 7111(a).
‘‘(c) OUTLYING AREAS.—
‘‘(1) TOTAL AVAILABLE FOR ALLOTMENT.—From
the sum available for the purpose of making grants to
States under this chapter for any fiscal year, the Sec-
retary shall allot to the outlying areas, in accordance
with paragraph (2), a total amount equal to .5 per-
cent of the sums appropriated under section 7111(a).
‘‘(2) DETERMINATION
OF
INDIVIDUAL
AREA
AMOUNTS.—From the total amount determined under
paragraph (1), the Secretary shall allot to each outly-
ing area an amount which bears the same ratio to
such amount as the total number of children and
youth who are English language learners and immi-
grant children and youth and who reside in the outly-
ing area bears to the total number of such children
and youth residing in all outlying areas that, in ac-
cordance with section 7122, submit to the Secretary
an application for the year.
‘‘(d) USE OF STATE DATA FOR DETERMINATIONS.—
For purposes of subsections (a) and (c), any determination
of the number of children and youth who are English lan-
guage learners and reside in a State shall be made using
the most recent English language learner school enrollment
data available to, and reported to the Secretary by, the
State. For purposes of such subsections, any determination
of the number of immigrant children and youth who reside
in a State shall made using the most recent data available
to, and reported to the Secretary by, the State.
‘‘(e) NO REDUCTION PERMITTED BASED ON TEACHING
METHOD.—The Secretary may not reduce a State’s allot-
ment based on the State’s selection of the immersion method
of instruction as its preferred method of teaching the
English language to children and youth who are English
language learners or immigrant children and youth.
‘‘SEC. 7125. CONSTRUCTION.
‘‘Nothing in this chapter shall be construed as requir-
ing a State or a local educational agency to establish, con-
tinue, or eliminate a program of native language instruc-
tion.
‘‘Subpart 2—Research and Dissemination
‘‘SEC. 7141. AUTHORITY.
‘‘The Secretary may conduct, through the Office of
Educational Research and Improvement, research for the
purpose of improving English language instruction for chil-
dren and youth who are English language learners and im-
migrant children and youth. Activities under this section
shall be limited to research to identify successful models for
teaching children English and distribution of research re-
sults to States for dissemination to schools with populations
of students who are English language learners. Research
conducted under this section may not focus solely on any
one method of instruction.’’.
SEC. 2. REPEAL OF EMERGENCY IMMIGRANT EDUCATION
PROGRAM.
Part C of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7541 et seq.) is repealed.
SEC. 3. ADMINISTRATION.
Part D of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7571 et seq.) is redesig-
nated as part C of such title and amended to read as fol-
lows:
‘‘PART C—ADMINISTRATION
‘‘SEC. 7301. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided
to a State under section 7123(f), each State receiving a
grant under this title annually shall report to the Secretary
on programs and activities undertaken by the State under
this title and the effectiveness of such programs and activi-
ties in improving the education provided to children and
youth who are English language learners and immigrant
children and youth.
‘‘(b) SECRETARY.—Every other year, the Secretary
shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate
a report on programs and activities undertaken by States
under this title and the effectiveness of such programs and
activities in improving the education provided to children
and youth who are English language learners and immi-
grant children and youth.
‘‘SEC. 7302. COMMINGLING OF FUNDS.
‘‘(a) ESEA FUNDS.—A person who receives Federal
funds under subpart 1 of part A may commingle such funds
with other funds the person receives under this Act so long
as the person satisfies the requirements of this Act.
‘‘(b) STATE AND LOCAL FUNDS.—Except as provided
in section 14503, a person who receives Federal funds under
subpart 1 of part A may commingle such funds with funds
the person receives under State or local law for the purpose
of teaching English to children and youth who are English
language learners and immigrant children and youth, to
the extent permitted under such State or local law, so long
as the person satisfies the requirements of this title and such
law.’’.
SEC. 4. GENERAL PROVISIONS.
Part E of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7601 et seq.) is redesig-
nated as part D of such title and amended to read as fol-
lows:
‘‘PART D—GENERAL PROVISIONS
‘‘SEC. 7401. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) CHILDREN AND YOUTH.—The term ‘children
and youth’ means individuals aged 3 through 21.
‘‘(2) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a private
nonprofit organization of demonstrated effectiveness
or Indian tribe or tribally sanctioned educational au-
thority which is representative of a community or sig-
nificant segments of a community and which provides
educational or related services to individuals in the
community. Such term includes a Native Hawaiian
or Native American Pacific Islander native language
educational organization.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) one or more local educational agencies;
‘‘(B) one or more local educational agencies
in collaboration with—
‘‘(i) an institution of higher education;
‘‘(ii) a community-based organization;
‘‘(iii) a local educational agency; or
‘‘(iv) a State; or
‘‘(C) a community-based organization or an
institution of higher education which has an ap-
plication approved by a local educational agency
to enhance an early childhood education pro-
gram or a family education program.
‘‘(4) ENGLISH LANGUAGE LEARNER.—The term
‘English language learner’, when used with reference
to an individual, means an individual—
‘‘(A) aged 3 through 21;
‘‘(B) who—
‘‘(i) was not born in the United States;
or
‘‘(ii) comes from an environment where
a language other than English is dominant
and who normally uses a language other
than English; and
‘‘(C) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language that the difficulty may deny the indi-
vidual the opportunity—
‘‘(i) to learn successfully in a class-
room where the language of instruction is
English; or
‘‘(ii) to participate fully in society.
‘‘(5) IMMIGRANT
CHILDREN
AND
YOUTH.—The
term ‘immigrant children and youth’ means individ-
uals who—
‘‘(A) are aged 3 through 21;