184
‘‘(b) USE AND COMPATIBILITY WITH OTHER DATA
SYSTEMS.—In carrying out the activities under this sec-
tion the Secretary shall—
‘‘(1) use existing data collection systems oper-
ated by the Secretary and, to the extent appropriate,
data collection systems operated by other Federal
agencies and local and State education agencies;
‘‘(2) conduct additional data collection, includ-
ing increasing sample sizes for special populations,
to augment the data collection systems described in
subparagraph A by providing information necessary
for policy analysis and program improvement re-
quired in this title; and
‘‘(3) use any independent data collection efforts
that are complementary to the data collection efforts
described in paragraphs (1) and (2).
‘‘SEC. 7036. GRANTS FOR STATE PROGRAMS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
make grants to State education agencies for data collec-
tion and dissemination activities and assistance in building
State capacity to serve limited-English-proficient students.
‘‘(b) DATA COLLECTION
AND DISSEMINATION.—
Upon application from a State educational agency, the
Secretary shall make provision for the submission and ap-
proval of a State data collection program, developed in
185
consultation with the National Cooperative Education Sta-
tistics System, for the collection, aggregation, analysis,
and publication of data and information on the State’s
population of limited-English-proficient and language-mi-
nority individuals and on the educational services provided
or available to such persons. At a minimum, States shall
provide current information and data on the language-mi-
nority and limited-English-proficient populations, includ-
ing trends in legislation, funding levels, language-minority
student data, teacher certification requirements, criteria
to identify limited English proficiency and any specific
content, delivery or performance standards related to lan-
guage-minority students.
‘‘(c) ASSISTANCE IN BUILDING STATE CAPACITY TO
SERVE
LIMITED-ENGLISH-PROFICIENT
STUDENTS.—
Grants approved under this section shall provide for train-
ing of State educational agency personnel in the design,
planning, implementation, coordination, and evaluation of
programs serving language-minority and limited-English-
proficient students, and in valid, reliable, and fair mon-
itoring of the impact of educational goals, standards, and
assessments on such students. Such activities shall include
outreach and technical assistance to tribal organizations,
rural schools, and schools with high concentrations of low-
income students in developing and submitting proposals
186
for funding of bilingual education and special alternative
instructional programs under this title.
‘‘(d) OTHER USES OF FUNDS.—State programs au-
thorized under this section may also provide for—
‘‘(1) the development or adoption of State
goals, content and performance and delivery stand-
ards, and assessments that are valid, reliable, and
fair in assessing the educational strengths and needs
of limited-English proficient and language-minority
students;
‘‘(2) the inclusion of data on limited-English
proficient and language minority students as an in-
tegrated element of the State educational agency’s
general purpose and program data systems to ensure
that adequate information on such students is in-
cluded in the design, implementation, and reporting
of such systems;
‘‘(3) the planning and development of bilingual
educational programs and special alternative instruc-
tional programs for inclusion in any State education
improvement plans, including any developed under
Goals 2000 or chapter 1;
‘‘(4) the review and evaluation of staffing, deliv-
ery standards, and other aspects of bilingual edu-
cation, special alternative instructional programs, in-
187
cluding programs that are not funded under this
title;
‘‘(5) the provision, coordination, or supervision
of training, technical and other forms of non-
financial assistance, in collaboration with the na-
tional bilingual education network, to local edu-
cational agencies, community-based organizations
and schools that serve limited-English proficient in-
dividuals;
‘‘(6) the identification and dissemination of ex-
emplary programs of bilingual education within the
State and provision for national dissemination
through the national bilingual education network, in-
cluding assistance in applying for Federal and State
programs recognizing exemplary schools or pro-
grams;
‘‘(7) the training of State and local educational
agency staff to carry out the purposes of this title
and assisting educational personnel in meeting State
and local certification requirements for bilingual
education and in content areas; and
‘‘(8) other activities and services designed to
build the capacity of the State and local educational
agencies to serve the educational needs of individuals
of limited English proficiency.
188
‘‘(e) PAYMENTS.—The Secretary shall pay from the
amounts appropriated under this part for each fiscal year
to each State educational agency which has a State pro-
gram submitted and approved under this section such
sums as may be necessary for the proper and efficient con-
duct of such State program. The amount paid by the Sec-
retary to any State educational agency under the preced-
ing sentence for any fiscal year may not be less than
$100,000 nor greater than 5 percent of the aggregate of
the amounts paid through grants authorized under part
A for programs within such State in the fiscal year preced-
ing the fiscal year to which this limitation applies.
‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section for any fiscal year shall be
used by the State educational agency to supplement and,
to the extent practical, to increase to level of funds that
would, in the absence of such funds, be made available
by the State for the purposes described in this section,
and in no case to supplant such funds.
‘‘(g) REPORT
TO
THE SECRETARY.—State edu-
cational agencies receiving grants under this section shall
provide for the annual submission of a summary report
to the Secretary containing information on such matters
as the Secretary shall, by regulation, determine necessary
and proper to achieve the purposes of this title, including
189
information on State capacity and progress in meeting the
education needs of all limited-English-proficient children,
timetables for additional action, the effect of standards
and assessments in improving their education. Such re-
ports shall be in such form and shall be submitted on such
date as the Secretary shall specify by regulation.
‘‘SEC. 7037. INSTRUCTIONAL MATERIALS DEVELOPMENT.
‘‘The Secretary shall provide grants for the develop-
ment, publication and dissemination of high quality in-
structional materials in Native American and other lan-
guages for which instructional materials are not readily
available. The Secretary shall give priority to the develop-
ment of instructional materials in languages indigenous to
the United States, its territories, and freely associated na-
tions. The Secretary shall also accord priority to applica-
tions which provide for developing and evaluating mate-
rials in collaboration with activities under parts A and C
of this title.
‘‘SEC. 7038. EVALUATION AND ASSESSMENT CENTERS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) The Secretary shall establish, through a 5-
year competitive grant program to institutions of
higher education, not less than 2 evaluation and as-
sessment centers (referred to in this title as ‘EACs’).
190
Additional centers may be established if funding for
each existing center is not less than $1,000,000.
‘‘(2) The EACs shall provide technical assist-
ance to local and State educational agencies regard-
ing methods and techniques for assessing the
strengths and needs of limited-English proficient
and language minority students and evaluating pro-
grams such as those assisted under this title, for the
purpose of improving delivery of instruction, includ-
ing the development and implementation of content,
performance and delivery standards, and assess-
ments.
‘‘(b) SERVICES.—The EACs shall provide outreach,
training, and technical assistance to State and local edu-
cational agencies and other entities conducting programs
funded under this title or similar to those funded under
this title:
‘‘(1) In accordance with the requirements of
section 7003(c), the EACs shall conduct evaluations
of a representative sample of all types of grants sup-
ported under part A of this title. In conducting these
evaluations, the EACs shall develop model evaluation
materials that are written so that they are easily un-
derstood by educators, policymakers, and the general
public; adhere to established technical standards;
191
and provide the program staff and broader commu-
nity with useful information and data for improving
instructional services for language-minority and lim-
ited-English-proficient students.
‘‘(2) EACs shall provide coordinated training
and technical assistance to State and local edu-
cational agencies in—
‘‘(A) fulfilling Federal and State evalua-
tion requirements;
‘‘(B) using program evaluations effectively
to improve instructional services to language-
minority and limited-English-proficient stu-
dents;
‘‘(C) involving parents and practitioners in
the program evaluation process;
‘‘(D) developing model evaluation designs,
strategies, and systems;
‘‘(E) developing and utilizing assessment
instruments to ensure valid, reliable, and fair
evaluations of language-minority and limited-
English-proficient student performance; and
‘‘(F) monitoring the use and impact of
standards and assessments developed pursuant
to State or local education improvement plans
including any developed under Goals 2000 or
192
chapter 1 on language-minority and limited-
English-proficient students.
‘‘SEC. 7039. MULTIFUNCTIONAL RESOURCE CENTERS.
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish, through a 5-year competitive grant program, at least
16 multifunctional resource centers (referred to in this
title as ‘MRCs’). Grants shall be awarded with consider-
ation given to the geographical and linguistic distribution
of children of limited English proficiency and the number
of projects funded under parts A and C of this title to
be served by each MRC.
‘‘(b) REQUIRED SERVICES.—
‘‘(1) Each multifunctional resource center shall
provide training and technical assistance related
to—
‘‘(A) the development and implementation
of grants under parts A and C of this Act;
‘‘(B) incorporating the results of research
into teaching practice;
‘‘(C) utilizing technology for instructional
purposes; and
‘‘(D) developing and implementing content,
delivery and performance standards, and devel-
oping and implementing family and community
involvement activities.
193
‘‘(2) In carrying out these activities MRCs
may—
‘‘(A) develop training criteria;
‘‘(B) develop software training tutorials;
‘‘(C) integrate media in preparing training
and technical assistance activities;
‘‘(D) develop training modules for ongoing
programs to train teachers, counselors, para-
professionals, school board members and ad-
ministrators; and
‘‘(E) assist successful programs in apply-
ing for local, State, or Departmental programs
which recognize school excellence and provide
technical assistance in the dissemination of in-
formation through the national clearinghouse
on bilingual education on such successful pro-
grams.
‘‘(c) TRAINING MATERIALS DEVELOPMENT AND DIS-
SEMINATION.—
‘‘(1) Each MRC, in consultation with the clear-
inghouse and the EACs, shall be responsible for de-
veloping training modules and accompanying mate-
rials with direct practical application for the im-
provement of instruction for limited-English-pro-
194
ficient and language-minority students in one of the
following areas:
‘‘(A) The role of bilingualism in schoolwide
and systemwide improvement, including partici-
pation in local, State and national goals, stand-
ards, and assessments.
‘‘(B) Bilingualism and early childhood de-
velopment.
‘‘(C) Bilingual family empowerment in
home-school partnerships.
‘‘(D) Bilingualism and special education.
‘‘(E) Bilingual gifted and talented edu-
cation.
‘‘(F) Bilingual math education.
‘‘(G) Bilingual science education.
‘‘(H) Effective bilingual programs in sec-
ondary schools.
‘‘(I) Bilingual vocational and applied tech-
nology education including the role of bilingual
skills in postsecondary education and career op-
tions.
‘‘(J) Bilingual adult education and job
training, including adult literacy and workplace
literacy programs.
195
‘‘(K) Bilingual education program adminis-
tration.
‘‘(L) Native American language conserva-
tion and development.
‘‘(M) Counseling and career education pro-
grams for limited-English-proficient students
including the role of multilingual skills in evolv-
ing economy.
‘‘(N) The role of sustained multilingual
skills in educational excellence and career op-
portunities.
‘‘(O) Bilingual career ladder programs for
teacher certification.
‘‘(P) Education technology and distance
learning in bilingual education.
‘‘(Q) Other areas identified as high need
areas in reviews by the Secretary.
‘‘(2) Each MRC shall make the training mod-
ules and materials developed under this section na-
tionally available by providing copies of such mate-
rials to the Clearinghouse and to all other MRCs.
‘‘SEC. 7040. NATIONAL CLEARINGHOUSE ON BILINGUAL
EDUCATION.
‘‘(a) 
ESTABLISHMENT.—The 
Secretary 
shall,
through a 5-year competitive grant program, provide for
196
the operation of a national clearinghouse on bilingual edu-
cation which shall collect, analyze, and disseminate infor-
mation about bilingual education and the education of lan-
guage-minority and limited-English-proficient students
and related research, policy and programs to educators,
administrators, researchers, students and their families,
and others.
‘‘(b) SERVICES.—The clearinghouse shall—
‘‘(1) establish a computerized information sys-
tem in consonance with federally funded computer
information networks, and with the Educational Re-
sources and Information Center clearinghouses. The
system shall be available to all recipients of funding
under this title and shall consist of resources and
bibliographic databases, a bulletin board, and elec-
tronic mail. The system may include information re-
lated to technology used for instructing language-mi-
nority students and their families. Access to the sys-
tem shall be available at no cost for basic services
and at-cost for additional authorized services;
‘‘(2) produce publications on a cost-shared basis
for school district and university personnel and oth-
ers involved in the education of language-minority
students and shall produce synthesis reports related
to all programs funded under this title. It shall also
197
produce and disseminate publications related to is-
sues relevant to the education of language-minority
students;
‘‘(3) offer toll-free telephone and fax service to
those interested in seeking information about the
education of language-minority students;
‘‘(4) also be involved in coordination activities
with all projects funded under this title. The clear-
inghouse shall implement an outreach program with
other information entities and with professional or-
ganizations and other Federal and State programs
providing services to limited-English-proficient and
language-minority students. The clearinghouse shall
be a vehicle for the coordination of information on
national education goals and curriculum, training
and testing efforts related to content, delivery and
performance standards affecting limited-English-
proficient and language-minority students;
‘‘(5) provide clearinghouse services the recruit-
ment of teachers and other educational personnel in
low-incidence languages and related outreach includ-
ing but not limited to, professional organizations
and educational agencies;
‘‘(6) in consultation and collaboration with
EACs and MRCs, and others, disseminate informa-
198
tion on exemplary practices from programs funded
under this title, including those recognized under
section 7040; and
‘‘(7) in collaboration with OBEMLA, partici-
pate in planning, consolidating, analyzing and dis-
seminating grantee-generated information through
computerized data bases.
‘‘SEC. 
7041. 
BLUE 
RIBBON 
BILINGUAL 
EDUCATION
SCHOOLS.
‘‘(a) ESTABLISHMENT.—Not later than six months
following enactment of this Act, the Secretary shall estab-
lish the Blue Ribbon Bilingual Education Schools Pro-
gram as part of the Blue Ribbon Schools Program to
recognize schools or programs which have established
standards of excellence in bilingual education and which
have demonstrated a high level of quality.
‘‘(b) SCHOOL AND PROGRAM SELECTION.—The Sec-
retary shall competitively select schools and programs to
be recognized from among public and private schools or
programs within the States and schools funded by the De-
partment of the Interior who have been nominated by
State or local educational agencies, tribal organizations,
professional organizations, institutions of higher edu-
cation, or community based organizations.
199
‘‘(c) RECOGNITION OF SCHOOLS OPERATING BILIN-
GUAL EDUCATION PROGRAMS.—On at least a biennial
basis the Secretary shall provide recognition of not less
than 12 schools operating bilingual education programs
that develop student proficiency in English and a second
language as ‘Blue Ribbon Bilingual Education Schools’.
Information on Blue Ribbon Bilingual Education Schools
shall be disseminated through the Blue Ribbon Schools
Program, the national bilingual education network, the
National Dissemination Network and other appropriate
entities.
‘‘PART C—BILINGUAL EDUCATION TEACHER
TRAINING
‘‘SEC. 7051. PURPOSE.
‘‘The purpose of this part is to assist in preparing
educators to improve the delivery of educational services
to 
language-minority 
and 
limited-English-
proficient students. This part supports the training of all
educational personnel to serve more effectively limited-
English-proficient students. This part provides for the
training of not less than 50,000 teachers who meet profes-
sional preparation and certification standards for bilingual
education teachers by the year 2000.
200
‘‘SEC. 7052. TRAINING FOR ALL TEACHERS PROGRAM.
‘‘(a) PURPOSE.—The purpose of this section is to
provide for the incorporation of courses and curricula on
appropriate and effective instructional and assessment
methodologies, strategies and resources specific to limited-
English-proficient and language-minority students into
education personnel preparation programs for teachers,
counselors, administrators and other education personnel.
‘‘(b) AUTHORIZATION.—The Secretary shall award
grants for up to 5 years to institutions of higher education
in consortia with local education agencies or State edu-
cation agencies or nonprofit organizations.
‘‘(c) PERMISSIBLE ACTIVITIES.—Activities conducted
under this section may include the development of inserv-
ice training programs in collaboration with training under
chapter 1, the Eisenhower Math and Science program,
Head Start and other relevant programs.
‘‘(d) PRIORITY.—The Secretary shall give priority to
applications from institutions of higher education which
currently operate, with full-time tenured faculty, programs
to prepare educators and administrators to work with lan-
guage-minority and limited-English-proficient students in
bilingual education settings. The Secretary shall give spe-
cial consideration to such programs if they train secondary
school teachers or early childhood development teachers.
201
‘‘SEC. 7053. BILINGUAL EDUCATION TEACHERS AND PER-
SONNEL GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to
provide for degree programs to prepare new bilingual edu-
cation teachers, administrators, counselors, and other edu-
cational personnel to meet high professional standards for
bilingual education teachers.
‘‘(b) AUTHORIZATION.—The Secretary shall award
grants for up to 5 years to institutions of higher education
in consortia with local or State educational agencies.
‘‘SEC. 7054. BILINGUAL EDUCATION CAREER LADDER PRO-
GRAM.
‘‘(a) PURPOSE.—The purpose of this section is to up-
grade the qualifications and skills of existing educational
personnel, especially educational paraprofessionals, to
meet high professional standards, including certification
and licensure as bilingual education teachers and other
educational personnel who serve limited-English-proficient
students, through collaborative training programs oper-
ated by institutions of higher education and local and
State educational agencies. Grants for programs under
this section may also provide for collaborative programs
operated by institutions of higher education and secondary
schools which are designed to recruit and train secondary
school students as bilingual education teachers and other
202
educational personnel to serve limited-English-proficient
students.
‘‘(b) AUTHORIZATION.—The Secretary shall award 5-
year grants for bilingual education career ladder programs
to institutions of higher education applying in consortia
with local or State educational agencies; consortia may in-
clude community-based organizations or professional edu-
cation organizations.
‘‘(c) ACTIVITIES.—Grants funded under this section
may—
‘‘(1) include the development of bilingual edu-
cation career ladder program curricula appropriate
to the needs of the consortium participants;
‘‘(2) provide assistance for stipends and costs
related to tuition, fees and books for enrolling in
courses required to complete degree and certification
requirements as bilingual education teachers; and
‘‘(3) include programs for future bilingual edu-
cation teachers consisting of activities for introduc-
tion to teaching during secondary school preceding
graduation and providing for articulation with other
activities under this section;
‘‘(d) REQUIREMENT.—Programs funded under this
section must be carried out under an articulation agree-
ment between the participants in the consortium;
203
‘‘(e) SPECIAL CONSIDERATION.—The Secretary shall
give special consideration to applications under this sec-
tion which provide for—
‘‘(1) participant completion of baccalaureate
and masters degree teacher education programs, cer-
tification and effective employment placement activi-
ties;
‘‘(2) development of teacher proficiency in Eng-
lish and a second language, including required dem-
onstration of proficiency in the instructional use of
English and a second language in classroom con-
texts;
‘‘(3) coordination with TRIO, the Teacher
Corps, National Community and Service Trust Act
and other programs for the recruitment and reten-
tion of bilingual students in secondary and post-sec-
ondary programs to train as bilingual educators; and
‘‘(4) the applicant’s contribution of additional
student financial aid to participating students.
‘‘SEC. 7055. GRADUATE FELLOWSHIPS IN BILINGUAL EDU-
CATION PROGRAM.
‘‘(a) AUTHORIZATION.—The Secretary is authorized
to award fellowships for advanced study in bilingual edu-
cation leading to a masters or doctorate degree. For fiscal
year 1994 not less than 500 fellowships leading to a mas-
204
ters or doctorate degree shall be awarded under this sec-
tion, rising each subsequent year of this authorization by
not less than 50. The Secretary shall include information
on the operation and the number of fellowships awarded
of the fellowship program in the report required under sec-
tion 7051(c) of this title.
‘‘(b) FELLOWSHIP REQUIREMENTS.—Any individual
receiving a fellowship under this section shall agree either
to repay the cost of such assistance or to work in an activ-
ity related to programs and activities such as those au-
thorized under this title in return for cancellation of a per-
centage of such debt based on years of qualifying service.
The percentage of debt for such assistance which shall be
canceled under this paragraph is at the rate of 15 percent
for each of the first and second years of such service, 20
percent for each of the third and fourth years of such serv-
ice, and 30 percent for the fifth year of such service. The
Secretary may waive this requirement in extraordinary cir-
cumstances.
‘‘(c) PRIORITY.—In making grants for fellowships,
the Secretary shall give priority to eligible applicants
with—
‘‘(1) demonstrated competence and experience
in programs and activities such as those authorized
under this Act; and
205
‘‘(2) which will fund from other sources at least
one fellowship for each three funded under this Act.
‘‘SEC. 7056. APPLICATIONS.
‘‘(a) IN GENERAL.—Each applicant or consortium
that desires to receive a grant under this part shall submit
an application to the Secretary and the State educational
agency or State board for higher education as appropriate,
at such time and in such manner as the Secretary shall
prescribe. The application shall demonstrate integration,
where appropriate, with the State and local plans, if such
plans exist, for serving limited-English-proficient students.
The State and local educational agency, and where appli-
cable the State board for higher education, may comment
in writing on the application indicating how the applica-
tion furthers State education reform activities, including
the provision of appropriate high quality education to all
language minority students. The Secretary shall take any
written comments that have been made into consideration
when considering applications under this part.
‘‘(b) ELIGIBLE ENTITIES.—
‘‘(1) A grant may be made under this part
upon application of an institution of higher edu-
cation, applying individually or jointly with one or
more local educational agencies, nonprofit organiza-
tions, or State educational agencies.
206
‘‘(2) The Secretary shall provide for outreach
and technical assistance to institutions of higher
education eligible under title III of the Higher Edu-
cation Act and tribally controlled institutions of
higher education to facilitate their participation in
activities under this part.
‘‘(c) APPLICATION REQUIREMENTS FOR BILINGUAL
TEACHER TRAINING PROGRAMS.—
‘‘(1) An application for a grant for preservice
or inservice training activities described in this part
shall be developed in consultation with an advisory
council composed of representatives of State and
local educational agencies within the applicant’s
service area or geographical region which operate
programs of bilingual education.
‘‘(2) The application shall demonstrate integra-
tion, where appropriate, with the State plan, if one
exists, for serving limited-English-proficient stu-
dents.
‘‘(d) PREFERENCE IN ASSISTANCE AND PURPOSE OF
TRAINING.—
‘‘(1) In making a grant under this part the Sec-
retary shall give preference to programs which—
‘‘(A) include tenured faculty in bilingual
education, and
207
‘‘(B) provide additional resources for such
training from other sources.
‘‘(2) In making grants under sections 7042,
7043 and 7044, the Secretary shall give special con-
sideration to programs that ensure that individuals
completing such programs demonstrate proficiency
in English and a second language.
‘‘(e) PROGRAM
REQUIREMENTS.—Activities con-
ducted under this part shall assist educational personnel
in meeting State and local certification requirements for
bilingual education and, wherever possible, shall award
college or university credit.
‘‘(f) STIPENDS.—In the terms of any arrangement
described in this part, the Secretary shall provide for the
payment, to persons participating in training programs so
described, of such stipends including allowances for sub-
sistence and other expenses for such persons and their de-
pendents) as the Secretary may determine to be consistent
with prevailing practices under comparable federally sup-
ported programs.
‘‘PART D—ADMINISTRATION
‘‘SEC. 7061. OFFICE OF BILINGUAL EDUCATION AND MINOR-
ITY LANGUAGE AFFAIRS.
‘‘(a) ESTABLISHMENT.—There shall be, in the De-
partment of Education, an Office of Bilingual Education
208
and Minority Languages Affairs (hereafter in this section
referred to as the ‘Office’) through which the Secretary
shall carry out functions relating to bilingual education
[and multilingual proficiency].
‘‘(b) ASSISTANT SECRETARY.—(1) The Office shall
be headed by an Assistant Secretary of Bilingual Edu-
cation and Minority Languages Affairs, appointed by the
Secretary, to whom the Secretary shall delegate all dele-
gable functions relating to bilingual education. The Assist-
ant Secretary shall also be assigned responsibility for rec-
ommending improvements and providing technical assist-
ance to other Federal programs serving language-minority
and limited-English-proficient students and their families.
‘‘(2) The Office shall be organized as the Assistant
Secretary determines to be appropriate in order to carry
out such functions and responsibilities effectively.
‘‘(3) The Secretary shall ensure that limited-English-
proficient and language-minority students are included in
ways that are valid, reliable and fair under all standards
and assessment development conducted or funded by the
Department.
‘‘(c) REPORT.—The Assistant Secretary shall prepare
and, not later than February 1 of each year, shall submit
to Congress, the President, the Governors, and the clear-
inghouse a report on—
209
‘‘(1) the activities carried out under this title
and their effectiveness in improving the education
provided to limited-English-proficient students;
‘‘(2) a critical synthesis of data reported by the
States pursuant to section 7035;
‘‘(3) an estimate of the number of certified bi-
lingual education personnel in the field and an esti-
mate of the number of bilingual education teachers
which will be needed for the succeeding 5 fiscal
years;
‘‘(4) the major findings of research carried out
under this title; and
‘‘(5) recommendations for further developing
the capacity of our Nation’s schools to educate effec-
tively limited-English-proficient student.
‘‘(d) ASSESSMENT OF BORDER EDUCATION.—The
Secretary shall identify effective policies for strengthening
the quality of education for all students, including limited-
English-proficient and language-minority students who re-
side near the United States border with Canada and Mex-
ico, as well as Hawaii, the Commonwealth of Puerto Rico,
the territories and freely associated nations. The report
shall include identification of—
‘‘(1) current and likely trends in student and
out-of-school youth migration in border communities
210
and the implications for school delivery of quality
education in such communities,
‘‘(2) existing procedures for the international
transfer of student records for transferring students
and options for improvement,
‘‘(3) the native language and second language
proficiency of students residing in border commu-
nities,
‘‘(4) opportunities for elementary, secondary,
and postsecondary teacher exchanges, particularly
for teachers of languages other than English, bilin-
gual and English-as-a-second-language educators, to
become familiar with the culture and languages of
students they are responsible for teaching;
‘‘(5) options for improving access to language
and other instruction through authentic materials,
live interactive broadcasts, and other electronic tech-
nology, and
‘‘(6) the need for and availability of opportuni-
ties for training in language for specific purposes for
internationally related activities including health, law
enforcement, and internationally related activity of
small business. The study may also address other
matters determined by the Secretary to be relevant.
211
A preliminary report on these issues shall be provided to
the Congress not later than 2 years after the enactment
of this Act. The final report including policy proposals for
improvements in these areas shall be provided to Congress
and the President not later than October 21, 1997.
‘‘(e) COORDINATION WITH RELATED PROGRAMS.—
‘‘(1) In order to maximize Federal efforts
aimed at serving the educational needs of children of
limited-English proficiency, the Secretary shall co-
ordinate and ensure close cooperation with other
programs serving language-minority and limited-
English-proficient students that are administered by
the Department of Education and other agencies.
The Secretary shall consult with the Secretary of
Labor, the Secretary of Health and Human Services,
the Secretary of Agriculture and other relevant
agencies to identify and eliminate barriers to appro-
priate coordination of programs that affect lan-
guage-minority and limited-English-proficient stu-
dents and their families. The Secretary shall provide
for continuing consultation and collaboration be-
tween OBEMLA and relevant programs operated by
the Department, including chapter 1, in planning,
contracts, providing joint technical assistance, pro-
viding joint field monitoring activities and in other
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relevant activities to ensure effective program coordi-
nation to provide high quality education opportuni-
ties to all language-minority and limited-English-
proficient students. In no case shall such coordina-
tion at the local, State or Federal level permit funds
under this title to be used in programs that do not
provide bilingual education or special alternative in-
structional programs for the instruction of language-
minority or limited-English-proficient students.
‘‘(2) The Secretary’s reports under section
6213 of the Augustus F. Hawkins-Robert T. Staf-
ford Elementary and Secondary School Improvement
Amendments of 1988 and under section 7051 (c) of
this Act shall include demonstration that such co-
ordination has taken place.
‘‘(f) STAFFING
REQUIREMENTS.—The Secretary
shall ensure that the Office of Bilingual Education and
Minority Language Affairs is staffed with sufficient per-
sonnel trained or with experience in bilingual education
to discharge effectively the provisions of this title.
‘‘(1) Notwithstanding section 403 of the De-
partment of Education Organization Act, the Assist-
ant Secretary may appoint not more than 7 addi-
tional employees to serve as staff without regard to
213
the provisions of title 5, United States Code, govern-
ing appointments in the competitive service.
‘‘(2) The employees appointed under paragraph
(1) may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that
title relating to classification and General Schedule
pay rates, but shall not be paid a rate that exceeds
the minimum rate of basic pay payable for GS–15
of the General Schedule.
‘‘(g) READING AND SCORING APPLICATIONS.—For
the purpose of reading and scoring applications for com-
petitive grants authorized under this title, the Secretary
shall use persons who are not employees of the Federal
Government and who are experienced and involved in bi-
lingual education including teachers, researchers, and ad-
ministrators of educational programs similar to those as-
sisted under this title. Readers and scorers of applications
for grants involving conservation of Indian languages and
other indigenous language which are subject to loss shall
include individuals with expertise in such programs. The
Secretary shall solicit nominations for application readers
from State directors of bilingual education, graduate pro-
grams of bilingual education, tribal organizations and pro-
fessional associations and shall use funds appropriated for
the programs authorized under this title to pay for the
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application reading and scoring services required by this
provision. Such readers shall serve for a period of 3 years,
with one third of the appointments expiring each year. The
Secretary shall provide relevant training for reviewers.
‘‘(h) PUBLICATION OF PROPOSALS.—The Secretary
shall publish and disseminate all requests for proposals for
programs funded under this title.
‘‘(i) TEXTBOOKS.—Nothing in this title shall be con-
strued as authorizing the Secretary to conduct or support
studies or analyses of the content of educational textbooks.
‘‘SEC. 7062. RELEASE TIME.
‘‘Professional development programs funded under
this Act shall permit use of funds for professional release
time to enable participation in programs assisted under
this part.
‘‘SEC. 7063. EDUCATION TECHNOLOGY.
‘‘Funds available under this Act may be used to pro-
vide for the acquisition or development of education tech-
nology or instructional materials, including authentic ma-
terials in languages other than English, access to and par-
ticipation in electronic networks for materials, training
and communications, and incorporation of such resources
in curricula and programs such as those funded under this
title.
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‘‘SEC. 7064. LANGUAGE AND CULTURAL INSTITUTES.
‘‘Funds provided under this title may be used to con-
duct intensified programs using native language teachers,
including summer programs that include activities of
international cooperation so that teachers of limited-Eng-
lish-proficient students better understand the students
they serve. Institutes may include provision of technology-
based training programs and development of electronic
networks for delivery of such training on an ongoing basis.
Priority shall be given to applications which include teach-
ers, counselors and administrators in secondary schools.
‘‘SEC. 7065. NOTIFICATION.
‘‘The State educational agency, when applicable, the
State Board for postsecondary education when applicable,
and the clearinghouse, and the applicable Evaluation and
Assessment Center and Multifunctional Resource Center
shall be notified within three working days of the date a
grant is made to an eligible entity within the State.
‘‘SEC. 7066. DISTRIBUTION OF FUNDING.
‘‘The Secretary shall, to the extent feasible in con-
sonance with high quality programming, allocate funds ap-
propriated in proportion to the geographical distribution
of children of limited-English-proficiency throughout the
Nation, with due regard for the relative ability of particu-
lar local and State educational agencies to carry out such
programs.
216
‘‘SEC. 7067. CONTINUED ELIGIBILITY.
‘‘Entities receiving grants under this title shall re-
main eligible for grants for subsequent activities which ex-
tend and do not duplicate those activities supported by
a previous grant under this title. In considering applica-
tions for grants under this section the Secretary shall take
into consideration the applicant’s record of accomplish-
ments under previous grants.
‘‘SEC. 7068. WITHHOLDING OF PAYMENTS.
‘‘(a) FAILURE TO COMPLY.—Whenever the Sec-
retary, after reasonable notice to the grantee and the
State educational agency and an opportunity for a hearing
on the record, finds that there has been a failure to comply
substantially with any assurances required to be given or
conditions required to be met under this chapter, the Sec-
retary shall notify such grantee of these findings and that
beginning 60 days after the date of such notification,
funding will be reduced or terminated until the Secretary
is satisfied that there is no longer any such failure to com-
ply. Until the Secretary is so satisfied, no further pay-
ments shall be made to the grantee under the part or sub-
part thereof, or payments shall be limited to entities in
the grantee consortium not affected by the failure, or pay-
ments to particular grantees shall be reduced, as the case
may be.
217
‘‘(b) NOTICE TO PUBLIC.—Upon submission to a
grantee of a notice under subsection (a) that the Secretary
is withholding payments, the Secretary shall take such ac-
tion as may be necessary to bring the withholding of pay-
ments to the attention of the public and the States.
‘‘SEC. 7069. JUDICIAL REVIEW.
‘‘If any grantee is dissatisfied with the Secretary’s
action under section 7027(f), such grantee may, within 60
days after notice of such action, file with the United States
court of appeals for the circuit in which such grantee is
located, a petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of the
court to the Secretary. The filing of such petition shall
act to suspend any withholding of funds by the Secretary
pending the judgment of the court and prior to a final
action on any review of such judgment. The Secretary,
thereupon, shall file in the court the record of the proceed-
ings on which the Secretary’s action was based, as pro-
vided in section 1254, of title 28, United States Code.
‘‘SEC. 7070. LIMITATION OF AUTHORITY.
‘‘The Secretary shall not impose restrictions on the
availability of funds authorized under this title other than
those set out in this title or other applicable Federal stat-
utes and regulations.
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‘‘PART E—TRANSITION
‘‘SEC. 7081. TRANSITION PROVISIONS.
‘‘Any grant or contract awarded under this title prior
to the effective date of these amendments shall be allowed
to complete the term of the original award in accordance
with the conditions of the original award, except, in the
case of contracts, the term shall also include applicable
option years.’’.
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