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‘‘(4) shall be administered by individuals with
expertise in bilingual education and the needs of lim-
ited English proficient students and their families.
‘‘(c) FIELD-INITIATED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall reserve
not less than 5 percent of the funds made available
to carry out this section for field-initiated research
conducted by recipients of grants under subpart 1 or
this subpart who have received such grants within the
previous 5 years. Such research may provide for lon-
gitudinal studies of students or teachers into bilingual
education, monitoring the education of such students
from entry into bilingual education through sec-
ondary school completion.
‘‘(2) APPLICATIONS.—An applicant for assist-
ance under this subsection may submit an applica-
tion for such assistance to the Secretary at the same
time as the applicant submits another application
under subpart 1 or this subpart. The Secretary shall
complete a review of such applications on a timely
basis to allow the activities carried out under research
and program grants to be coordinated when recipients
are awarded 2 or more of such grants.
‘‘(d) CONSULTATION.—The Secretary shall consult
with agencies and organizations that are engaged in bilin-
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gual education research and practice, or related research,
and bilingual education researchers and practitioners, to
identify areas of study and activities to be funded under
this section.
‘‘(e) DATA COLLECTION.—The Secretary shall provide
for the collection of data on limited English proficient stu-
dents as part of the data systems operated by the Depart-
ment.
‘‘SEC. 3123. ACADEMIC EXCELLENCE AWARDS.
‘‘(a) AUTHORITY.—The Secretary may make grants to
State educational agencies to assist the agencies in recog-
nizing local educational agencies and other public and non-
profit entities whose programs have—
‘‘(1) demonstrated significant progress in assist-
ing limited English proficient students to learn
English according to age appropriate and develop-
mentally appropriate standards; and
‘‘(2) demonstrated significant progress in assist-
ing limited English proficient children and youth to
meet, according to age appropriate and develop-
mentally appropriate standards, the same challenging
State content standards as all children and youth are
expected to meet.
‘‘(b) APPLICATIONS.—A State educational agency de-
siring a grant under this section shall include an applica-
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tion for such grant in the application submitted by the
agency under section 3124(e).
‘‘SEC. 3124. STATE GRANT PROGRAM.
‘‘(a) STATE GRANT PROGRAM.—The Secretary is au-
thorized to make an award to a State educational agency
that demonstrates, to the satisfaction of the Secretary, that
such agency, through such agency’s programs and other
Federal education programs, effectively provides for the
education of children and youth of limited English pro-
ficiency within the State.
‘‘(b) PAYMENTS.—The amount paid to a State edu-
cational agency under subsection (a) shall not exceed 5 per-
cent of the total amount awarded to local educational agen-
cies and entities within the State under subpart 1 for the
previous fiscal year, except that in no case shall the amount
paid by the Secretary to any State educational agency
under this subsection for any fiscal year be less than
$200,000.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use funds awarded under this section to—
‘‘(A) assist local educational agencies in the
State with activities that—
‘‘(i) consist of program design, capac-
ity building, assessment of student perform-
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ance, program evaluation, and development
of data collection and accountability sys-
tems for limited English proficient students;
and
‘‘(ii) are aligned with State reform ef-
forts; and
‘‘(B) collect data on the State’s limited
English proficient populations and document the
services available to all such populations.
‘‘(2) TRAINING.—The State educational agency
may also use funds provided under this section for the
training of State educational agency personnel in
educational issues affecting limited English proficient
children and youth.
‘‘(3) SPECIAL RULE.—Recipients of funds under
this section shall not restrict the provision of services
under this section to federally funded programs.
‘‘(d) STATE CONSULTATION.—A State educational
agency receiving funds under this section shall consult with
recipients of grants under this subpart and other individ-
uals or organizations involved in the development or oper-
ation of programs serving limited English proficient chil-
dren or youth to ensure that such funds are used in a man-
ner consistent with the requirements of this subpart.
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‘‘(e) APPLICATIONS.—A State educational agency de-
siring to receive funds under this section shall submit an
application to the Secretary at such time, in such form,
and containing such information and assurances as the
Secretary may require.
‘‘(f) SUPPLEMENT NOT SUPPLANT.—Federal 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 the State funds that, in
the absence of such Federal funds, would be made available
for the purposes described in this section, and in no case
to supplant such State funds.
‘‘(g) REPORT
TO
THE SECRETARY.—A State edu-
cational agency receiving an award under this section shall
provide for the annual submission of a summary report to
the Secretary describing such State’s use of the funds made
available through the award.
‘‘SEC. 3125. NATIONAL CLEARINGHOUSE FOR BILINGUAL
EDUCATION.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
and support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze, syn-
thesize, and disseminate information about bilingual edu-
cation and related programs.
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‘‘(b) FUNCTIONS.—The National Clearinghouse for Bi-
lingual Education shall—
‘‘(1) be administered as an adjunct clearinghouse
of the Educational Resources Information Center
Clearinghouses system of clearinghouses supported by
the Office of Educational Research and Improvement;
‘‘(2) coordinate activities with Federal data and
information clearinghouses and entities operating
Federal dissemination networks and systems;
‘‘(3) develop a database management and moni-
toring system for improving the operation and effec-
tiveness of federally funded bilingual education pro-
grams;
‘‘(4) develop, maintain, and disseminate a list-
ing, by geographical area, of education professionals,
parents, teachers, administrators, community mem-
bers, and others, who are native speakers of languages
other than English, for use as a resource by local edu-
cational agencies and schools in the development and
implementation of bilingual education programs; and
‘‘(5) publish, on an annual basis, a list of grant
recipients under this subpart.
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‘‘SEC. 3126. INSTRUCTIONAL MATERIALS DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary may make grants
for the development, publication, and dissemination of high-
quality instructional materials—
‘‘(1) in Native American languages (including
Native Hawaiian languages and the language of Na-
tive American Pacific Islanders), and the language of
natives of the outlying areas, for which instructional
materials are not readily available; and
‘‘(2) in other low-incidence languages in the
United States for which instructional materials are
not readily available.
‘‘(b) PRIORITY.—In making the grants, the Secretary
shall give priority to applicants for the grants who
propose—
‘‘(1) to develop instructional materials in lan-
guages indigenous to the United States or the out-
lying areas; and
‘‘(2) to develop and evaluate materials, in col-
laboration with entities carrying out activities as-
sisted under subpart 1 and this subpart, that are con-
sistent with voluntary national content standards and
challenging State content standards.
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‘‘Subpart 3—Professional Development
‘‘SEC. 3131. PURPOSE.
‘‘The purpose of this subpart is to assist in preparing
educators to improve the educational services for limited
English proficient children and youth by supporting profes-
sional development programs and the dissemination of in-
formation on appropriate instructional practices for such
children and youth.
‘‘SEC. 3132. TRAINING FOR ALL TEACHERS PROGRAM.
‘‘(a) PURPOSE.—The purpose of this section is to pro-
vide for the incorporation of courses and curricula on ap-
propriate and effective instructional and assessment meth-
odologies, strategies, and resources specific to limited
English proficient students into preservice and inservice
professional development programs for individuals who are
teachers, pupil services personnel, administrators, or other
education personnel in order to prepare such individuals
to provide effective services to limited English proficient
students.
‘‘(b) AUTHORIZATION.—
‘‘(1) AUTHORITY.—The Secretary may award
grants under this section to—
‘‘(A) local educational agencies; or
‘‘(B) 1 or more local educational agencies
in a consortium with 1 or more State edu-
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cational agencies, institutions of higher edu-
cation, or nonprofit organizations.
‘‘(2) DURATION.—Each grant awarded under
this section shall be awarded for a period of not more
than 5 years.
‘‘(c) AUTHORIZED ACTIVITIES.—
‘‘(1) 
PROFESSIONAL
DEVELOPMENT
ACTIVI-
TIES.—Grants awarded under this section shall be
used to conduct high-quality, long-term professional
development activities relating to meeting the needs of
limited English proficient students, which may
include—
‘‘(A) developing and implementing induc-
tion programs for new teachers, including pro-
grams that provide mentoring and coaching by
trained teachers, and team teaching with experi-
enced teachers;
‘‘(B) implementing school-based collabo-
rative efforts among teachers to improve instruc-
tion in core academic areas, including reading,
for students of limited English proficiency;
‘‘(C) coordinating activities with entities
carrying out other programs, such as other pro-
grams carried out under this title, title II, and
the Head Start Act;
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‘‘(D) implementing programs that support
effective teacher use of education technologies to
improve instruction and assessment;
‘‘(E) establishing and maintaining local
professional networks;
‘‘(F) developing curricular materials and
assessments for teachers that are aligned with
State and local standards and the needs of the
limited English proficient students to be served;
and
‘‘(G) carrying out such other activities as
are consistent with the purpose of this section.
‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded
under this section may be used to conduct activities
that include the development of training programs in
collaboration with entities carrying out other pro-
grams, such as other programs authorized under this
title, title II, and the Head Start Act.
‘‘SEC. 3133. BILINGUAL EDUCATION TEACHERS AND PER-
SONNEL GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to pro-
vide for—
‘‘(1) preservice and inservice professional devel-
opment for bilingual education teachers, administra-
tors, pupil services personnel, and other educational
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personnel who are either involved in, or preparing to
be involved in, the provision of educational services
for children and youth of limited English proficiency;
and
‘‘(2) national professional development institutes
that assist schools or departments of education in in-
stitutions of higher education to improve the quality
of professional development programs for personnel
serving, preparing to serve, or who may serve, chil-
dren and youth of limited English proficiency.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) GRANTS TO INSTITUTIONS OF HIGHER EDU-
CATION.—The Secretary is authorized to award
grants for a period of not more than 5 years to insti-
tutions of higher education, in consortia with State
educational agencies or local educational agencies, to
achieve the purpose of this section.
‘‘(2) GRANTS
TO
STATE
AND
LOCAL
EDU-
CATIONAL AGENCIES.—The Secretary is authorized to
award grants for a period of not more than 5 years
to State educational agencies and local educational
agencies, for inservice professional development pro-
grams.
‘‘(c) PRIORITY.—The Secretary shall give priority in
awarding grants under this section to institutions of higher
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education, in consortia with State educational agencies or
local educational agencies, that offer degree programs that
prepare new bilingual education teachers for teaching in
order to increase the availability of teachers to provide high-
quality education to limited English proficient students.
‘‘SEC. 3134. BILINGUAL EDUCATION CAREER LADDER PRO-
GRAM.
‘‘(a) PURPOSE.—The purpose of this section is—
‘‘(1) to upgrade the qualifications and skills of
noncertified educational personnel, especially edu-
cational paraprofessionals, to enable the personnel to
meet high professional standards, including standards
for certification and licensure as bilingual education
teachers or for other types of educational personnel
who serve limited English proficient students, through
collaborative training programs operated by institu-
tions of higher education and State educational agen-
cies and local educational agencies; and
‘‘(2) to help recruit and train secondary school
students as bilingual education teachers and other
types of educational personnel to serve limited
English proficient students.
‘‘(b) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants for bilingual education career ladder
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programs to institutions of higher education, in con-
sortia with State educational agencies or local edu-
cational agencies, which consortia may include com-
munity-based organizations or professional education
organizations.
‘‘(2) DURATION.—Each grant awarded under
this section shall be awarded for a period of not more
than 5 years.
‘‘(c) PERMISSIBLE
ACTIVITIES.—Grants awarded
under this section may be used—
‘‘(1) for the development of bilingual education
career ladder program curricula appropriate to the
needs of the consortium participants involved;
‘‘(2) to provide assistance for stipends and costs
related to tuition, fees, and books for enrolling in
courses required to complete the degree, and certifi-
cation or licensing requirements for bilingual edu-
cation teachers; and
‘‘(3) for programs to introduce secondary school
students to careers in bilingual education teaching
that are coordinated with other activities assisted
under this section.
‘‘(d) SPECIAL CONSIDERATION.—In awarding the
grants, the Secretary shall give special consideration to an
applicant proposing a program that provides for—
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‘‘(1) participant completion of teacher education
programs for a baccalaureate or master’s degree, and
certification requirements, which programs may in-
clude effective employment placement activities;
‘‘(2) development of teacher proficiency in
English as a second language, including developing
proficiency in the instructional use of English and, as
appropriate, a second language in classroom contexts;
‘‘(3) coordination with the Federal TRIO pro-
grams under chapter 1 of subpart 2 of part A of title
IV of the Higher Education Act of 1965, programs
under title I of the National and Community Service
Act of 1990, and other programs for the recruitment
and retention of bilingual students in secondary and
postsecondary programs to train the students to be-
come bilingual educators; and
‘‘(4) the applicant’s contribution of additional
student financial aid to participating students.
‘‘SEC. 3135. GRADUATE FELLOWSHIPS IN BILINGUAL EDU-
CATION PROGRAM.
‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Secretary may award
fellowships for master’s, doctoral, and post-doctoral
study related to instruction of children and youth of
limited English proficiency in such areas as teacher
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training, program administration, research and eval-
uation, and curriculum development, and for the sup-
port of dissertation research related to such study.
‘‘(2) INFORMATION.—The Secretary shall include
information on the operation of, and the number of
fellowships awarded under, the fellowship program in
the evaluation required under section 3138.
‘‘(b) FELLOWSHIP REQUIREMENTS.—
‘‘(1) IN GENERAL.—Any person receiving a fel-
lowship under this section shall agree to—
‘‘(A) work in an activity related to the pro-
gram or in an activity such as an activity au-
thorized under this part, including work as a bi-
lingual education teacher, for a period of time
equivalent to the period of time during which
such person receives assistance under this sec-
tion; or
‘‘(B) repay such assistance.
‘‘(2) REGULATIONS.—The Secretary shall estab-
lish in regulations such terms and conditions for such
agreement as the Secretary determines to be reason-
able and necessary and may waive the requirement of
paragraph (1) in extraordinary circumstances.
‘‘(c) PRIORITY.—In awarding fellowships under this
section the Secretary may give priority to institutions of
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higher education that demonstrate experience in assisting
fellowship recipients to find employment in the field of bi-
lingual education.
‘‘SEC. 3136. APPLICATION.
‘‘(a) IN GENERAL.—
‘‘(1) SECRETARY.—To receive an award under
this subpart, an eligible entity shall submit an appli-
cation to the Secretary at such time, in such form,
and containing such information as the Secretary
may require.
‘‘(2) CONSULTATION
AND
ASSESSMENT.—Each
such application shall contain a description of how
the applicant has consulted with, and assessed the
needs of, public and private schools serving children
and youth of limited English proficiency to determine
such schools’ need for, and the design of, the program
for which funds are sought.
‘‘(3) SPECIAL RULE.—
‘‘(A) TRAINING
PRACTICUM.—An eligible
entity who proposes to conduct a master’s- or
doctoral-level program with funds received under
this subpart shall submit an application under
this section that contains an assurance that such
program will include, as a part of the program,
a training practicum in a local school program
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serving children and youth of limited English
proficiency.
‘‘(B) WAIVER.—A recipient of a grant
under this subpart for a program may waive the
requirement that a participant in the program
participate in the training practicum, for a de-
gree candidate with significant experience in a
local school program serving children and youth
of limited English proficiency.
‘‘(4) STATE EDUCATIONAL AGENCY.—An eligible
entity that submits an application under this section,
with the exception of a school funded by the Bureau
of Indian Affairs, shall submit a copy of the applica-
tion to the appropriate State educational agency.
‘‘(b) STATE REVIEW AND COMMENTS.—
‘‘(1) DEADLINE.—The State educational agency,
not later than 45 days after receipt of such applica-
tion, shall review the application and transmit such
application to the Secretary.
‘‘(2) COMMENTS.—
‘‘(A) SUBMISSION OF COMMENTS.—Regard-
ing applications submitted under this subpart,
the State educational agency shall—
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‘‘(i) submit to the Secretary written
comments regarding all such applications;
and
‘‘(ii) submit to each eligible entity the
comments that pertain to such entity.
‘‘(B) SUBJECT.—For purposes of this sub-
part, comments shall address—
‘‘(i) how the activities to be carried out
under the award will further the academic
achievement and English proficiency of lim-
ited English proficient students served
under the award; and
‘‘(ii) how the application is consistent
with the State plan required under section
1111.
‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity
may submit to the Secretary comments that address the
comments submitted by the State educational agency.
‘‘(d) COMMENT CONSIDERATION.—In making awards
under this subpart, the Secretary shall take into consider-
ation comments made by State educational agencies.
‘‘(e) WAIVER.—Notwithstanding subsection (b), the
Secretary is authorized to waive the review requirement
specified in subsection (b) if a State educational agency can
demonstrate that such review requirement may impede such
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agency’s ability to fulfill the requirements of participation
in the program authorized in section 3124, particularly
such agency’s ability to carry out data collection efforts,
and such agency’s ability to provide technical assistance to
local educational agencies not receiving funds under this
Act.
‘‘(f) SPECIAL RULE.—
‘‘(1) OUTREACH AND TECHNICAL ASSISTANCE.—
The Secretary shall provide for outreach and tech-
nical assistance to institutions of higher education el-
igible for assistance under title III of the Higher Edu-
cation Act of 1965 and institutions of higher edu-
cation that are operated or funded by the Bureau of
Indian Affairs to facilitate the participation of such
institutions in activities under this subpart.
‘‘(2) DISTRIBUTION RULE.—In making awards
under this subpart, the Secretary, consistent with sub-
section (d), shall ensure adequate representation of
Hispanic-serving institutions that demonstrate com-
petence and experience concerning the programs and
activities authorized under this subpart and are oth-
erwise qualified.
‘‘SEC. 3137. STIPENDS.
‘‘The Secretary shall provide, for persons participating
in training programs under this subpart, for the payment
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of such stipends (including allowances for subsistence and
other expenses for such persons and their dependents), as
the Secretary determines to be appropriate.
‘‘SEC. 3138. PROGRAM EVALUATIONS.
‘‘Each recipient of funds under this subpart for a pro-
gram shall annually conduct an evaluation of the program
and submit to the Secretary a report containing the evalua-
tion. Such report shall include information on—
‘‘(1) the number of participants served through
the program, the number of participants who com-
pleted program requirements, and the number of par-
ticipants who took positions in an instructional set-
ting with limited English proficient students;
‘‘(2) the effectiveness of the program in impart-
ing the professional skills necessary for participants
to achieve the objectives of the program; and
‘‘(3) the teaching effectiveness of graduates of the
program or other participants who have completed
the program.
‘‘SEC. 3139. USE OF FUNDS FOR SECOND LANGUAGE COM-
PETENCE.
‘‘Awards under this subpart may be used to develop
a program participant’s competence in a second language
for use in instructional programs.
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‘‘PART B—FOREIGN LANGUAGE ASSISTANCE
PROGRAM
‘‘SEC. 3201. SHORT TITLE.
‘‘This part may be cited as the ‘Foreign Language As-
sistance Act of 1994’.
‘‘SEC. 3202. PROGRAM AUTHORIZED.
‘‘(a) PROGRAM AUTHORITY.—
‘‘(1) IN
GENERAL.—The Secretary shall make
grants, on a competitive basis, to State educational
agencies or local educational agencies to pay the Fed-
eral share of the cost of innovative model programs
providing for the establishment, improvement or ex-
pansion of foreign language study for elementary
school and secondary school students.
‘‘(2) DURATION.—Each grant under paragraph
(1) shall be awarded for a period of 3 years.
‘‘(b) REQUIREMENTS.—
‘‘(1) GRANTS
TO
STATE
EDUCATIONAL
AGEN-
CIES.—In awarding a grant under subsection (a) to
a State educational agency, the Secretary shall sup-
port programs that promote systemic approaches to
improving foreign language learning in the State.
‘‘(2) GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—In awarding a grant under subsection (a) to
a local educational agency, the Secretary shall sup-
port programs that—
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‘‘(A) show the promise of being continued
beyond the grant period;
‘‘(B) demonstrate approaches that can be
disseminated and duplicated in other local edu-
cational agencies; and
‘‘(C) may include a professional develop-
ment component.
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share for each
fiscal year shall be 50 percent.
‘‘(2) WAIVER.—The Secretary may waive the re-
quirement of paragraph (1) for any local educational
agency which the Secretary determines does not have
adequate resources to pay the non-Federal share of the
cost of the activities assisted under this part.
‘‘(3) SPECIAL RULE.—Not less than 3⁄4 of the
funds appropriated under section 3205 shall be used
for the expansion of foreign language learning in the
elementary grades.
‘‘(4) RESERVATION.—The Secretary may reserve
not more than 5 percent of funds appropriated under
section 3205 to evaluate the efficacy of programs
under this part.
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‘‘SEC. 3203. APPLICATIONS.
‘‘(a) IN GENERAL.—Any State educational agency or
local educational agency desiring a grant under this part
shall submit an application to the Secretary at such time,
in such form, and containing such information and assur-
ances as the Secretary may require.
‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall
give special consideration to applications describing pro-
grams that—
‘‘(1) include intensive summer foreign language
programs for professional development;
‘‘(2) link non-native English speakers in the
community with the schools in order to promote two-
way language learning;
‘‘(3) promote the sequential study of a foreign
language for students, beginning in elementary
schools;
‘‘(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
‘‘(5) promote innovative activities such as for-
eign language immersion, partial foreign language
immersion, or content-based instruction; and
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‘‘(6) are carried out through a consortium com-
prised of the agency receiving the grant and an ele-
mentary school or secondary school.
‘‘SEC. 3204. ELEMENTARY SCHOOL FOREIGN LANGUAGE IN-
CENTIVE PROGRAM.
‘‘(a) INCENTIVE PAYMENTS.—From amounts appro-
priated under section 3205 the Secretary shall make an in-
centive payment for each fiscal year to each public elemen-
tary school that provides to students attending such school
a program designed to lead to communicative competency
in a foreign language.
‘‘(b) AMOUNT.—The Secretary shall determine the
amount of the incentive payment under subsection (a) for
each public elementary school for each fiscal year on the
basis of the number of students participating in a program
described in such subsection at such school for such year
compared to the total number of such students at all such
schools in the United States for such year.
‘‘(c) REQUIREMENT.—The Secretary shall consider a
program to be designed to lead to communicative com-
petency in a foreign language if such program is com-
parable to a program that provides not less than 45 minutes
of instruction in a foreign language not less than 4 days
per week throughout an academic year.
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‘‘SEC. 3205. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $35,000,000
for the fiscal year 2002, and such sums as may be necessary
for each of the 6 succeeding fiscal years, to carry out this
part, of which not more than $20,000,000 may be used in
each fiscal year to carry out section 3204.
‘‘PART C—EMERGENCY IMMIGRANT EDUCATION
PROGRAM
‘‘SEC. 3301. PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the education of our Nation’s children and
youth is 1 of the most sacred government responsibil-
ities;
‘‘(2) local educational agencies have struggled to
fund adequately education services;
‘‘(3) in the case of Plyler v. Doe, 457 U.S. 202
(1982), the Supreme Court held that States have a re-
sponsibility under the Equal Protection Clause of the
Constitution to educate all children, regardless of im-
migration status; and
‘‘(4) immigration policy is solely a responsibility
of the Federal Government.
‘‘(b) PURPOSE.—The purpose of this part is to assist
eligible local educational agencies that experience unexpect-
edly large increases in their student population due to im-
migration to—
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‘‘(1) provide high-quality instruction to immi-
grant children and youth; and
‘‘(2) help such children and youth—
‘‘(A) with their transition into American
society; and
‘‘(B) meet the same challenging State per-
formance standards expected of all children and
youth.
‘‘SEC. 3302. STATE ADMINISTRATIVE COSTS.
‘‘For any fiscal year, a State educational agency may
reserve not more than 1.5 percent (2 percent if the State
educational agency distributes funds received under this
part to local educational agencies on a competitive basis)
of the amount allocated to such agency under section 3304
to pay the costs of performing such agency’s administrative
functions under this part.
‘‘SEC. 3303. WITHHOLDING.
‘‘Whenever the Secretary, after providing reasonable
notice and opportunity for a hearing to any State edu-
cational agency, finds that there is a failure to meet the
requirement of any provision of this part, the Secretary
shall notify that agency that further payments will not be
made to the agency under this part, or in the discretion
of the Secretary, that the State educational agency shall not
make further payments under this part to specified local
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educational agencies whose actions cause or are involved in
such failure until the Secretary is satisfied that there is no
longer any such failure to comply. Until the Secretary is
so satisfied, no further payments shall be made to the State
educational agency under this part, or payments by the
State educational agency under this part shall be limited
to local educational agencies whose actions did not cause
or were not involved in the failure, as the case may be.
‘‘SEC. 3304. STATE ALLOCATIONS.
‘‘(a) PAYMENTS.—The Secretary shall, in accordance
with the provisions of this section, make payments to State
educational agencies for each of the fiscal years 2002
through 2008 for the purpose set forth in section 3301.
‘‘(b) ALLOCATIONS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c) and (d), of the amount appropriated for
each fiscal year for this part, each State participating
in the program assisted under this part shall receive
an allocation equal to the proportion of such State’s
number of immigrant children and youth who are en-
rolled in public elementary schools or secondary
schools under the jurisdiction of each local edu-
cational agency described in paragraph (2) within
such State, and in nonpublic elementary schools or
secondary schools within the district served by each
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such local educational agency, relative to the total
number of immigrant children and youth so enrolled
in all the States participating in the program as-
sisted under this part.
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—The local educational agencies referred to in
paragraph (1) are those local educational agencies in
which the sum of the number of immigrant children
and youth who are enrolled in public elementary
schools or secondary schools under the jurisdiction of
such agencies, and in nonpublic elementary schools or
secondary schools within the districts served by such
agencies, during the fiscal year for which the pay-
ments are to be made under this part, is equal to—
‘‘(A) at least 500; or
‘‘(B) at least 3 percent of the total number
of students enrolled in such public or nonpublic
schools during such fiscal year,
whichever is less.
‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND
YOUTH.—
‘‘(1) IN GENERAL.—Determinations by the Sec-
retary under this section for any period with respect
to the number of immigrant children and youth shall
be made on the basis of data or estimates provided to
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the Secretary by each State educational agency in ac-
cordance with criteria established by the Secretary,
unless the Secretary determines, after notice and op-
portunity for a hearing to the affected State edu-
cational agency, that such data or estimates are clear-
ly erroneous.
‘‘(2) SPECIAL
RULE.—No such determination
with respect to the number of immigrant children and
youth shall operate because of an underestimate or
overestimate to deprive any State educational agency
of the allocation under this section that such State
would otherwise have received had such determination
been made on the basis of accurate data.
‘‘(d) REALLOCATION.—Whenever the Secretary deter-
mines that any amount of a payment made to a State
under this part for a fiscal year will not be used by such
State for carrying out the purpose for which the payment
was made, the Secretary shall make such amount available
for carrying out such purpose to 1 or more other States
to the extent the Secretary determines that such other States
will be able to use such additional amount for carrying out
such purpose. Any amount made available to a State from
any appropriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this part, be re-
garded as part of such State’s payment (as determined
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under subsection (b)) for such year, but shall remain avail-
able until the end of the succeeding fiscal year.
‘‘(e) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this part, if the amount appropriated to
carry out this part exceeds $50,000,000 for a fiscal
year, a State educational agency may reserve not
more than 20 percent of such agency’s payment under
this part for such year to award grants, on a com-
petitive basis, to local educational agencies within the
State as follows:
‘‘(A) AGENCIES WITH IMMIGRANT CHILDREN
AND YOUTH.—At least 1⁄2 of such grants shall be
made available to eligible local educational agen-
cies (as described in subsection (b)(2)) within the
State with the highest numbers and percentages
of immigrant children and youth.
‘‘(B) AGENCIES WITH A SUDDEN INFLUX OF
CHILDREN AND YOUTH.—Funds reserved under
this paragraph and not made available under
subparagraph (A) may be distributed to local
educational agencies within the State experi-
encing a sudden influx of immigrant children
and youth which are otherwise not eligible for
assistance under this part.
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‘‘(2) USE OF GRANT FUNDS.—Each local edu-
cational agency receiving a grant under paragraph
(1) shall use such grant funds to carry out the activi-
ties described in section 3307.
‘‘(3) INFORMATION.—Local educational agencies
with the highest number of immigrant children and
youth receiving funds under paragraph (1) may make
information available on serving immigrant children
and youth to local educational agencies in the State
with sparse numbers of such children.
‘‘SEC. 3305. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary
at such time, in such manner, and containing or accom-
panied by such information, as the Secretary may reason-
ably require. Each such application shall—
‘‘(1) provide that the educational programs, serv-
ices, and activities for which payments under this
part are made will be administered by or under the
supervision of the agency;
‘‘(2) provide assurances that payments under
this part will be used for purposes set forth in sections
3301 and 3307, including a description of how local
educational agencies receiving funds under this part
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will use such funds to meet such purposes and will co-
ordinate with other programs assisted under this Act,
and other Acts as appropriate;
‘‘(3) provide an assurance that local educational
agencies receiving funds under this part will coordi-
nate the use of such funds with programs assisted
under part A or title I;
‘‘(4) provide assurances that such payments,
with the exception of payments reserved under section
3304(e), will be distributed among local educational
agencies within that State on the basis of the number
of immigrant children and youth counted with respect
to each such local educational agency under section
3304(b)(1);
‘‘(5) provide assurances that the State edu-
cational agency will not finally disapprove in whole
or in part any application for funds received under
this part without first affording the local educational
agency submitting an application for such funds rea-
sonable notice and opportunity for a hearing;
‘‘(6) provide for making such reports as the Sec-
retary may reasonably require to perform the Sec-
retary’s functions under this part;
‘‘(7) provide assurances—
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‘‘(A) that to the extent consistent with the
number of immigrant children and youth en-
rolled in the nonpublic elementary schools or sec-
ondary schools within the district served by a
local educational agency, such agency, after con-
sultation with appropriate officials of such
schools, shall provide for the benefit of such chil-
dren and youth secular, neutral, and nonideolog-
ical services, materials, and equipment necessary
for the education of such children and youth;
‘‘(B) that the control of funds provided
under this part to any materials, equipment,
and property repaired, remodeled, or constructed
with those funds shall be in a public agency for
the uses and purpose provided in this part, and
a public agency shall administer such funds and
property; and
‘‘(C) that the provision of services pursuant
to this paragraph shall be provided by employees
of a public agency or through contract by such
public agency with a person, association, agency,
or corporation who or which, in the provision of
such services, is independent of such nonpublic
elementary school or secondary school and of any
religious organization, and such employment or
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contract shall be under the control and super-
vision of such public agency, and the funds pro-
vided under this paragraph shall not be commin-
gled with State or local funds;
‘‘(8) provide that funds reserved under section
3304(e) be awarded on a competitive basis based on
merit and need in accordance with such section; and
‘‘(9) provide an assurance that State educational
agencies and local educational agencies receiving
funds under this part will comply with the require-
ments of section 1120(b).
‘‘(b) APPLICATION REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall review
all applications submitted pursuant to this section by
State educational agencies.
‘‘(2) APPROVAL.—The Secretary shall approve
any application submitted by a State educational
agency that meets the requirements of this section.
‘‘(3) DISAPPROVAL.—The Secretary shall dis-
approve any application submitted by a State edu-
cational agency which does not meet the requirements
of this section, but shall not finally disapprove an ap-
plication except after providing reasonable notice,
technical assistance, and an opportunity for a hear-
ing to the State.
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‘‘SEC. 3306. ADMINISTRATIVE PROVISIONS.
‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not
later than June 1 of each year, shall notify each State edu-
cational agency that has an application approved under
section 3305 of the amount of such agency’s allocation
under section 3304 for the succeeding year.
‘‘(b) SERVICES
TO CHILDREN ENROLLED
IN NON-
PUBLIC SCHOOLS.—If by reason of any provision of law
a local educational agency is prohibited from providing
educational services for children enrolled in nonpublic ele-
mentary schools and secondary schools, as required by sec-
tion 3305(a)(7), or if the Secretary determines that a local
educational agency has substantially failed or is unwilling
to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive
such requirement and shall arrange for the provision of
services, subject to the requirements of this part, to such
children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in ac-
cordance with the provisions of title I.
‘‘SEC. 3307. USES OF FUNDS.
‘‘(a) USE OF FUNDS.—Funds awarded under this part
shall be used to pay for enhanced instructional opportuni-
ties for immigrant children and youth, which may
include—
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‘‘(1) family literacy, parent outreach, and train-
ing activities designed to assist parents to become ac-
tive participants in the education of their children;
‘‘(2) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to immigrant children
and youth;
‘‘(3) tutorials, mentoring, and academic or ca-
reer counseling for immigrant children and youth;
‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program;
‘‘(5) basic instructional services which are di-
rectly attributable to the presence in the school dis-
trict of immigrant children, including the costs of
providing additional classroom supplies, overhead
costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as
are directly attributable to such additional basic in-
structional services; and
‘‘(6) such other activities, related to the purpose
of this part, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that re-
ceives a grant under this part may collaborate or form a
consortium with 1 or more local educational agencies, insti-
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tutions of higher education, and nonprofit organizations to
carry out the program described in an application ap-
proved under this part.
‘‘(c) SUBGRANTS.—A local educational agency that re-
ceives a grant under this part may, with the approval of
the Secretary, make a subgrant to, or enter into a contract
with, an institution of higher education, a nonprofit orga-
nization, or a consortium of such entities to carry out a
program described in an application approved under this
part, including a program to serve out-of-school youth.
‘‘(d) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing immigrant children simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 3308. REPORTS.
‘‘(a) BIENNIAL REPORT.—Each State educational
agency receiving funds under this part shall submit, once
every 2 years, a report to the Secretary concerning the ex-
penditure of funds by local educational agencies under this
part. Each local educational agency receiving funds under
this part shall submit to the State educational agency such
information as may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub-
mit, once every 2 years, a report to the appropriate commit-
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tees of the Congress concerning programs assisted under this
part.
‘‘SEC. 3309. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $200,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
6 succeeding fiscal years.
‘‘PART D—STATE AND LOCAL GRANTS FOR
LANGUAGE MINORITY STUDENTS
‘‘SEC. 3321. POLICY AND PURPOSE.
‘‘(a) POLICY.—It is the policy of the United States
that, in order to ensure equal educational opportunity for
all children and youth, and to promote educational excel-
lence, the Federal Government should—
‘‘(1) assist States and, through the States, local
educational agencies and schools to build their capac-
ity to establish, implement, and sustain programs of
instruction and English language development for
limited English proficient students;
‘‘(2) hold States and, through the States, local
educational agencies and schools accountable for in-
creases in English proficiency and core content
knowledge among limited English proficient students;
and
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‘‘(3) promote parental and community partici-
pation in programs for limited English proficient
students.
‘‘(b) PURPOSES.—The purposes of this part are—
‘‘(1) to assist all limited English proficient stu-
dents, including recent immigrant students, to attain
English proficiency as quickly and as effectively as
possible;
‘‘(2) to assist all limited English proficient stu-
dents, including recent immigrant students, to achieve
at high levels in the core academic subjects so that
those students can meet the same challenging State
content and student performance standards as all stu-
dents are expected to meet, as required by section
1111(b)(1); and
‘‘(3) to provide the assistance described in para-
graphs (1) and (2) by—
‘‘(A) streamlining language instruction edu-
cational programs into a program carried out
through performance-based grants for State and
local educational agencies to help limited
English proficient students, including recent im-
migrant students, develop proficiency in English
as quickly and as effectively as possible, while
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meeting State content and student performance
standards as required by section 1111(b)(1);
‘‘(B) requiring States and, through the
States, local educational agencies and schools
to—
‘‘(i) demonstrate improvements in the
English proficiency of limited English pro-
ficient students each fiscal year; and
‘‘(ii) make adequate yearly progress
with limited English proficient students, in-
cluding recent immigrant students, as de-
scribed in section 1111(b)(2); and
‘‘(C) providing State educational agencies
and local educational agencies with the flexi-
bility to implement the instructional programs,
tied to scientifically based research, that the
agencies believe to be the most effective for teach-
ing English.
‘‘SEC. 3322. DEFINITIONS.
‘‘Except as otherwise provided, in this part:
‘‘(1) CORE ACADEMIC SUBJECTS.—The term ‘core
academic subjects’ has the meaning given the term in
section 2102.
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‘‘(2) IMMIGRANT
CHILDREN
AND
YOUTH.—The
term ‘immigrant children and youth’ means individ-
uals who—
‘‘(A) are aged 3 through 21;
‘‘(B) were not born in any State; and
‘‘(C) have not been attending 1 or more
schools in any 1 or more States for more than
3 full academic years.
‘‘(3) LANGUAGE
INSTRUCTION
EDUCATIONAL
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instructional course—
‘‘(A) in which a limited English proficient
student is placed for the purpose of developing
proficiency in English as quickly and as effec-
tively as possible, while meeting State content
and student performance standards as required
by section 1111(b)(1); and
‘‘(B) which may make instructional use of
both English and a student’s native language to
develop English proficiency as quickly and as ef-
fectively as possible, and may include the par-
ticipation of English proficient students if such
course is designed to enable all participating stu-
dents to become proficient in English and a sec-
ond language.
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‘‘(4) LIMITED ENGLISH PROFICIENT STUDENT.—
The term ‘limited English proficient student’ means
an individual—
‘‘(A) who is aged 3 through 21;
‘‘(B) who is enrolled or preparing to enroll
in an elementary school or secondary school;
‘‘(C)(i) who was not born in the United
States or whose native language is a language
other than English, and who comes from an en-
vironment where a language other than English
is dominant;
‘‘(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
‘‘(II) who comes from an environment
where a language other than English has had a
significant impact on such individual’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 language
other than English is dominant; and
‘‘(D) who has sufficient difficulty speaking,
reading, writing, or understanding the English
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language, and whose difficulties may deny the
individual—
‘‘(i) the ability to meet the State’s pro-
ficient level of performance on State assess-
ments described in section 1111(b)(3);
‘‘(ii) the opportunity to learn success-
fully in classrooms where the language of
instruction is English; or
‘‘(iii) the opportunity to participate
fully in society.
‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ includes a consortium of
such agencies.
‘‘(6) NATIVE LANGUAGE.—The term ‘native lan-
guage’, used with reference to a limited English pro-
ficient student, means the language normally used by
the parents of the student.
‘‘(7) SCIENTIFICALLY
BASED
RESEARCH.—The
term ‘scientifically based research’, used with respect
to an activity or program authorized under this part,
means an activity or program based on specific strat-
egies and implementation of such strategies that,
based on sound educational theory, research, and an
evaluation (including a comparison of program char-
acteristics), are effective in improving student
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achievement and performance and other program ob-
jectives.
‘‘(8) SPECIALLY QUALIFIED AGENCY.—The term
‘specially qualified agency’ means a local educational
agency in a State that does not participate in a pro-
gram under this part for a fiscal year.
‘‘(9) STATE.—The term ‘State’ means each of the
50 States of the United States and the District of Co-
lumbia.
‘‘SEC. 3323. PROGRAM AUTHORIZED.
‘‘(a) GRANTS
AUTHORIZED.—The Secretary shall
award grants, from allotments under subsection (b), to each
State having a State plan approved under section 3325(c),
to enable the State to help limited English proficient stu-
dents become proficient in English.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under 3003(b) to carry out this part for each
fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Secretary of the Interior for ac-
tivities approved by the Secretary of Education,
consistent with this part, in schools operated or
supported by the Bureau of Indian Affairs, on
the basis of their respective needs;
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‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs for assist-
ance under this part as determined by the Sec-
retary, for activities, approved by the Secretary,
consistent with this part;
‘‘(C) 1⁄2 of 1 percent of such amount for
payments to the Commonwealth of Puerto Rico,
for activities, approved by the Secretary, con-
sistent with this part;
‘‘(D) 6 percent of such amount to carry out
national activities under section 3332; and
‘‘(E) such sums as may be necessary to
make continuation awards under paragraph (4).
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), from the amount appro-
priated under 3003(b) for any fiscal year that
remains after making reservations under para-
graph (1), the Secretary shall allot to each State
having a State plan approved under section
3325(c)—
‘‘(i) an amount that bears the same re-
lationship to 67 percent of the remainder as
the number of limited English proficient
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students in the State bears to the number of
such students in all States; and
‘‘(ii) an amount that bears the same
relationship to 33 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.
‘‘(B) MINIMUM
ALLOTMENTS.—No State
shall receive an allotment under this paragraph
that is less than 1⁄2 of 1 percent of the amount
available for allotments under this paragraph.
‘‘(3) DATA.—For purposes of paragraph (2), for
the purpose of determining the number of limited
English proficient students in a State and in all
States, and the number of immigrant children and
youth in a State and in all States, for each fiscal
year, the Secretary shall use data that will yield the
most accurate, up-to-date numbers of such students,
which may include—
‘‘(A) data available from the Bureau of the
Census; or
‘‘(B) data submitted to the Secretary by the
States.
‘‘(4) CONTINUATION AWARDS.—
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‘‘(A) IN
GENERAL.—Before making allot-
ments to States under paragraph (2) for any fis-
cal year, the Secretary shall use the sums re-
served under paragraph (1)(E) to make continu-
ation awards to recipients who received grants
or fellowships for the fiscal year before the first
fiscal year described in section 3003(b) under—
‘‘(i) subparts 1 and 3 of part A of title
VII (as in effect on the day before the effec-
tive date of the Better Education for Stu-
dents and Teachers Act); or
‘‘(ii) subparts 1 and 3 of part A.
‘‘(B) USE OF FUNDS.—The Secretary shall
make the grants in order to allow such recipients
to receive awards for the complete period of their
grants or fellowships under the appropriate sub-
parts.
‘‘(c) DIRECT
AWARDS
TO
SPECIALLY
QUALIFIED
AGENCIES.—
‘‘(1) NONPARTICIPATING STATE.—If a State edu-
cational agency chooses not to participate in a pro-
gram under this part for a fiscal year, or fails to sub-
mit an approvable application under section 3325 for
a fiscal year, a specially qualified agency in such
State desiring a grant under this part for the fiscal
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year shall apply directly to the Secretary to receive
a grant under this subsection.
‘‘(2) DIRECT
AWARDS.—The Secretary may
award, on a competitive basis, the amount the State
educational agency is eligible to receive under sub-
section (b)(2) directly to specially qualified agencies
in the State desiring a grant under this part and
having an application approved under section
3325(c).
‘‘(3) 
ADMINISTRATIVE
FUNDS.—A 
specially
qualified agency that receives a direct grant under
this subsection may use not more than 1 percent of
the grant funds for a fiscal year for the administra-
tive costs of carrying out this part.
‘‘(d) REALLOTMENT.—Whenever the Secretary deter-
mines that any amount of a payment made to a State or
specially qualified agency under this part for a fiscal year
will not be used by the State or agency for the purpose for
which the payment was made, the Secretary shall, in ac-
cordance with such rules as the Secretary determines to be
appropriate, make such amount available to other States
or specially qualified agencies for carrying out that pur-
pose.
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‘‘SEC. 3324. WITHIN-STATE ALLOCATIONS.
‘‘(a) GRANT AWARDS.—Each State educational agency
receiving a grant under this part for a fiscal year shall
use a portion equal to at least 95 percent of the agency’s
allotment under section 3323(b)(2)—
‘‘(1) to award grants, from allocations under
subsection (b), to local educational agencies in the
State to carry out the activities described in section
3327(b); and
‘‘(2) to make grants under subsection (c) to local
educational agencies in the State that are described
in that subsection to carry out the activities described
in section 3327(c).
‘‘(b) ALLOCATION FORMULA.—
‘‘(1) IN
GENERAL.—After making the reserva-
tions under subsection (c), each State educational
agency receiving a grant under section 3323(b)(2)
shall award grants for a fiscal year by allocating to
each local educational agency in the State having a
plan approved under section 3326 an amount that
bears the same relationship to the portion described in
subsection (a)(1) and remaining after the reservations
as the population of limited English proficient stu-
dents in schools served by the local educational agency
bears to the population of limited English proficient
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students in schools served by all local educational
agencies in the State.
‘‘(2) AMOUNT OF GRANTS.—A State shall not
award a grant from an allocation made under this
subsection in an amount of less than $10,000.
‘‘(c) RESERVATIONS.—
‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGENCIES
THAT EXPERIENCE SUBSTANTIAL INCREASES IN IMMI-
GRANT CHILDREN AND YOUTH.—
‘‘(A) IN
GENERAL.—A State educational
agency receiving a grant under this part for a
fiscal year shall reserve a portion equal to not
more than 15 percent of the agency’s allotment
under section 3323(b)(2) to award grants to local
educational agencies in the State that experience
a substantial increase in the number of immi-
grant children and youth enrolled in public ele-
mentary schools and secondary schools under the
jurisdiction of the agencies.
‘‘(B) SUBSTANTIAL
INCREASE.—For the
purpose of this paragraph, the term ‘substantial
increase’, used with respect to the number of im-
migrant children and youth enrolled in schools
for a fiscal year, means—
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‘‘(i) an increase of not less than 20
percent, or of not fewer than 50 individuals,
in the number of such children and youth so
enrolled, relative to the preceding year; or
‘‘(ii) an increase of not less than 20
percent in such number, relative to the pre-
ceding year, in the case of a local edu-
cational agency that has limited or no expe-
rience in serving limited English proficient
students.
‘‘(2) 
STATE
ACTIVITIES.—Each 
State 
edu-
cational agency receiving a grant under this part
may reserve not more than 5 percent of the agency’s
allotment under section 3323(b)(2) to carry out State
activities described in the State plan submitted under
section 3325.
‘‘(3) ADMINISTRATIVE
EXPENSES.—From the
amount reserved under paragraph (2), a State edu-
cational agency may use not more than 2 percent for
the planning costs and administrative costs of car-
rying out the State activities described in the State
plan and providing grants to local educational agen-
cies.
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‘‘SEC. 3325. STATE AND SPECIALLY QUALIFIED AGENCY
PLANS.
‘‘(a) PLAN REQUIRED.—Each State educational agen-
cy and specially qualified agency desiring a grant under
this part shall submit a plan to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require.
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall—
‘‘(1) describe how the State or specially qualified
agency will establish standards and benchmarks for
English language proficiency that are derived from
the 4 recognized domains of speaking, listening, read-
ing, and writing, and that are aligned with achieve-
ment of the State content and student performance
standards described in section 1111(b)(1);
‘‘(2) contain an assurance that the—
‘‘(A) State educational agency consulted
with local educational agencies, education-related
community groups and nonprofit organizations,
parents, teachers, school administrators, and sec-
ond language acquisition specialists, in setting
the performance objectives; or
‘‘(B) specially qualified agency consulted
with education-related community groups and
nonprofit organizations, parents, teachers, and
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second language acquisition specialists, in set-
ting the performance objectives described in sec-
tion 3329;
‘‘(3) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will hold
local educational agencies and elementary schools
and secondary schools accountable for—
‘‘(i) meeting all performance objectives
described in section 3329;
‘‘(ii) making adequate yearly progress
with limited English proficient students as
described in section 1111(b)(2); and
‘‘(iii) annually measuring the English
language proficiency of limited English pro-
ficient students, so that such students served
by the programs carried out under this part
develop proficiency in English as quickly
and as effectively as possible, while meeting
State content and student performance
standards as required by section 1111(b)(1);
and
‘‘(B) in the case of a specially qualified
agency, the agency will hold elementary schools
and secondary schools accountable for—
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‘‘(i) meeting all performance objectives
described in section 3329;
‘‘(ii) making adequate yearly progress
with limited English proficient students as
described in section 1111(b)(2); and
‘‘(iii) annually measuring the English
language proficiency of limited English pro-
ficient students, so that such students served
by the programs carried out under this part
develop proficiency in English as quickly
and as effectively as possible, while meeting
State content and student performance
standards as required by section 1111(b)(1);
‘‘(4) in the case of a specially qualified agency,
describe the activities for which assistance is sought,
and how the activities will increase the effectiveness
with which students develop proficiency in English as
quickly and as effectively as possible, while meeting
State content and student performance standards as
required by section 1111(b)(1);
‘‘(5) in the case of a State educational agency,
describe how local educational agencies in the State
will be given the flexibility to teach limited English
proficient students—
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‘‘(A) using a language instruction cur-
riculum that is tied to scientifically based re-
search and has been demonstrated to be effective;
and
‘‘(B) in the manner the local educational
agencies determine to be the most effective; and
‘‘(6) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will, if
requested—
‘‘(i) provide technical assistance to
local educational agencies and elementary
schools and secondary schools for the pur-
poses of identifying and implementing lan-
guage instruction educational programs and
curricula that are tied to scientifically
based research;
‘‘(ii) provide technical assistance to
local educational agencies and elementary
schools and secondary schools for the pur-
poses of helping limited English proficient
students meet the same challenging State
content standards and challenging State
student performance standards as all stu-
dents are expected to meet;
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‘‘(iii) provide technical assistance to
local educational agencies and elementary
schools and secondary schools to identify or
develop and implement measures of English
language proficiency; and
‘‘(iv) provide technical assistance to
local educational agencies and elementary
schools and secondary schools for the pur-
poses of promoting parental and commu-
nity participation in programs that serve
limited English proficient students; and
‘‘(B) in the case of a specially qualified
agency, the specially qualified agency will—
‘‘(i) provide technical assistance to ele-
mentary schools and secondary schools
served by the specially qualified agency for
the purposes of identifying and imple-
menting programs and curricula that are
tied to scientifically based research; and
‘‘(ii) provide technical assistance to el-
ementary schools and secondary schools
served by the specially qualified agency for
the purposes described in clauses (ii), (iii),
and (iv) of subparagraph (A).
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‘‘(c) APPROVAL.—The Secretary, after using a peer re-
view process, shall approve a State plan or a specially
qualified agency plan if the plan meets the requirements
of this section, and holds reasonable promise of achieving
the purposes described in section 3321(b).
‘‘(d) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan or specially
qualified agency plan shall—
‘‘(A) remain in effect for the duration of the
State educational agency’s or specially qualified
agency’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State educational agency or specially
qualified agency, as necessary, to reflect changes
to the State’s or specially qualified agency’s
strategies and programs carried out under this
part.
‘‘(2) ADDITIONAL INFORMATION.—
‘‘(A) SIGNIFICANT CHANGES.—If the State
educational agency or specially qualified agency
makes significant changes to the plan, such as
the adoption of new performance objectives or as-
sessment measures, the State educational agency
or specially qualified agency shall submit infor-
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mation regarding the significant changes to the
Secretary.
‘‘(B) APPROVAL.—The Secretary shall ap-
prove such changes to an approved plan, unless
the Secretary determines that the changes will
not result in the State or specially qualified
agency meeting the requirements, or fulfilling the
purposes, of this part.
‘‘(e) CONSOLIDATED PLAN.—A State plan submitted
under subsection (a) may be submitted as part of a consoli-
dated plan under section 5502.
‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall
provide technical assistance, if requested, in the develop-
ment of English language development standards and
English language proficiency assessments.
‘‘SEC. 3326. LOCAL PLANS.
‘‘(a) PLAN REQUIRED.—Each local educational agency
desiring a grant from the State educational agency under
section 3324 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—
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‘‘(1) describe how the local educational agency
will use the grant funds to meet all performance ob-
jectives described in section 3329;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools ac-
countable for—
‘‘(A) meeting the performance objectives;
‘‘(B) making adequate yearly progress with
limited English proficient students as described
in section 1111(b)(2); and
‘‘(C) annually measuring the English lan-
guage proficiency of limited English proficient
students, so that such students served by the pro-
grams carried out under this part develop pro-
ficiency in English as quickly and as effectively
as possible, while meeting State content and stu-
dent performance standards as required by sec-
tion 1111(b)(1);
‘‘(3) describe how the local educational agency
will promote parental and community participation
in programs for limited English proficient students;
‘‘(4) contain an assurance that the local edu-
cational agency consulted with teachers (including
second language acquisition specialists), school ad-
ministrators, and parents, and, if appropriate, with
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education-related community groups and nonprofit
organizations, and institutions of higher education, in
developing the local educational agency plan;
‘‘(5) describe how the local educational agency
will use the disaggregated results of the student assess-
ments required under section 1111(b)(3), and other
measures or indicators available to the agency, to re-
view annually the progress of each school served by
the agency under this part and under title I to deter-
mine whether the schools are making the adequate
yearly progress necessary to ensure that limited
English proficient students attending the schools will
meet the State’s proficient level of performance on the
State assessment described in section 1111(b)(3) with-
in 10 years after the date of enactment of the Better
Education for Students and Teachers Act; and
‘‘(6) describe how language instruction edu-
cational programs will ensure that limited English
proficient students being served by the programs de-
velop English language proficiency as quickly and as
effectively as possible.
‘‘SEC. 3327. USES OF FUNDS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving grant funds under section 3324(b)
for a fiscal year may use, from those grant funds, not more
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than 1 percent of the grant funds the agency receives under
section 3324 for the fiscal year for the cost of administering
this part.
‘‘(b) ACTIVITIES.—Each local educational agency re-
ceiving grant funds under section 3324(b)—
‘‘(1) shall use the grant funds that are not used
under subsection (a)—
‘‘(A) to increase limited English proficient
students’ proficiency in English by providing
high-quality language instruction educational
programs that are—
‘‘(i) tied to scientifically based research
demonstrating the effectiveness of the pro-
grams in increasing English proficiency;
and
‘‘(ii) tied to scientifically based re-
search demonstrating the effectiveness of the
programs in increasing student performance
in the core academic subjects; and
‘‘(B) to provide high-quality professional
development activities for teachers of limited
English proficient students, including teachers in
classroom settings that are not the settings of
language instruction educational programs, that
are—
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‘‘(i) designed to enhance the ability of
the teachers to understand and use cur-
ricula, assessment measures, and instruc-
tional strategies for limited English pro-
ficient students;
‘‘(ii) tied to scientifically based re-
search demonstrating the effectiveness of
those activities in increasing students’
English proficiency or substantially in-
creasing the subject matter knowledge,
teaching knowledge, and teaching skills of
those teachers; and
‘‘(iii) of sufficient intensity and dura-
tion (not to include activities such as 1-day
or short-term workshops and conferences) to
have a positive and lasting impact on the
teachers’ performance in the classroom, ex-
cept that this clause shall not apply to an
activity that is 1 component described in a
long-term, comprehensive professional devel-
opment plan established by a teacher and
the teacher’s supervisor based on an assess-
ment of the needs of the teacher, the super-
visor, the students of the teacher, and the
local educational agency; and
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‘‘(2) may use the grant funds that are not used
under subsection (a) to provide parental and commu-
nity participation programs that are designed to im-
prove language instruction educational programs for
limited English proficient students, and to assist par-
ents to become active participants in the education of
their children.
‘‘(c) ACTIVITIES BY AGENCIES EXPERIENCING SUB-
STANTIAL
INCREASES
IN
IMMIGRANT
CHILDREN
AND
YOUTH.—Each local educational agency receiving grant
funds under section 3324(c)(1) shall use the grant funds to
pay for activities that provide enhanced instructional op-
portunities for such children and youth, which may
include—
‘‘(1) family literacy, parent outreach, and train-
ing activities designed to assist parents to become ac-
tive participants in the education of their children;
‘‘(2) payment of salaries of personnel, including
teacher aides who have been specifically trained, or
are being trained, to provide services to immigrant
children and youth;
‘‘(3) provision of tutorials, mentoring, and aca-
demic or career counseling for immigrant children
and youth;
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‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program carried out with the grant in-
volved;
‘‘(5) basic instructional services that are directly
attributable to the presence in the school district in-
volved of immigrant children and youth, including
the payment of costs of providing additional class-
room supplies, overhead costs, costs of construction,
acquisition, or rental of space, costs of transportation,
or such other costs as are directly attributable to such
additional basic instructional services;
‘‘(6) other instructional services that are de-
signed to assist immigrant students to achieve in ele-
mentary and secondary schools in the United States,
such as literacy programs, programs of introduction
to the educational system, and civics education; and
‘‘(7) activities, coordinated with community-
based organizations, institutions of higher education,
private sector entities, or other entities with expertise
in working with immigrants, to assist parents of im-
migrant students by offering comprehensive commu-
nity social services, such as English as a second lan-
guage courses, health care, job training, child care,
and transportation services.
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‘‘(d) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated to carry out this part shall be used to supplement
and not supplant other Federal, State, and local public
funds expended to provide services for eligible individuals.
‘‘SEC. 3328. PROGRAM REQUIREMENTS.
‘‘(a) PROHIBITION.—In carrying out this part, the
Secretary shall neither mandate nor preclude the use of a
particular curricular or pedagogical approach to educating
limited English proficient students.
‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu-
cational agency receiving grant funds under section 3324
shall certify to the State educational agency that all teach-
ers in any language instruction educational program for
limited English proficient students funded under this part
are fluent in English and any other language used for in-
struction.
‘‘SEC. 3329. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State educational agency or
specially qualified agency receiving a grant under this part
shall develop annual measurable performance objectives that
are research-based, and age- and developmentally appro-
priate, with respect to helping limited English proficient
students develop proficiency in English as quickly and as
effectively as possible, while meeting State content and stu-
dent performance standards as required by section
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1111(b)(1). For each annual measurable performance objec-
tive, the agency shall specify an incremental percentage in-
crease for the objective to be attained for each of the fiscal
years (after the first fiscal year) for which the agency re-
ceives a grant under this part, relative to the preceding fis-
cal year, including increases in the number of limited
English proficient students demonstrating an increase in
performance on annual assessments.
‘‘(b) ACCOUNTABILITY.—
‘‘(1) FOR
STATES.—Each State educational
agency receiving a grant under this part shall be held
accountable for meeting the annual measurable per-
formance objectives under this part and the adequate
yearly progress levels for limited English proficient
students under section 1111(b)(2)(B). Any State edu-
cational agency that fails to meet the annual perform-
ance objectives shall be subject to sanctions under sec-
tion 6202.
‘‘(2) FOR
SPECIALLY
QUALIFIED
AGENCIES.—
Each specially qualified agency receiving a grant
under this part shall be held accountable for meeting
annual measurable performance objectives, be held ac-
countable for making yearly progress, and be subject
to sanctions, in a manner that the Secretary deter-
mines is appropriate and comparable to the manner
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used for State educational agencies specified in para-
graph (1).
‘‘SEC. 3330. REGULATIONS AND NOTIFICATION.
‘‘(a) REGULATION RULE.—In developing regulations
under this part, the Secretary shall consult with State edu-
cational agencies, local educational agencies, organizations
representing limited English proficient individuals, and or-
ganizations representing teachers and other personnel in-
volved in the education of limited English proficient stu-
dents.
‘‘(b) PARENTAL NOTIFICATION.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy participating in a language instruction edu-
cational program under this part shall notify parents
of a student participating in the program of—
‘‘(A) the student’s level of English pro-
ficiency, how that level was assessed, the status
of the student’s academic achievement, and the
implications 
of 
the 
student’s 
educational
strengths and needs for age- and grade-appro-
priate academic attainment, grade promotion,
and graduation;
‘‘(B)(i) the programs that are available to
meet the student’s educational strengths and
needs, and how those programs differ in content
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and instructional goals from other language in-
struction educational programs that serve lim-
ited English proficient students; and
‘‘(ii) in the case of a student with a dis-
ability who participates in the language instruc-
tion educational program, how the program
meets the objectives of the individualized edu-
cation program of the student;
‘‘(C)(i) the instructional goals of the lan-
guage instruction educational program in which
the student participates, and how the program
will specifically help the limited English pro-
ficient student learn English and meet age-ap-
propriate standards for grade promotion and
graduation;
‘‘(ii) the characteristics, benefits, and past
academic results of the language instruction edu-
cational program and of instructional alter-
natives; and
‘‘(iii) the reasons the student was identified
as being in need of a language instruction edu-
cational program; and
‘‘(D) how parents can participate and be
involved in the language instruction educational
program in order to help their children achieve.
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‘‘(2) OPTION TO DECLINE.—
‘‘(A) IN GENERAL.—Each parent described
in paragraph (1) shall also be informed that the
parent has the option of declining the enrollment
of the student in a language instruction edu-
cational program, and shall be given an oppor-
tunity to decline that enrollment if the parent so
chooses.
‘‘(B) OBLIGATIONS.—A local educational
agency shall not be relieved of any of the agen-
cy’s obligations under title VI of the Civil Rights
Act of 1964 because a parent chooses not to en-
roll a student in a language instruction edu-
cational program.
‘‘(3) RECEIPT OF INFORMATION.—A parent de-
scribed in paragraph (1) shall receive the information
required by this subsection in a manner and form un-
derstandable to the parent including, if necessary and
to the extent feasible, receiving the information in the
language normally used by the parent. The parent
shall receive—
‘‘(A) timely information about programs
funded under this part; and
‘‘(B) notice of opportunities, if applicable,
for regular meetings for the purpose of formu-
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lating and responding to recommendations from
parents of students assisted under this part.
‘‘(4) SPECIAL RULE.—A student shall not be ad-
mitted to, or excluded from, any federally assisted
language instruction educational program solely on
the basis of a surname or language-minority status.
‘‘(5) LIMITATIONS ON CONDITIONS.—Nothing in
this part shall be construed to authorize an officer or
employee of the Federal Government to mandate, di-
rect, or control a State’s, local educational agency’s,
elementary school’s, or secondary school’s specific
challenging English language development standards
or assessments, curriculum, or program of instruc-
tion, as a condition of eligibility to receive grant
funds under this part.
‘‘SEC. 3331. ADMINISTRATION.
‘‘(a) STATE AND LOCAL PROGRAMS.—This part shall
be in effect only in a fiscal year described in section
3003(b).
‘‘(b) OTHER LAW.—In such a fiscal year—
‘‘(1) parts A, C, E (other than section 3405),
and F shall not be in effect; and
‘‘(2) section 3404 shall apply only with respect
to grants provided and activities carried out under
part B and this part.
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‘‘(c) REFERENCES.—In such a fiscal year, references
in Federal law to part A shall be considered to be references
to this part.
‘‘SEC. 3332. NATIONAL LEADERSHIP ACTIVITIES TO ENSURE
EDUCATIONAL EXCELLENCE FOR LIMITED
ENGLISH PROFICIENT STUDENTS.
‘‘(a) IN GENERAL.—The Secretary shall use funds
made available under section 3323(b)(1)(D) to carry out
each of the activities described in subsections (b) and (c).
‘‘(b) 
NATIONAL
PROFESSIONAL
DEVELOPMENT
PROJECT.—The Secretary shall award grants on a competi-
tive basis, for a period of not more than 5 years, to institu-
tions of higher education (in consortia with State edu-
cational agencies or local educational agencies) to provide
for professional development activities that will improve
classroom instruction for limited English proficient stu-
dents and assist educational personnel working with such
students to meet high professional standards, including
standards for certification and licensure as bilingual edu-
cation teachers. Grants awarded under this subsection may
be used—
‘‘(1) for inservice professional development pro-
grams that serve teachers, administrators, pupil serv-
ices personnel, and other educational personnel who
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are either involved in, or preparing to be involved in,
a language instruction educational program;
‘‘(2) for preservice professional development pro-
grams that will assist local schools and institutions of
higher education to upgrade the qualifications and
skills of educational personnel who are not certified or
licensed, especially educational paraprofessionals;
‘‘(3) for the development of curricula appropriate
to the needs of the consortia participants involved;
and
‘‘(4) for financial assistance and costs related to
tuition, fees, and books for enrolling in courses re-
quired to complete the degree involved, and meet cer-
tification or licensing requirements for bilingual edu-
cation teachers.
‘‘(c) NATIONAL CLEARINGHOUSE.—The Secretary shall
establish and support the operation of a National Clearing-
house for Bilingual Education, which shall collect, analyze,
synthesize, and disseminate information about second lan-
guage acquisition programs for limited English proficient
students, and related programs. The National Clearing-
house shall—
‘‘(1) be administered as an adjunct clearinghouse
of the Educational Resources Information Center
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Clearinghouses system supported by the Office of Edu-
cational Research and Improvement;
‘‘(2) coordinate activities with Federal data and
information clearinghouses and entities operating
Federal dissemination networks and systems;
‘‘(3) develop a database management and moni-
toring system for improving the operation and effec-
tiveness of federally funded language instruction edu-
cational programs;
‘‘(4) disseminate information on best practices
related to—
‘‘(A) the development of accountability sys-
tems that monitor the academic progress of lim-
ited English proficient students in language in-
struction educational programs; and
‘‘(B) the development of standards and
English language proficiency assessments for
language instruction educational programs;
‘‘(5) develop, maintain, and disseminate a list-
ing, by geographical area, of education professionals,
parents, teachers, administrators, community mem-
bers, and others, who are native speakers of languages
other than English, for use as a resource by local edu-
cational agencies and schools in the development and
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implementation of language instruction educational
programs; and
‘‘(6) publish, on an annual basis, a list of grant
recipients under this section.
‘‘PART E—ADMINISTRATION
‘‘SEC. 3401. RELEASE TIME.
‘‘The Secretary shall allow entities carrying out profes-
sional development programs funded under part A to use
funds provided under part A for professional release time
to enable individuals to participate in programs assisted
under part A.
‘‘SEC. 3402. EDUCATION TECHNOLOGY.
‘‘Funds made available under part A may be used to
provide for the acquisition or development of education
technology or instructional materials, including authentic
materials in languages other than English, access to and
participation in electronic networks for materials, training
and communications, and incorporation of such resources
in curricula and programs such as those funded under this
title.
‘‘SEC. 3403. NOTIFICATION.
‘‘The State educational agency, and when applicable,
the State board for postsecondary education, shall be noti-
fied within 3 working days of the date an award under
part A is made to an eligible entity within the State.
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‘‘SEC. 3404. CONTINUED ELIGIBILITY.
‘‘Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by
a previous grant under this title. In considering applica-
tions for grants under this title, the Secretary shall take
into consideration the applicant’s record of accomplish-
ments under previous grants under this title.
‘‘SEC. 3405. COORDINATION AND REPORTING REQUIRE-
MENTS.
‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In
order to maximize Federal efforts aimed at serving the edu-
cational needs of children and youth of limited English pro-
ficiency, the Secretary shall coordinate and ensure close co-
operation with other programs serving language-minority
and limited English proficient students that are adminis-
tered by the Department and other agencies. The Secretary
shall consult with the Secretary of Labor, the Secretary of
Health and Human Services, the Secretary of Agriculture,
the Attorney General and the heads of other relevant agen-
cies to identify and eliminate barriers to appropriate co-
ordination of programs that affect language-minority and
limited English proficient students and their families. The
Secretary shall provide for continuing consultation and col-
laboration, between the Office and relevant programs oper-
ated by the Department, including programs under this
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title and other programs under this Act, in planning, con-
tracts, providing joint technical assistance, providing joint
field monitoring activities and in other relevant activities
to ensure effective program coordination to provide high
quality education opportunities to all language-minority
and limited English proficient students.
‘‘(b) DATA.—The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall in-
clude the collection and reporting of data on limited
English proficient students.
‘‘(c) PUBLICATION
OF PROPOSALS.—The Secretary
shall publish and disseminate all requests for proposals for
programs funded under part A.
‘‘(d) REPORT.—The Director shall prepare and, not
later than February 1 of every other year, shall submit to
the Secretary and to the Committee on Health, Education,
Labor, and Pensions of the Senate and to the Committee
on Education and the Workforce of the House of Representa-
tives a report on—
‘‘(1) the activities carried out under this title
and the effectiveness of such activities in improving
the education provided to limited English proficient
children and youth;
‘‘(2) a critical synthesis of data reported by the
States pursuant to section 3124;
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‘‘(3) an estimate of the number of certified bilin-
gual education personnel in the field and an estimate
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 effectively
limited English proficient students.
‘‘PART F—GENERAL PROVISIONS
‘‘SEC. 3501. DEFINITIONS.
‘‘Except as otherwise provided, in this title:
‘‘(1) BILINGUAL
EDUCATION
PROGRAM.—The
term ‘bilingual education program’ means an edu-
cational program for limited English proficient stu-
dents that—
‘‘(A) makes instructional use of both
English and a student’s native language;
‘‘(B) enables limited English proficient stu-
dents to achieve English proficiency and aca-
demic mastery of subject matter content and
higher order skills, including critical thinking, so
as to meet age-appropriate grade-promotion and
graduation standards;
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‘‘(C) may also develop the native language
skills of limited English proficient students, or
ancestral language skills of American Indians
(within the meaning of part A of title VII), Alas-
ka Natives (as defined in section 7306), Native
Hawaiians (as defined in section 7207), and na-
tive residents of the outlying areas; and
‘‘(D) may include the participation of
English proficient students if such program is
designed to enable all enrolled students to become
proficient in English and a second language.
‘‘(2) CHILDREN AND YOUTH.—The term ‘children
and youth’ means individuals aged 3 through 21.
‘‘(3) 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 (as such terms are defined in section 3004)
that is representative of a community or significant
segments of a community and that provides edu-
cational or related services to individuals in the com-
munity. Such term includes Native Hawaiian organi-
zations including Native Hawaiian Educational Or-
ganizations as such term is defined in section 4009
of the Augustus F. Hawkins-Robert T. Stafford Ele-
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mentary and Secondary School Improvement Amend-
ments of 1988, as such section was in effect on the
day preceding the date of enactment of the Improving
America’s Schools Act of 1994.
‘‘(4) COMMUNITY COLLEGE.—The term ‘commu-
nity college’ means an institution of higher education
as defined in section 101 of the Higher Education Act
of 1965 that provides not less than a 2-year program
that is acceptable for full credit toward a bachelor’s
degree, including institutions receiving assistance
under the Tribally Controlled College or University
Assistance Act of 1978.
‘‘(5) DIRECTOR.—The term ‘Director’ means the
Director of the Office of Bilingual Education and Mi-
nority Languages Affairs established under section
209 of the Department of Education Organization
Act.
‘‘(6) FAMILY EDUCATION PROGRAM.—
‘‘(A) IN GENERAL.—The term ‘family edu-
cation program’ means a bilingual education or
special alternative instructional program that—
‘‘(i) is designed—
‘‘(I) to help limited English pro-
ficient adults and out-of-school youths
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achieve proficiency in the English lan-
guage; and
‘‘(II) to provide instruction on
how parents and family members can
facilitate the educational achievement
of their children;
‘‘(ii) when feasible, uses instructional
programs such as the models developed
under the Even Start Family Literacy Pro-
grams, which promote adult literacy and
train parents to support the educational
growth of their children, the Parents as
Teachers Program, and the Home Instruc-
tion Program for Preschool Youngsters; and
‘‘(iii) gives preference to participation
by parents and immediate family members
of children attending school.
‘‘(B) INSTRUCTION FOR HIGHER EDUCATION
AND
EMPLOYMENT.—Such term may include
programs that provide instruction to facilitate
higher education and employment outcomes.
‘‘(7) IMMIGRANT
CHILDREN
AND
YOUTH.—The
term ‘immigrant children and youth’ means individ-
uals who—
‘‘(A) are aged 3 through 21;
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‘‘(3) the ambitiousness of the objectives for the
State charter school grant program;
‘‘(4) the quality of the strategy for assessing
achievement of those objectives;
‘‘(5) the likelihood that the charter school grant
program will meet those objectives and improve edu-
cational results for students;
‘‘(6) the number of high quality charter schools
created under this subpart in the State; and
‘‘(7) in the case of State educational agencies
that propose to use grant funds to support dissemina-
tion activities under section 5112(c)(2)(C), the qual-
ity of those activities and the likelihood that those ac-
tivities will improve student achievement.
‘‘(b) SELECTION CRITERIA
FOR ELIGIBLE APPLI-
CANTS.—The Secretary shall award grants to eligible appli-
cants under this subpart on the basis of the quality of the
applications submitted under section 5113(c), after taking
into consideration such factors as—
‘‘(1) the quality of the proposed curriculum and
instructional practices;
‘‘(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local edu-
cational agency to the charter school;
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performance of the State educational agency in
granting waivers of Federal statutory or regu-
latory requirements as described in paragraph
(1)(A) and shall terminate such agency’s author-
ity to grant such waivers if the Secretary deter-
mines, after notice and an opportunity for a
hearing, that such agency’s performance (includ-
ing performance with respect to meeting the ob-
jectives described in paragraph (3)(A)(iii)) has
been inadequate to justify continuation of such
authority.
‘‘(C) RENEWAL.—In deciding whether to ex-
tend a request for a State educational agency’s
authority to issue waivers under this section, the
Secretary shall review the progress of the State
educational agency to determine if the State edu-
cational agency—
‘‘(i) has made progress toward achiev-
ing the objectives described in the applica-
tion submitted pursuant to paragraph
(3)(A)(iii); and
‘‘(ii) demonstrates in the request that
local educational agencies or schools affected
by the waiver authority or waivers have
made progress toward achieving the desired
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‘‘(d) DISBURSAL.—Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for al-
ternative uses under this section for the fiscal year at the
same time that the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative
uses for the fiscal year.
‘‘(e) SUPPLEMENT
NOT
SUPPLANT.—Funds made
available under this section shall be used to supplement and
not supplant any other Federal, State, or local education
funds.
‘‘(f) SPECIAL RULE.—References in Federal law to
funds for the provisions of law set forth in subsection (c)
may be considered to be references to funds for this section.
‘‘(g) CONSTRUCTION.—Nothing in this chapter shall be
construed to prohibit a local educational agency that enters
into cooperative arrangements with other local educational
agencies for the provision of special, compensatory, or other
education services pursuant to State law or a written agree-
ment from entering into similar arrangements for the use
or the coordination of the use of the funds made available
under this section.