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(d) INFORMING CONGRESSIONAL COMMITTEES.—The President shall
keep appropriate committees of Congress currently informed on the use of
expenditures and the exercise of duties and powers under this chapter.
CHAPTER 135—IMMIGRANT EDUCATION ASSISTANCE
Sec.
13501.
Findings and purpose.
13502.
Definitions and application.
13503.
Enhanced instructional opportunities.
13504.
Applications.
13505.
State allocations.
13506.
Grants to local educational agencies.
13507.
Providing assistance to nonpublic schools when local educational agency does not.
13508.
State administrative costs.
13509.
Withholding payments.
13510.
Reports.
13511.
Authorization of appropriations.
§ 13501. Findings and purpose
(a) FINDINGS.—Congress finds that—
(1) the education of the children and youth of the United States is
one of the most sacred government responsibilities;
(2) local educational agencies have struggled to finance education
services adequately;
(3) in Plyler v. Doe, the Supreme Court held that States have a re-
sponsibility under the Equal Protection Clause of the Constitution to
educate all children, regardless of immigration status; and
(4) only the United States Government is responsible for immigra-
tion policy.
(b) PURPOSE.—The purpose of this chapter is to assist eligible local edu-
cational agencies that experience unexpectedly large increases in their stu-
dent population due to immigration to—
(1) provide high-quality instruction to immigrant children and youth;
and
(2) help immigrant children and youth—
(A) with their transition into American society; and
(B) meet the same challenging State performance standards ex-
pected of all children and youth.
§ 13502. Definitions and application
(a) DEFINITIONS.—In this chapter—
(1) the definitions in section 14101 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 8801) apply, except ‘‘local edu-
cational agency’’ and ‘‘Secretary’’.
(2) ‘‘immigrant children and youth’’ has the same meaning given
that term in section 7501 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7601).
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(3) ‘‘local educational agency’’ has the same meaning given that
term in section 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801), except that it includes only an agency for
which the number of immigrant children and youth enrolled in public
elementary and secondary schools under its jurisdiction and in
nonpublic elementary and secondary schools in the district it serves,
during the fiscal year for which a grant is to be made under this chap-
ter, is at least equal to the lesser of—
(A) 500; or
(B) 3 percent of the total number of students enrolled in those
public or nonpublic schools during that fiscal year.
(b) APPLICATION.—Sections 7404 and 7502(a) and parts B–H of title
XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7574, 7602(a), 8821 et seq.) apply to this chapter.
§ 13503. Enhanced instructional opportunities
(a) PAYMENTS TO PROVIDE ENHANCED INSTRUCTIONAL OPPORTUNI-
TIES.—The Secretary of Education shall make payments, as provided in this
chapter, to State educational agencies for each of the fiscal years ending
September 30, 1995–1999, for the purpose stated in section 13501(b) of
this title by paying for enhanced instructional opportunities for immigrant
children and youth.
(b) OPPORTUNITIES INCLUDED.—The enhanced instructional opportuni-
ties referred to in subsection (a) of this section include—
(1) family literacy, parent outreach, and training activities designed
to assist parents to become active participants in the education of their
children;
(2) salaries of personnel, including teacher aides who have been
trained specifically, or are being trained, to provide services to immi-
grant children and youth;
(3) tutorials, mentoring, and academic or career counseling for immi-
grant children and youth;
(4) identifying and acquiring curricular materials, educational soft-
ware, and technologies to be used in the program;
(5) basic instructional services directly attributable to the presence
in the school district of immigrant children and youth, including the
cost of providing additional classroom supplies, overhead costs, costs of
construction, acquisition, or rental of space, transportation costs, or
other costs directly attributable to these additional basic instructional
services; and
(6) other activities related to the purpose of this chapter that the
Secretary may authorize.
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§ 13504. Applications
(a) REQUIREMENTS.—To receive a payment under this chapter for a fis-
cal year, a State educational agency must submit an application to the Sec-
retary of Education at the time, in the way, and containing or accompanied
by information the Secretary requires. In the application, the State edu-
cational agency must agree—
(1) to administer, or supervise the administration of, the educational
programs, services, and activities paid for under this chapter;
(2) to ensure that payments under this chapter will be used for the
purposes described in sections 13501(b) and 13503 of this title, includ-
ing a description of how local educational agencies receiving amounts
under this chapter will—
(A) use the amounts to meet those purposes; and
(B) coordinate with other programs assisted under the Goals
2000: Educate America Act (20 U.S.C. 5801 et seq.), the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), and other appropriate acts;
(3) to ensure that local educational agencies receiving amounts under
this chapter will coordinate the use of those amounts with programs
assisted under title I or part A of title VII of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq., 7401 et seq.);
(4) to ensure that those payments (except payments received under
section 13506(a) of this title) will be allocated among the local edu-
cational agencies in the State so that each agency receives an amount
based on the number of immigrant children and youth counted for that
agency under section 13505(a)(1) of this title;
(5) to ensure that it will not disapprove finally any part of a local
educational agency’s application for an amount under this chapter
without giving the local educational agency reasonable notice and op-
portunity for a hearing;
(6) to make reports the Secretary requires to carry out this chapter;
(7) to ensure that—
(A) to the extent consistent with the number of immigrant chil-
dren and youth enrolled in nonpublic elementary and secondary
schools in the district served by a local educational agency, the
local educational agency, after consulting with the appropriate offi-
cials of the schools, will provide for the benefit of those children
and youth secular, neutral, and nonideological services, materials,
and equipment necessary to educate those children and youth;
(B) a public agency will—