‘‘(A) by the end of the first grade, in the
case of students enrolling when they are in kin-
dergarten; or
‘‘(B) by the end of their second academic
year of enrollment, in the case of other stu-
dents.
‘‘(3) MAXIMUM ENROLLMENT PERIOD.—An eli-
gible entity may not use funds received from a State
under this chapter to provide instruction or assist-
ance to any individual who has been enrolled for a
period exceeding 3 years in a program or activity
undertaken by the eligible entity under this section.
‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To
receive a subgrant from a State under this chapter, an
eligible entity shall select one or more methods or forms
of English language instruction to be used in the programs
and activities undertaken by the entity to assist English
language learners and immigrant children and youth to
achieve English fluency. Such selection shall be consistent
with the State’s law, including State constitutional law.
‘‘(d) DURATION OF SUBGRANTS.—The duration of a
subgrant made by a State under this section shall be de-
termined by the State in its discretion.
‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—To receive a subgrant from
a State under this chapter, an eligible entity shall
submit an application to the State at such time, in
such form, and containing such information as the
State may require.
‘‘(2) REQUIRED DOCUMENTATION.—The appli-
cation shall describe the programs and activities pro-
posed to be developed, implemented, and adminis-
tered under the subgrant and shall provide an assur-
ance that the applicant will only employ teachers
and other personnel for the proposed programs and
activities who are proficient in English, including
written and oral communication skills.
‘‘(3) REQUIREMENTS FOR APPROVAL.—A State
may approve an application submitted by an eligible
entity for a subgrant under this chapter only if the
State determines that—
‘‘(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
children and youth who are English language
learners and immigrant children and youth;
‘‘(B) in designing the programs and activi-
ties proposed in the application, the needs of
children enrolled in private elementary and sec-
ondary schools have been taken into account
through consultation with appropriate private
school officials;
‘‘(C) the eligible entity has provided for the
participation of children enrolled in private ele-
mentary and secondary schools in the programs
and activities proposed in the application on a
basis comparable to that provided for children
enrolled in public school;
‘‘(D) the eligible entity has based its pro-
posal on sound research and theory;
‘‘(E) the eligible entity has described in the
application how students enrolled in the pro-
grams and activities proposed in the application
will be taught English—
‘‘(i) by the end of the first grade, in
the case of students enrolling when they
are in kindergarten; or
‘‘(ii) by the end of their second aca-
demic year of enrollment, in the case of
other students; and
‘‘(F) the eligible entity is not in violation
of any State law, including State constitutional
law, regarding the education of English lan-
guage learners.
‘‘(4) QUALITY.—In determining which applica-
tions to select for approval, a State shall consider
the quality of each application.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—Each eligible entity that re-
ceives a subgrant from a State under this chapter
shall provide the State, at the conclusion of every
second fiscal year during which the grant is received,
with an evaluation, in a form prescribed by the
State, of—
‘‘(A) the programs and activities conducted
by the entity with funds received under this
chapter during the two immediately preceding
fiscal years;
‘‘(B) the progress made by students in
learning the English language; and
‘‘(C) the number and percentage of stu-
dents in the programs and activities mastering
the English language by the end of each school
year.
‘‘(2) USE OF EVALUATION.—An evaluation pro-
vided by an eligible entity under paragraph (1) shall
be used by the entity and the State—
‘‘(A) for improvement of programs and ac-
tivities;
‘‘(B) to determine the effectiveness of pro-
grams and activities in assisting children and
youth who are English language learners to
master the English language; and
‘‘(C) in determining whether or not to con-
tinue funding for specific programs or projects.
‘‘(3) EVALUATION
COMPONENTS.—An evalua-
tion provided by an eligible entity under paragraph
(1) shall include—
‘‘(A) an evaluation of whether students en-
rolling in a program or activity conducted by
the entity with funds received under this chap-
ter—
‘‘(i) are mastering the English lan-
guage—
‘‘(I) by the end of the first grade,
in the case of students enrolling when
they are in kindergarten; or
‘‘(II) by the end of their second
academic year of enrollment, in the
case of other students; and
‘‘(ii) have achieved a working knowl-
edge of the English language that is suffi-
cient to permit them to perform, in
English, regular classroom work; and
‘‘(B) such other information as the State
may require.
‘‘(4) EVALUATION MEASURES.—In prescribing
the form of an evaluation provided by an entity
under paragraph (1), a State shall approve evalua-
tion measures for use under paragraph (3) that are
designed to assess—
‘‘(A) oral language proficiency in kinder-
garten;
‘‘(B) oral language proficiency, including
speaking and listening skills, in first grade; and
‘‘(C) both oral language proficiency, in-
cluding speaking and listening skills, and read-
ing and writing proficiency in grades two and
higher.
‘‘SEC. 7124. DETERMINATION OF AMOUNT OF ALLOTMENT.
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b), (c), and (d), from the sum available for the
purpose of making grants to States under this chapter for
any fiscal year, the Secretary shall allot to each State an
amount which bears the same ratio to such sum as the
total number of children and youth who are English lan-
guage learners and immigrant children and youth and who
reside in the State bears to the total number of such chil-
dren and youth residing in all States (excluding the Com-
monwealth of Puerto Rico and the outlying areas) that,
in accordance with section 7122, submit to the Secretary
an application for the year.
‘‘(b) PUERTO RICO.—From the sum available for the
purpose of making grants to States under this chapter for
any fiscal year, the Secretary shall allot to the Common-
wealth of Puerto Rico an amount equal to 1.5 percent of
the sums appropriated under section 7111(a).
‘‘(c) OUTLYING AREAS.—
‘‘(1) TOTAL
AVAILABLE
FOR
ALLOTMENT.—
From the sum available for the purpose of making
grants to States under this chapter for any fiscal
year, the Secretary shall allot to the outlying areas,
in accordance with paragraph (2), a total amount
equal to .5 percent of the sums appropriated under
section 7111(a).
‘‘(2) DETERMINATION
OF
INDIVIDUAL
AREA
AMOUNTS.—From the total amount determined
under paragraph (1), the Secretary shall allot to
each outlying area an amount which bears the same
ratio to such amount as the total number of children
and youth who are English language learners and
immigrant children and youth and who reside in the
outlying area bears to the total number of such chil-
dren and youth residing in all outlying areas that,
in accordance with section 7122, submit to the Sec-
retary an application for the year.
‘‘(d) MINIMUM ALLOTMENT.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) through (c), the Secretary shall not allot
to any State, for fiscal years 1999 through 2003, an
amount that is less than 100 percent of the baseline
amount for the State.
‘‘(2) BASELINE AMOUNT DEFINED.—For pur-
poses of this subsection, the term ‘baseline amount’,
when used with respect to a State, means the total
amount received under parts A and C of this title
for fiscal year 1998 by the State, the State edu-
cational agency, and all local educational agencies of
the State.
‘‘(3) RATABLE
REDUCTION.—If the amount
available for allotment under this section for any fis-
cal year is insufficient to permit the Secretary to
comply with paragraph (1), the Secretary shall rat-
ably reduce the allotments to all States for such
year.
‘‘(e) USE OF STATE DATA FOR DETERMINATIONS.—
For purposes of subsections (a) and (c), any determination
of the number of children and youth who are English lan-
guage learners and reside in a State shall be made using
the most recent English language learner school enroll-
ment data available to, and reported to the Secretary by,
the State. For purposes of such subsections, any deter-
mination of the number of immigrant children and youth
who reside in a State shall made using the most recent
data available to, and reported to the Secretary by, the
State.
‘‘(f) NO REDUCTION PERMITTED BASED ON TEACH-
ING METHOD.—The Secretary may not reduce a State’s
allotment based on the State’s selection of the immersion
method of instruction as its preferred method of teaching
the English language to children and youth who are
English language learners or immigrant children and
youth.
‘‘SEC. 7125. CONSTRUCTION.
‘‘Nothing in this chapter shall be construed as requir-
ing a State or a local educational agency to establish, con-
tinue, or eliminate a program of native language instruc-
tion.
‘‘Subpart 2—Research and Dissemination
‘‘SEC. 7141. AUTHORITY.
‘‘The Secretary may conduct, through the Office of
Educational Research and Improvement, research for the
purpose of improving English language instruction for
children and youth who are English language learners and
immigrant children and youth. Activities under this sec-
tion shall be limited to research to identify successful mod-
els for teaching children English and distribution of re-
search results to States for dissemination to schools with
populations of students who are English language learn-
ers. Research conducted under this section may not focus
solely on any one method of instruction.’’.
SEC. 2. REPEAL OF EMERGENCY IMMIGRANT EDUCATION
PROGRAM.
Part C of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7541 et seq.) is re-
pealed.
SEC. 3. ADMINISTRATION.
Part D of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7571 et seq.) is redesig-
nated as part C of such title and amended to read as fol-
lows:
‘‘PART C—ADMINISTRATION
‘‘SEC. 7301. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided
to a State under section 7123(f), each State receiving a
grant under this title annually shall report to the Sec-
retary on programs and activities undertaken by the State
under this title and the effectiveness of such programs and
activities in improving the education provided to children
and youth who are English language learners and immi-
grant children and youth.
‘‘(b) SECRETARY.—Every other year, the Secretary
shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate a report on programs and activities undertaken by
States under this title and the effectiveness of such pro-
grams and activities in improving the education provided
to children and youth who are English language learners
and immigrant children and youth.
‘‘SEC. 7302. COMMINGLING OF FUNDS.
‘‘(a) ESEA FUNDS.—A person who receives Federal
funds under subpart 1 of part A may commingle such
funds with other funds the person receives under this Act
so long as the person satisfies the requirements of this
Act.
‘‘(b) STATE AND LOCAL FUNDS.—Except as provided
in section 14503, a person who receives Federal funds
under subpart 1 of part A may commingle such funds with
funds the person receives under State or local law for the
purpose of teaching English to children and youth who
are English language learners and immigrant children and
youth, to the extent permitted under such State or local
law, so long as the person satisfies the requirements of
this title and such law.’’.
SEC. 4. GENERAL PROVISIONS.
Part E of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7601 et seq.) is redesig-
nated as part D of such title and amended to read as fol-
lows:
‘‘PART D—GENERAL PROVISIONS
‘‘SEC. 7401. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) CHILDREN AND YOUTH.—The term ‘chil-
dren and youth’ means individuals aged 3 through
21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
tiveness or Indian tribe or tribally sanctioned edu-
cational authority which is representative of a com-
munity or significant segments of a community and
which provides educational or related services to in-
dividuals in the community. Such term includes a
Native Hawaiian or Native American Pacific Is-
lander native language educational organization.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) one or more local educational agen-
cies;
‘‘(B) one or more local educational agen-
cies in collaboration with—
‘‘(i) an institution of higher education;
‘‘(ii) a community-based organization;
‘‘(iii) a local educational agency; or
‘‘(iv) a State;
‘‘(C) a community-based organization or
an institution of higher education which has an
application approved by a local educational
agency to enhance an early childhood education
program or a family education program; or
‘‘(D) a State educational agency, in the
case of a State educational agency that also
serves as a local educational agency.
‘‘(4) ENGLISH LANGUAGE LEARNER.—The term
‘English language learner’, when used with reference
to an individual, means an individual—
‘‘(A) aged 3 through 21;
‘‘(B) who—
‘‘(i) was not born in the United
States; or
‘‘(ii) comes from an environment
where a language other than English is
dominant and who normally uses a lan-
guage other than English; and
‘‘(C) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language that the difficulty may deny the indi-
vidual the opportunity—
‘‘(i) to learn successfully in a class-
room where the language of instruction is
English; or
‘‘(ii) to participate fully in society.
‘‘(5) FAMILY LITERACY SERVICES.—The term
‘family literacy services’ means services provided to
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient
duration, to make sustainable changes in a family
(such as eliminating or reducing welfare depend-
ency) and that integrate all of the following activi-
ties:
‘‘(A) Interactive literacy activities between
parents and their children.
‘‘(B) Equipping parents to partner with
their children in learning.
‘‘(C) Parent literacy training, including
training that contributes to economic self-suffi-
ciency.
‘‘(D) Appropriate instruction for children
of parents receiving parent literacy services.
‘‘(6) 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 attended school in any State
for more than three full academic years.
‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is
recognized as eligible for the special programs and
services provided by the United States to Indians be-
cause of their status as Indians.
‘‘(8) NATIVE
AMERICAN; NATIVE
AMERICAN
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ have the meanings given
such terms in section 103 of the Native American
Languages Act (25 U.S.C. 2902).
‘‘(9) NATIVE HAWAIIAN OR NATIVE AMERICAN
PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL
ORGANIZATION.—The term ‘Native Hawaiian or Na-
tive American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion—
‘‘(A) a majority of whose governing board,
and a majority of whose employees, are fluent
speakers of the traditional Native American
languages used in the organization’s edu-
cational programs; and
‘‘(B) that has not less than five years of
successful experience in providing educational
services in traditional Native American lan-
guages.
‘‘(10) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
who is an English language learner, means the lan-
guage normally used by such individual.
‘‘(11) OUTLYING
AREA.—The term ‘outlying
area’ means any of the following:
‘‘(A) The Virgin Islands of the United
States.
‘‘(B) Guam.
‘‘(C) American Samoa.
‘‘(D) The Commonwealth of the Northern
Mariana Islands.
‘‘(12) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, or any outlying area.
‘‘(13) TRIBALLY
SANCTIONED
EDUCATIONAL
AUTHORITY.—The term ‘tribally sanctioned edu-
cational authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate a school de-
scribed in section 7112(a) or otherwise to
oversee the delivery of educational services
to members of the tribe; and
‘‘(ii) approved by the Secretary for
the purpose of carrying out programs
under subpart 1 of part A for individuals
served by a school described in section
7112(a).
‘‘SEC. 7402. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this title
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
title.
‘‘SEC. 7403. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing in this title shall be construed to negate
or supersede the legal authority, under State law, of any
State agency, State entity, or State public official over
programs that are under the jurisdiction of the agency,
entity, or official.
‘‘SEC. 7404. RELEASE FROM COMPLIANCE AGREEMENTS.
‘‘Notwithstanding section 7403, any compliance
agreement entered into between a State, locality, or local
educational agency and the Department of Health, Edu-
cation, and Welfare or the Department of Education, that
requires such State, locality, or local educational agency
to develop, implement, provide, or maintain any form of
bilingual education, is void.
‘‘SEC. 7405. RULEMAKING ON OFFICE OF CIVIL RIGHTS
GUIDELINES AND COMPLIANCE STANDARDS.
‘‘(a) IN GENERAL.—In accordance with subchapter
II of chapter 5 of part I of title 5, United States Code,
the Secretary—
‘‘(1) shall publish in the Federal Register a no-
tice of proposed rulemaking with respect to the en-
forcement guidelines and compliance standards of
the Office of Civil Rights of the Department of Edu-
cation that apply to a program or activity to provide
English language instruction to English language
learners that is undertaken by a State, locality, or
local educational agency;
‘‘(2) shall undertake a rulemaking pursuant to
such notice; and
‘‘(3) shall promulgate a final rule pursuant to
such rulemaking on the record after opportunity for
an agency hearing.
‘‘(b) EFFECT
OF RULEMAKING
ON COMPLIANCE
AGREEMENTS.—The Secretary may not enter into any
compliance agreement after the date of the enactment of
this section pursuant to a guideline or standard described
in subsection (a)(1) with an entity described in such sub-
section until the Secretary has promulgated the final rule
described in subsection (a)(3).
‘‘SEC. 7406. RULE OF CONSTRUCTION.
‘‘Nothing in this Act shall be construed to limit the
preservation or use of Native American languages as de-
fined in the Native American Languages Act or Alaska
Native languages.’’.
SEC. 5. CONFORMING AMENDMENTS.
(a) TITLE HEADING.—The title heading of title VII
of the Elementary and Secondary Education Act of 1965
is amended to read as follows:
‘‘TITLE VII—ENGLISH LANGUAGE
FLUENCY AND FOREIGN LAN-
GUAGE 
ACQUISITION 
PRO-
GRAMS’’.
(b) ELEMENTARY
AND
SECONDARY
EDUCATION
ACT.—The Elementary and Secondary Education Act of
1965 is amended—
(1) in section 2209(b)(1)(C)(iii) (20 U.S.C.
6649(b)(1)(C)(iii)), by striking ‘‘Bilingual Education
Programs under part A of title VII.’’ and inserting
‘‘English language education programs under part A
of title VII.’’; and
(2) in section 14307(b)(1)(E) (20 U.S.C.
8857(b)(1)(E)), by striking ‘‘Subpart 1 of part A of
title VII (bilingual education).’’ and inserting
‘‘Chapter 2 of subpart 1 of part A of title VII
(English language education).’’.
(c) DEPARTMENT
OF EDUCATION ORGANIZATION
ACT.—
(1) IN
GENERAL.—The Department of Edu-
cation Organization Act is amended by striking ‘‘Of-
fice of Bilingual Education and Minority Languages
Affairs’’ each place such term appears in the text
and inserting ‘‘Office of English Language Acquisi-
tion’’.
(2) CLERICAL AMENDMENTS.—
(A) SECTION 209.—The section heading for
section 209 of the Department of Education
Organization Act is amended to read as follows:
‘‘OFFICE OF ENGLISH LANGUAGE ACQUISITION’’.
(B) SECTION 216.—The section heading for
section 216 of the Department of Education
Organization Act is amended to read as follows:
‘‘SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION.’’.
(C) TABLE OF CONTENTS.—
(i) SECTION 209.—The table of con-
tents of the Department of Education Or-
ganization Act is amended by amending
the item relating to section 209 to read as
follows:
‘‘Sec. 209. Office of English Language Acquisition.’’.
(ii) SECTION 216.—The table of con-
tents of the Department of Education Or-
ganization Act is amended by amending
the item relating to section 216 to read as
follows:
‘‘Sec. 216. Office of English Language Acquisition.’’.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of the enactment of this Act, or October 1,
1998, whichever occurs later.
Passed the House of Representatives September 10,
1998.
Attest:
Clerk.