I
107TH CONGRESS
1ST SESSION
H. R. 59
To establish a program of grants for supplemental assistance for elementary
and secondary school students of limited English proficiency to ensure
that they rapidly develop proficiency in English while not falling behind
in their academic studies.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. DREIER introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To establish a program of grants for supplemental assistance
for elementary and secondary school students of limited
English proficiency to ensure that they rapidly develop
proficiency in English while not falling behind in their
academic studies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Kids Developing Skills
for Success in the 21st Century Act’’.
SEC. 2. GRANTS FOR SUPPLEMENTAL ASSISTANCE FOR
LIMITED ENGLISH PROFICIENT STUDENTS.
(a) IN GENERAL.—In the case of each State edu-
cational agency that in accordance with subsection (c) sub-
mits to the Secretary an application for a fiscal year, the
Secretary shall make a grant for the year to the agency
for the uses specified in subsection (b). The grant shall
consist of the allotment determined for the State under
section 3.
(b) USES OF FUNDS.—
(1) IN
GENERAL.—Each State educational
agency receiving a grant under this Act shall use the
funds provided under the grant to assist local edu-
cational agencies in providing supplemental assist-
ance to elementary and secondary school students of
limited English proficiency to ensure that they rap-
idly develop proficiency in English while not falling
behind in their academic studies.
(2) AUTHORIZED
ACTIVITIES.—Supplemental
assistance described in paragraph (1) may, but is
not required to, include individualized tutoring by
regular school instructional staff or by bilingual tu-
tors hired specifically to provide such tutoring. Such
tutoring may take place during school hours, before
or after school hours, or on weekends.
(c) APPLICATION.—
(1) IN GENERAL.—To be eligible to receive a
grant under this Act, a State educational agency
shall submit an application to the Secretary at such
time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
(2) CONTENTS.—Each application under this
subsection shall include a description of how—
(A) the State educational agency intends
to use the grant funds;
(B) the programs supported by the grant
will be coordinated with other Federal, State,
regional, and local programs; and
(C) the State educational agency will
evaluate program performance.
(d) PRIORITY.—In assisting local educational agen-
cies using funds provided under this Act, a State edu-
cational agency shall give priority to local educational
agencies that—
(1) experience a dramatic increase in the num-
ber or percentage of elementary and secondary
school students of limited English proficiency;
(2) have a large percentage of elementary and
secondary school students of limited English pro-
ficiency enrolled;
(3) have a total student enrollment of less than
10,000; or
(4) demonstrate a record of success in assisting
students of limited English proficiency achieve aca-
demic success.
SEC. 3. STATE ALLOCATIONS.
(a) ALLOCATIONS.—
(1) IN GENERAL.—Except as provided in sub-
sections (b) and (c), of the amount appropriated for
each fiscal year for this Act, each State participating
in the program assisted under this Act shall receive
an allocation equal to the proportion of such State’s
number of students of limited English proficiency
who are enrolled in public elementary or secondary
schools under the jurisdiction of each local edu-
cational agency described in paragraph (2) within
such State, and in nonpublic elementary or sec-
ondary schools within the district served by each
such local educational agency, relative to the total
number of such students so enrolled in all the States
participating in the program assisted under this Act.
(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 students of limited
English proficiency who are enrolled in public ele-
mentary or secondary schools under the jurisdiction
of such agencies, and in nonpublic elementary 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 Act, 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 number is less.
(b) DETERMINATIONS OF NUMBER OF STUDENTS.—
(1) IN GENERAL.—Determinations by the Sec-
retary under this section for any period with respect
to the number of students of limited English pro-
ficiency shall be made on the basis of data or esti-
mates provided to the Secretary by each State edu-
cational agency in accordance with criteria estab-
lished by the Secretary, unless the Secretary deter-
mines, after notice and opportunity for a hearing to
the affected State educational agency, that such
data or estimates are clearly erroneous.
(2) SPECIAL
RULE.—No such determination
with respect to the number of students of limited
English proficiency shall operate because of an un-
derestimate or overestimate to deprive any State
educational agency of the allocation under this sec-
tion that such State would otherwise have received
had such determination been made on the basis of
accurate data.
(c) REALLOCATION.—Whenever the Secretary deter-
mines that any amount of a payment made to a State
under this Act 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 one or more other States
to the extent the Secretary determines that such other
States will be able to use such additional amount for car-
rying out such purpose. Any amount made available to a
State from any appropriation for a fiscal year in accord-
ance with the preceding sentence shall, for purposes of this
Act, be regarded as part of such State’s payment (as de-
termined under subsection (a)) for such year, but shall
remain available until the end of the succeeding fiscal
year.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) NOTIFICATION OF AMOUNT.—The Secretary, not
later than June 1 of each year, shall notify each State
educational agency that has an application approved under