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of other activities conducted in eligible countries;
and
‘‘(2) any institutions in eligible countries, with
which the Center for Civic Education or the Na-
tional Council on Economic Education may work in
conducting such activities, are creditable.
‘‘(f) ELIGIBLE COUNTRY DEFINED.—In this section,
the term ‘eligible country’ means a Central European
country, an Eastern European country, Lithuania, Latvia,
Estonia, the independent states of the former Soviet
Union as defined in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801), the Republic of Ireland, the prov-
ince of Northern Ireland in the United Kingdom, and any
developing country (as such term is defined in section
209(d) of the Education for the Deaf Act) if the Sec-
retary, with the concurrence of the Secretary of State, de-
termines that such developing country has a democratic
form of government.
‘‘SEC. 2207. FUNDING.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) WE THE PEOPLE PROGRAM.—There are
authorized to be appropriated to carry out sections
2204(1) and 2205 such sums as may be necessary
for each of fiscal years 2002 through 2006.
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‘‘(2) COOPERATIVE CIVIC EDUCATION AND ECO-
NOMIC
EDUCATION
EXCHANGE
PROGRAMS.—There
are authorized to be appropriated to carry out sec-
tions 2204(2) and 2206 such sums as may be nec-
essary for each of fiscal years 2002 through 2006.
‘‘(b) LIMITATION.—In each fiscal year, the Secretary
may use not more than 50 percent of the amount appro-
priated under subsection (a)(2) for assistance for eco-
nomic educational activities.
‘‘PART D—TEACHER LIABILITY PROTECTION
‘‘SEC. 2301. SHORT TITLE.
‘‘This part may be cited as the ‘Paul Coverdell Teach-
er Liability Protection Act of 2001’.
‘‘SEC. 2302. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The ability of teachers, principals and
other school professionals to teach, inspire and
shape the intellect of our Nation’s elementary and
secondary school students is deterred and hindered
by frivolous lawsuits and litigation.
‘‘(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits
for actions undertaken as part of their duties to pro-
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vide millions of school children quality educational
opportunities.
‘‘(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
‘‘(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
‘‘(5) Clarifying and limiting the liability of
teachers, principals and other school professionals
who undertake reasonable actions to maintain order,
discipline and an appropriate educational environ-
ment is an appropriate subject of Federal legislation
because—
‘‘(A) the scope of the problems created by
the legitimate fears of teachers, principals and
other school professionals about frivolous, arbi-
trary or capricious lawsuits against teachers is
of national importance; and
‘‘(B) millions of children and their families
across the Nation depend on teachers, prin-
cipals and other school professionals for the in-
tellectual development of children.
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‘‘(b) PURPOSE.—The purpose of this part is to pro-
vide teachers, principals and other school professionals the
tools they need to undertake reasonable actions to main-
tain order, discipline and an appropriate educational envi-
ronment.
‘‘SEC. 2303. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
‘‘(a) PREEMPTION.—This part preempts the laws of
any State to the extent that such laws are inconsistent
with this part, except that this part shall not preempt any
State law that provides additional protection from liability
relating to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This part shall not apply to any civil action in
a State court against a teacher with respect to claims aris-
ing within that State if such State enacts a statute in ac-
cordance 
with 
State 
requirements 
for 
enacting
legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that
this part shall not apply, as of a date certain, to
such civil action in the State; and
‘‘(3) containing no other provisions.
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‘‘SEC. 2304. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Ex-
cept as provided in subsections (b) and (c), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
‘‘(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related
to providing educational services;
‘‘(2) the actions of the teacher were carried out
in conformity with local, State, and Federal laws,
rules and regulations in furtherance of efforts to
control, discipline, expel, or suspend a student or
maintain order or control in the classroom or school;
‘‘(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the
teacher; and
‘‘(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
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vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS
TO SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing
in this section shall be construed to affect any civil action
brought by any school or any governmental entity against
any teacher of such school.
‘‘(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
‘‘(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management pro-
cedures, including mandatory training of teachers.
‘‘(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is lia-
ble for the acts or omissions of its employees.
‘‘(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant
to State or local law.
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‘‘(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher
acting within the scope of the teacher’s responsibil-
ities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action
of such teacher which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the li-
ability of a teacher under this part shall not apply
to any misconduct that—
‘‘(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international ter-
rorism (as that term is defined in section 2331
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of title 18, United States Code) for which the
defendant has been convicted in any court;
‘‘(B) involves a sexual offense, as defined
by applicable State law, for which the defendant
has been convicted in any court;
‘‘(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
‘‘(D) where the defendant was under the
influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug at
the time of the misconduct.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed to affect sub-
section (a)(3) or (d).
‘‘SEC. 2305. LIABILITY FOR NONECONOMIC LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a
teacher, based on an action of a teacher acting within the
scope of the teacher’s responsibilities to a school or gov-
ernmental entity, the liability of the teacher for non-
economic loss shall be determined in accordance with sub-
section (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
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economic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that
defendant (determined in accordance with paragraph
(2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall
render a separate judgment against each defendant
in an amount determined pursuant to the preceding
sentence.
‘‘(2) PERCENTAGE
OF
RESPONSIBILITY.—For
purposes of determining the amount of noneconomic
loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the per-
centage of responsibility of that defendant for the
claimant’s harm.
‘‘SEC. 2306. RULE OF CONSTRUCTION.
‘‘Nothing in this part shall be construed to affect any
State or local law (including a rule or regulation) or policy
pertaining to the use of corporal punishment.
‘‘SEC. 2307. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) ECONOMIC
LOSS.—The term ‘economic
loss’ means any pecuniary loss resulting from harm
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
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and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under ap-
plicable State law.
‘‘(2) HARM.—The term ‘harm’ includes phys-
ical, nonphysical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic or private kindergarten, a public or private ele-
mentary school or secondary school (as defined in
section 14101, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
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‘‘(6) TEACHER.—The term ‘teacher’ means a
teacher, instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board,
and a local educational agency and any employee of
such agency.
‘‘SEC. 2308. APPLICABILITY.
‘‘This part applies to any claim for harm caused by
an act or omission of a teacher if that claim is filed on
or after the effective date of the No Child Left Behind
Act of 2001 without regard to whether the harm that is
the subject of the claim or the conduct that caused the
harm occurred before such effective date.’’.
TITLE III—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
AND IMMIGRANT CHILDREN;
INDIAN AND ALASKA NATIVE
EDUCATION
PART A—EDUCATION OF LIMITED ENGLISH
PROFICIENT AND IMMIGRANT CHILDREN
SEC. 301. PROGRAMS AUTHORIZED.
(a) TITLE HEADING.—The heading for title III is
amended to read as follows:
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‘‘TITLE III—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
AND IMMIGRANT CHILDREN;
INDIAN AND ALASKA NATIVE
EDUCATION’’.
(b) SHORT TITLE.—Section 3101 (20 U.S.C. 6801)
is repealed.
(c) LIMITATION
ON
AVAILABILITY
OF
CERTAIN
FUNDS FOR SCHOOLS.—
(1) IN
GENERAL.—Section 3601 (20 U.S.C.
7001)—
(A) is transferred to part B of title V (as
amended by section 501) and inserted after sec-
tion 5204 (as so amended);
(B) is redesignated as section 5205; and
(C) is amended by striking ‘‘this title’’
each place such term appears and inserting
‘‘this part’’.
(2) PART HEADING REPEAL.—The part heading
for part F of title III is repealed.
(d) LIMITED ENGLISH PROFICIENT AND IMMIGRANT
CHILDREN.—Parts A through E of title III (20 U.S.C.
6811 et seq.) are amended to read as follows:
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‘‘PART A—EDUCATION OF LIMITED ENGLISH
PROFICIENT AND IMMIGRANT CHILDREN
‘‘Subpart 1—English Language and Academic
Instructional Programs
‘‘SEC. 3101. SHORT TITLE.
‘‘This subpart may be cited as the ‘English Language
Proficiency and Academic Achievement Act’.
‘‘SEC. 3102. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds as follows:
‘‘(1) English is the common language of the
United States and every citizen and other person re-
siding in the United States should have a command
of the English language in order to develop to their
full potential.
‘‘(2) Limited English proficient children, in-
cluding recent immigrant children, must overcome a
number of challenges in receiving an education in
order to participate fully in American society,
including—
‘‘(A) segregated educational programs;
‘‘(B) disproportionate and improper place-
ment in special education and other special pro-
grams due to the use of inappropriate evalua-
tion procedures;
‘‘(C) the limited English proficiency of
their parents, which hinders the parents’ ability
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to fully participate in the education of their
children; and
‘‘(D) a need for additional teachers and
other staff who are professionally trained and
qualified to serve such children.
‘‘(3) States and local educational agencies need
assistance in developing the capacity to provide pro-
grams of instruction that offer and provide an equal
educational opportunity to children who need special
assistance because English is not their dominant
language.
‘‘(4) Since 1979, the number of limited English
proficient children attending school in the United
States has more than doubled to greater than
4,000,000, and demographic trends indicate the pop-
ulation of limited English proficient children will
continue to increase.
‘‘(5) Native Americans, including native resi-
dents of the outlying areas, and Native American
languages (as such terms are defined in section 103
of the Native American Languages Act) have a
unique status under Federal law that requires spe-
cial policies within the broad purposes of this part
to serve the educational needs of language minority
students in the United States.
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‘‘(6) Research, evaluation, and data collection
capabilities in the field of instruction for limited
English proficient children need to be strengthened
so that educators and other staff teaching limited
English proficient children in the classroom can bet-
ter identify and promote programs, program imple-
mentation strategies, and instructional practices that
result in the effective education of limited English
proficient children.
‘‘(7) The Federal Government has a special and
continuing obligation to ensure that States and local
educational agencies provide children of limited
English proficiency the same educational opportuni-
ties afforded other children.
‘‘(b) PURPOSES.—The purposes of this part are—
‘‘(1) to help ensure that children who are lim-
ited English proficient, including recent immigrant
children, attain English proficiency, develop high lev-
els of academic attainment in English, and meet the
same challenging State academic content standards
and challenging State student academic achievement
standards expected of all children;
‘‘(2) to develop high-quality programs designed
to assist local educational agencies in teaching lim-
ited English proficient children;
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‘‘(3) to assist local educational agencies to de-
velop and enhance their capacity to provide high-
quality instructional programs designed to prepare
limited English proficient students, including recent
immigrant students, to enter all-English instruc-
tional settings within 3 years; and
‘‘(4) to provide State educational agencies and
local educational agencies with the flexibility to im-
plement instructional programs, tied to scientifically
based reading research and sound research and the-
ory on teaching limited English proficient children,
that the agencies believe to be the most effective for
teaching English.
‘‘SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR
ENGLISH LANGUAGE INSTRUCTION.
‘‘(a) NOTIFICATION.—If a local educational agency
uses funds under this subpart to provide English language
instruction to limited English proficient children, the
agency shall inform a parent or the parents of a child par-
ticipating in an English language instruction program for
limited English proficient children assisted under this sub-
part of—
‘‘(1) the reasons for the identification of the
child as being in need of English language instruc-
tion;
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‘‘(2) the child’s level of English proficiency, how
such level was assessed, and the status of the child’s
academic achievement;
‘‘(3) how the English language instruction pro-
gram will specifically help the child acquire English
and meet age-appropriate standards for grade pro-
motion and graduation;
‘‘(4) what the specific exit requirements are for
the program;
‘‘(5) the expected rate of transition from the
program into a classroom that is not tailored for
limited English proficient children; and
‘‘(6) the expected rate of graduation from high
school for the program if funds under this subpart
are used for children in secondary schools.
‘‘(b) CONSENT.—
‘‘(1) AGENCY REQUIREMENTS.—
‘‘(A) INFORMED
CONSENT.—For a child
who has been identified as limited English pro-
ficient prior to the beginning of the school year,
each local educational agency that receives
funds under this subpart shall make a reason-
able and substantial effort to obtain informed
parental consent prior to the placement of a
child in an English language instruction pro-
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gram for limited English proficient children
funded under this subpart, if the program does
not include classes which exclusively or almost
exclusively use the English language in instruc-
tion.
‘‘(B) 
WRITTEN
CONSENT
NOT
OB-
TAINED.—
‘‘(i) IN GENERAL.—If written consent
is not obtained, the local educational agen-
cy shall maintain a written record that in-
cludes the date and the manner in which
such informed consent was sought, includ-
ing the specific efforts made to obtain such
consent.
‘‘(ii) PROOF OF EFFORT.—Notice, in
an understandable form, of specific efforts
made to obtain written consent and a copy
of the written record described in clause (i)
shall be mailed or delivered in writing to a
parent or the parents of a child prior to
placing the child in a program described in
subparagraph (A), and shall include a final
request for parental consent for such serv-
ices. After such notice has been mailed or
delivered in writing, the local educational
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agency shall provide appropriate edu-
cational services.
‘‘(iii) SPECIAL
RULE
APPLICABLE
DURING
SCHOOL
YEAR.—For those chil-
dren who have not been identified as lim-
ited English proficient prior to the begin-
ning of the school year, the local edu-
cational agency shall make a reasonable
and substantial effort to obtain parental
consent under this clause. For such chil-
dren, the agency shall document, in writ-
ing, its specific efforts to obtain such con-
sent prior to placing the child in a pro-
gram described in subparagraph (A). After
such documentation has been made, the
local educational agency shall provide ap-
propriate educational services to such
child. The proof of documentation shall be
mailed or delivered in writing to a parent
or the parents of the child in a timely
manner and shall include information on
how to have their child immediately re-
moved from the program upon their re-
quest. Nothing in this clause shall be con-
strued as exempting a local educational
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agency from complying with the notifica-
tion requirements of subsection (a) and the
consent requirements of this paragraph.
‘‘(2) PARENTAL RIGHTS.—A parent or the par-
ents of a child participating in an English language
instruction program for limited English proficient
children assisted under this subpart—
‘‘(A) shall select among methods of in-
struction, if more than one method is offered in
the program; and
‘‘(B) shall have the right to have their
child immediately removed from the program
upon their request.
‘‘(c) RECEIPT OF INFORMATION.—A parent or the
parents of a child identified for participation in an English
language instruction program for limited English pro-
ficient children assisted under this subpart shall receive,
in a manner and form understandable to the parent or
parents, the information required by this subsection. At
a minimum, the parent or parents shall receive—
‘‘(1) timely information about English language
instruction programs for limited English proficient
children assisted under this part;
‘‘(2) if a parent or the parents of a partici-
pating child so desire, notice of opportunities for
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regular meetings for the purpose of formulating and
responding to recommendations from the parent or
parents; and
‘‘(3) procedural information for removing a
child from a program for limited English proficient
children.
‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Stu-
dents shall not be admitted to, or excluded from, any fed-
erally assisted education program on the basis of a sur-
name or language-minority status.
‘‘SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT
CHILDREN.
‘‘(a) IN GENERAL.—Assessments of limited English
proficient children participating in programs funded under
this subpart, to the extent practicable, shall be in the lan-
guage and form most likely to yield accurate and reliable
information on what such students know and can do in
content areas.
‘‘(b) SPECIAL RULE.—Notwithstanding subsection
(a), in the case of an assessment of reading or language
arts of any student who has attended school in the United
States (excluding Puerto Rico) for 3 or more consecutive
school years, the assessment shall be in the form of a test
written in English, except that, if the entity administering
the assessment determines, on a case-by-case individual
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basis, that assessments in another language or form would
likely yield more accurate and reliable information on what
such student knows and can do, the entity may assess
such student in such language or form for 1 additional
year.
‘‘SEC. 3105. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 3107 submits to the Secretary
an application for a fiscal year, the Secretary shall make
a grant for the year to the State for the purposes specified
in subsection (b). The grant shall consist of the allotment
determined for the State under subsection (c).
‘‘(b) PURPOSES OF GRANTS.—
‘‘(1) REQUIRED
EXPENDITURES.—The Sec-
retary may make a grant under subsection (a) only
if the State involved agrees that the State will ex-
pend at least 95 percent of its allotment under sub-
section (c) for the purpose of making subgrants to
eligible entities to provide assistance to limited
English proficient children in accordance with sec-
tions 3108 and 3109.
‘‘(2) AUTHORIZED EXPENDITURES.—Subject to
paragraph (3), a State that receives a grant under
subsection (a) may expend not more than 5 percent
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of its allotment under subsection (c) for one or more
of the following purposes:
‘‘(A) Carrying out—
‘‘(i) professional development activi-
ties, and other activities, that assist per-
sonnel in meeting State and local certifi-
cation requirements for teaching limited
English proficient children; and
‘‘(ii) other activities that provide such
personnel with the skills and knowledge
necessary to educate limited English pro-
ficient children.
‘‘(B) Providing scholarships and fellow-
ships to students who agree to teach limited
English proficient children once they graduate.
‘‘(C) Planning, administration, and inter-
agency coordination related to the subgrants re-
ferred to in paragraph (1).
‘‘(D) Providing technical assistance and
other forms of assistance to local educational
agencies that—
‘‘(i) educate limited English proficient
children; and
‘‘(ii) are not receiving a subgrant
from a State under this subpart.
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‘‘(E) Providing bonuses to subgrantees
whose performance has been exceptional in
terms of the speed with which children enrolled
in the subgrantee’s programs and activities at-
tain English language proficiency and meet
challenging State academic content standards
and 
challenging 
State 
student 
academic
achievement standards.
‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.—
In carrying out paragraph (2), a State that receives
a grant under subsection (a) may expend not more
than 2 percent of its allotment under subsection (c)
for the purposes described in paragraph (2)(C).
‘‘(c) DETERMINATION OF ALLOTMENT AMOUNTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 3110 to carry out this subpart
for each fiscal year, the Secretary shall reserve—
‘‘(A) .5 percent of such amount for pay-
ments to entities that are considered to be local
educational agencies under section 3106(a) for
activities approved by the Secretary;
‘‘(B) .5 percent of such amount for pay-
ments to outlying areas, to be allotted in ac-
cordance with their respective needs for assist-
ance under this subpart, as determined by the
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Secretary, for activities, approved by the Sec-
retary, consistent with this part; and
‘‘(C) 1⁄2 of 1 percent of such amount for
evaluation of the programs under this part and
for dissemination of best practices.
‘‘(2) CONTINUATION AWARDS.—Before making
awards to States under paragraph (3) for any fiscal
year, the Secretary shall make continuation awards
to recipients of grants under subpart 1 of part A of
the Bilingual Education Act, as that Act was in ef-
fect on the day before the effective date of the No
Child Left Behind Act of 2001, in order to allow
such recipients to continue to receive funds in ac-
cordance with the terms of their grant until the date
on which the grant period otherwise would have ter-
minated if the No Child Left Behind Act of 2001
had not been enacted.
‘‘(3) STATE ALLOTMENTS.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 3110 to carry out this
subpart for each fiscal year that remains after
carrying out paragraphs (1) and (2), the Sec-
retary shall allot to each of the 50 States, the
District of Columbia, and the Commonwealth of
Puerto Rico an amount which bears the same
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ratio to such amount as the total number of
children and youth who are limited English pro-
ficient and who reside in such State bears to
the total number of such children and youth re-
siding in all such States that, in accordance
with section 3107, submit to the Secretary an
application for the year.
‘‘(B) REALLOTMENT.—
‘‘(i) IN GENERAL.—If any State de-
scribed in subparagraph (A) does not sub-
mit to the Secretary an application for a
fiscal year, or submits an application (or
any modification to an application) that
the Secretary, after reasonable notice and
opportunity for a hearing, determines does
not satisfy the requirements of this sub-
part, the Secretary—
‘‘(I) shall endeavor to make the
State’s allotment available on a com-
petitive basis to specially qualified
agencies within the State that satisfy
the requirements applicable to eligible
entities under section 3108 and any
additional requirements that may be
imposed by the Secretary; and
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‘‘(II) shall reallot any portion of
such allotment remaining after the
application of subclause (I) to the re-
maining States in accordance with
subparagraph (A).
‘‘(ii) REQUIREMENTS
ON
SPECIALLY
QUALIFIED
AGENCIES.—If 
a 
specially
qualified agency receives funds under this
subparagraph, the requirements of sub-
section (b) shall not apply to the agency.
In lieu of those requirements, the specially
qualified agency shall expend the funds for
the authorized activities described in sec-
tion 3108(b) and otherwise shall satisfy
the requirements of section 3108.
‘‘(C) SPECIAL RULE FOR PUERTO RICO.—
The total amount allotted to Puerto Rico for
any fiscal year under subparagraph (A) shall
not exceed .5 percent of the total amount allot-
ted to all States for that fiscal year.
‘‘(4) USE OF DATA FOR DETERMINATIONS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), for the purpose of deter-
mining the number of children and youth who
are limited English proficient and reside in a
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State and in all States for each fiscal year, the
Secretary shall use the most recent satisfactory
data available from the Bureau of the Census
and the American Community Survey available
from the Department of Commerce.
‘‘(B) EXCEPTION.—If the data described
in subparagraph (A) are more than 4 years old
or unavailable, the Secretary shall use the most
recent satisfactory data provided by the States,
such as enrollment data and data that reflect
the number of students taking the English pro-
ficiency assessments in the States.
‘‘(5) NO
REDUCTION
PERMITTED
BASED
ON
TEACHING METHOD.—The Secretary may not reduce
a State’s allotment based on the State’s selection of
any method of instruction as its preferred method of
teaching the English language to children who are
limited English proficient.
‘‘SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car-
rying out programs under this part for individuals served
by elementary, secondary, and postsecondary schools oper-
ated predominately for Native American or Alaska Native
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children, the following shall be considered to be a local
educational agency:
‘‘(1) An Indian tribe.
‘‘(2) A tribally sanctioned educational author-
ity.
‘‘(3) A Native Hawaiian or Native American
Pacific Islander native language educational organi-
zation.
‘‘(4) An elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs,
or a consortium of such schools.
‘‘(5) An elementary or secondary school oper-
ated under a contract with or grant from the Bu-
reau of Indian Affairs, in consortium with another
such school or a tribal or community organization.
‘‘(6) An elementary or secondary school oper-
ated by the Bureau of Indian Affairs and an institu-
tion of higher education, in consortium with an ele-
mentary or secondary school operated under a con-
tract with or grant from the Bureau of Indian Af-
fairs or a tribal or community organization.
‘‘(b) SUBMISSION
OF APPLICATIONS
FOR ASSIST-
ANCE.—Notwithstanding any other provision of this part,
an entity that is considered to be a local educational agen-
cy under subsection (a), and that desires to submit an ap-
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plication for Federal financial assistance under this sub-
part, shall submit the application to the Secretary. In all
other respects, such an entity shall be eligible for a
subgrant under this subpart on the same basis as any
other local educational agency.
‘‘SEC. 3107. APPLICATIONS BY STATES.
‘‘For purposes of section 3105, an application sub-
mitted by a State for a grant under such section for a
fiscal year is in accordance with this section if the
application—
‘‘(1) describes the process that the State will
use in making competitive subgrants to eligible enti-
ties under section 3109(c);
‘‘(2) contains an agreement that, in carrying
out this subpart, the State will address the needs of
school systems of all sizes and in all geographic
areas, including rural and urban schools;
‘‘(3) contains an agreement that competitive
subgrants to eligible entities under section 3109(c)
shall be of sufficient size and scope to allow such en-
tities to carry out high quality education programs
for limited English proficient children;
‘‘(4) contains an agreement that the State will
coordinate its programs and activities under this
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‘‘(7) contains an agreement that the State will
develop annual performance objectives for raising
the level of English proficiency of each limited
English proficient student, and that these objectives
shall include percentage increases in performance on
annual assessments in reading, writing, speaking,
and listening comprehension as compared to the pre-
ceding school year; and
‘‘(8) contains an agreement that the State will
require eligible entities receiving a subgrant under
this subpart to use the subgrant in ways that will
build such recipient’s capacity to continue to offer
high-quality English language instruction and pro-
grams which assist limited English proficient chil-
dren in attaining challenging State academic content
standards and challenging State student academic
achievement standards once assistance under this
subpart is no longer available.
‘‘SEC. 3108. SUBGRANTS TO ELIGIBLE ENTITIES.
‘‘(a) PURPOSES OF SUBGRANTS.—A State may make
a subgrant to an eligible entity from funds received by
the State under this subpart only if the entity agrees to
expend the funds to improve the education of limited
English proficient children and their families, through the
acquisition of English and the attainment of challenging
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State academic content standards and challenging State
student academic achievement standards, using ap-
proaches and methodologies based on scientifically based
reading research and sound research and theory on teach-
ing limited English proficient children, by—
‘‘(1) developing and implementing new English
language and academic content instructional pro-
grams for children who are limited English pro-
ficient, including programs of early childhood edu-
cation and kindergarten through 12th grade edu-
cation;
‘‘(2) carrying out highly focused, innovative, lo-
cally designed projects to expand or enhance existing
English language and academic content instruction
programs for limited English proficient children;
‘‘(3) implementing, within an individual school,
schoolwide programs for restructuring, reforming,
and upgrading all relevant programs and operations
relating to English language and academic content
instruction for limited English proficient students;
or
‘‘(4) implementing, within the entire jurisdic-
tion of a local educational agency, agencywide pro-
grams for restructuring, reforming, and upgrading
all relevant programs and operations relating to
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English language and academic content instruction
for limited English proficient students.
‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
State may make a subgrant to an eligible entity
from funds received by the State under this subpart
in order that the eligible entity may achieve one of
the purposes described in subsection (a) by under-
taking one or more of the following activities to im-
prove the understanding, and use, of the English
language, based on a child’s learning skills and at-
tainment of challenging State academic content
standards and challenging State student academic
achievement standards:
‘‘(A) Upgrading program objectives and ef-
fective instructional strategies.
‘‘(B) Improving the instruction program
for limited English proficient students by iden-
tifying, acquiring, and upgrading curricula, in-
structional materials, educational software, and
assessment procedures.
‘‘(C) Providing—
‘‘(i) tutorials and academic or voca-
tional education for limited English pro-
ficient children; and
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‘‘(ii) intensified instruction.
‘‘(D) Developing and implementing elemen-
tary or secondary school English language in-
structional programs that are coordinated with
other relevant programs and services.
‘‘(E) Providing professional development to
classroom teachers, principals, administrators,
and other school or community-based organiza-
tional personnel to improve the instruction and
assessment of children who are limited English
proficient children.
‘‘(F) Improving the English language pro-
ficiency and academic performance of limited
English proficient children.
‘‘(G) Improving the instruction of limited
English proficient children by providing for the
acquisition or development of education tech-
nology or instructional materials, access to and
participation in electronic networks for mate-
rials, training and communications, and incor-
poration of such resources in curricula and pro-
grams, such as those funded under this sub-
part.
‘‘(H) Developing tutoring programs for
limited English proficient children that provide
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early intervention and intensive instruction in
order to improve academic achievement, to in-
crease graduation rates among limited English
proficient children, and to prepare students for
transition as soon as possible into classrooms
where instruction is not tailored for limited
English proficient children.
‘‘(I) Providing family literacy services and
parent outreach and training activities to lim-
ited English proficient children and their fami-
lies to improve their English language skills and
assist parents in helping their children to im-
prove their academic performance.
‘‘(J) Other activities that are consistent
with the purposes of this part.
‘‘(2) MOVING CHILDREN OUT OF SPECIALIZED
CLASSROOMS.—Any program or activity undertaken
by an eligible entity using a subgrant from a State
under this subpart shall be designed to assist stu-
dents enrolled in the program or activity to attain
English proficiency and meet challenging State aca-
demic content standards and challenging State stu-
dent academic achievement standards as soon as
possible, but not later than after 3 consecutive years
of attendance in United States schools (excluding
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schools in Puerto Rico), and to move into a class-
room where instruction is not tailored for limited
English proficient children.
‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To
receive a subgrant from a State under this subpart, an
eligible entity shall select one or more methods or forms
of instruction to be used in the programs and activities
undertaken by the entity to assist limited English pro-
ficient children to attain English proficiency and meet
challenging State academic content standards and chal-
lenging State student academic achievement standards.
Such selection shall be consistent with sections 3134 and
3135.
‘‘(d) DURATION OF SUBGRANTS.—The duration of a
competitive subgrant made by a State under section
3109(c) shall be determined by the State in its discretion.
‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—To receive a subgrant from
a State under this subpart, 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—
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‘‘(A) describe the programs and activities
proposed to be developed, implemented, and ad-
ministered under the subgrant;
‘‘(B) describe how the eligible entity will
use the subgrant funds to satisfy the require-
ment in subsection (b)(2); and
‘‘(C) describe how the eligible entity, using
the disaggregated results of the student assess-
ments required under section 1111(b)(4) and
other measures available, will annually review
the progress of elementary and secondary
schools within its jurisdiction, or served by it,
to determine if such schools are making the
adequate yearly progress necessary to ensure
that limited English proficient students attend-
ing the schools will meet the State’s proficient
level of performance on the State assessment
described in section 1111(b)(4), and will hold
such schools accountable for making such
progress.
‘‘(3) REQUIREMENTS FOR APPROVAL.—The ap-
plication shall contain assurances that—
‘‘(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
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standards and challenging State student aca-
demic achievement standards; and
‘‘(G) the eligible entity is not in violation
of any State law, including State constitutional
law, regarding the education of limited English
proficient children, consistent with sections
3134 and 3135.
‘‘(4) QUALITY.—For the purposes of awarding
competitive subgrants under section 3109(c), a State
shall consider the quality of each application and en-
sure that it is of sufficient size and scope to meet
the purposes of this subpart.
‘‘SEC. 3109. DISTRIBUTION OF SUBGRANTS TO ELIGIBLE
ENTITIES.
‘‘(a) IN GENERAL.—A State shall expend at least 95
percent of its allotment under section 3105(c) each fiscal
year for the purpose of making subgrants to eligible enti-
ties within the State that have approved applications, in
accordance with subsections (b) and (c).
‘‘(b) FORMULA SUBGRANTS.—
‘‘(1) RESERVATION.—75 percent of the amount
expended by a State for subgrants under this sub-
part shall be reserved for subgrants to eligible enti-
ties described in subsection (a) in which, during the
fiscal year for which the subgrant is to be made, the
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number of limited English proficient children and
youth who are enrolled in public and nonpublic ele-
mentary or secondary schools located in geographic
areas under the jurisdiction of, or served by, such
entities is equal to at least 500 students, or 3 per-
cent of the total number of children and youth en-
rolled in such schools during such fiscal year, which-
ever is less.
‘‘(2) ALLOTMENT.—From the amount reserved
under paragraph (1), the State shall allot to each el-
igible entity described in such paragraph a percent-
age based on the ratio of—
‘‘(A) the number of limited English pro-
ficient children and youth who are enrolled in
public and nonpublic elementary or secondary
schools located in geographic areas under the
jurisdiction of, or served by, such entity during
the fiscal year for which the allotment is to be
made; to
‘‘(B) the number of such children and
youth in all such eligible entities.
‘‘(3) REALLOTMENT.—Whenever a State deter-
mines that an allotment made to an eligible entity
under this subsection for a fiscal year will not be
used by the entity for the purpose for which it was
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made, the State shall, in accordance with such rules
as it deems appropriate, reallot such amount, con-
sistent with paragraph (2), to other eligible entities
in the State for carrying out that purpose.
‘‘(c) COMPETITIVE SUBGRANTS.—25 percent of the
amount expended by a State for subgrants under this sub-
part shall be reserved for competitive subgrants to eligible
entities described in subsection (a) that the State
determines—
‘‘(1) have experienced significant increases, as
compared to the previous 2 years, in the percentage
or number of children and youth with limited
English proficiency, including recent immigrant chil-
dren, that have enrolled in public and nonpublic ele-
mentary or secondary schools in the geographic
areas under the jurisdiction of, or served by, such
entities during the fiscal year for which the subgrant
is to be made; or
‘‘(2) do not satisfy the requirements of sub-
section (b)(1) but have significant needs for pro-
grams under this subpart.
‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subpart, there
are authorized to be appropriated $750,000,000 for fiscal
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year 2002 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
‘‘Subpart 2—Administration
‘‘SEC. 3121. EVALUATIONS.
‘‘(a) IN GENERAL.—Each eligible entity that receives
a subgrant from a State under subpart 1 shall provide
the State, at the conclusion of every second fiscal year
during which the subgrant is received, with an evaluation,
in a form prescribed by the State, of—
‘‘(1) the programs and activities conducted by
the entity with funds received under subpart 1 dur-
ing the 2 immediately preceding fiscal years;
‘‘(2) the progress made by students in learning
the English language and meeting challenging State
academic content standards and challenging State
student academic achievement standards;
‘‘(3) the number and percentage of students in
the programs and activities attaining English lan-
guage proficiency by the end of each school year, as
determined by a valid and reliable assessment of
English proficiency; and
‘‘(4) the progress made by students in meeting
challenging State academic content standards and
challenging State student academic achievement
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standards for each of the 2 years after such students
are no longer receiving services under this part.
‘‘(b) USE OF EVALUATION.—An evaluation provided
by an eligible entity under subsection (a) shall be used
by the entity and the State—
‘‘(1) for improvement of programs and activi-
ties;
‘‘(2) to determine the effectiveness of programs
and activities in assisting children who are limited
English proficient to attain English proficiency (as
measured consistent with subsection (d)) and meet
challenging State academic content standards and
challenging State student academic achievement
standards; and
‘‘(3) in determining whether or not to continue
funding for specific programs or projects.
‘‘(c) EVALUATION
COMPONENTS.—An evaluation
provided by an eligible entity under subsection (a) shall
include—
‘‘(1) an evaluation of whether students enrolling
in a program or activity conducted by the entity
with funds received under subpart 1—
‘‘(A) have attained English proficiency and
are meeting challenging State academic content
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academic and challenging State student aca-
demic achievement standards; and
‘‘(B) have achieved a working knowledge of
the English language that is sufficient to per-
mit them to perform, in English, in a classroom
that is not tailored to limited English proficient
children; and
‘‘(2) such other information as the State may
require.
‘‘(d) EVALUATION MEASURES.—In prescribing the
form of an evaluation provided by an entity under sub-
section (a), a State shall approve evaluation measures, as
applicable, for use under subsection (c) that are designed
to assess—
‘‘(1) oral language proficiency in kindergarten;
‘‘(2) oral language proficiency, including speak-
ing and listening skills, in first grade;
‘‘(3) both oral language proficiency, including
speaking and listening skills, and reading and writ-
ing proficiency in grades 2 and higher; and
‘‘(4) attainment of challenging State student
academic achievement standards.
‘‘SEC. 3122. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided
to a State under section 3121, each State that receives
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a grant under subpart 1 shall prepare and submit every
second year to the Secretary a report on programs and
activities undertaken by the State under such subpart and
the effectiveness of such programs and activities in im-
proving the education provided to children who are limited
English proficient.
‘‘(b) SECRETARY.—Every second year, the Secretary
shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pen-
sions of the Senate a report on—
‘‘(1) programs and activities undertaken by
States under subpart 1 and the effectiveness of such
programs and activities in improving the education
provided to children who are limited English pro-
ficient;
‘‘(2) the types of instructional programs used
under subpart 1 to teach limited English proficient
children;
‘‘(3) the number of programs or projects, if
any, that were terminated because they were not
able to reach program goals;
‘‘(4) the number of limited English proficient
children 
served 
under 
subpart 
who 
were
transitioned out of special instructional programs
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funded under such subpart into classrooms where in-
struction is not tailored for limited English pro-
ficient children; and
‘‘(5) other information gathered from the re-
ports submitted under subsection (a).
‘‘SEC. 3123. COORDINATION WITH RELATED PROGRAMS.
‘‘In order to maximize Federal efforts aimed at serv-
ing the educational needs of children and youth of limited
English proficiency, the Secretary shall coordinate and en-
sure close cooperation with other programs serving lan-
guage-minority and limited English proficient students
that are administered by the Department and other agen-
cies.
‘‘Subpart 3—General Provisions
‘‘SEC. 3131. DEFINITIONS.
‘‘For purposes of this part:
‘‘(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
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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; or
‘‘(B) one or more local educational agen-
cies in collaboration with an institution of high-
er education, community-based organization, or
State educational agency.
‘‘(4) 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 with a majority of its governing board and em-
ployees consisting of fluent speakers of the tradi-
tional Native American languages used in their edu-
cational programs and with not less than 5 years
successful experience in providing educational serv-
ices in traditional Native American languages.
‘‘(5) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
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who is limited English proficient, means the lan-
guage normally used by such individual.
‘‘(6) SPECIALLY
QUALIFIED
AGENCY.—The
term ‘specially qualified agency’, when used with re-
spect to a fiscal year, means an eligible entity lo-
cated in a State that, for that year—
‘‘(A) does not submit to the Secretary an
application under sections 3105(a) and 3107;
or
‘‘(B) submits an application (or any modi-
fication to an application) that the Secretary,
after reasonable notice and opportunity for a
hearing, determines does not satisfy the re-
quirements of subpart 1.
‘‘(7) TRIBALLY SANCTIONED EDUCATIONAL AU-
THORITY.—The term ‘tribally sanctioned educational
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-
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scribed in section 3106(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 for individuals served by
a school described in section 3106(a).
‘‘SEC. 3132. RULES OF CONSTRUCTION.
‘‘Nothing in subpart 1 shall be construed—
‘‘(1) to prohibit a local educational agency from
serving limited English proficient children and youth
simultaneously with students with similar edu-
cational needs, in the same educational settings
where appropriate;
‘‘(2) to require a State or a local educational
agency to establish, continue, or eliminate any par-
ticular type of instructional program for limited
English proficient children; or
‘‘(3) to limit the preservation or use of Native
American languages as defined in the Native Amer-
ican Languages Act of 1990.
‘‘SEC. 3133. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this part
only to the extent that such regulations are necessary to
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ensure compliance with the specific requirements of this
part.
‘‘SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing in this part shall be construed to negate
or supersede State law, or the legal authority under State
law of any State agency, State entity, or State public offi-
cial, over programs that are under the jurisdiction of the
State agency, entity, or official.
‘‘SEC. 3135. CIVIL RIGHTS.
‘‘Nothing in this part shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil
right.
‘‘SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND
PUERTO RICO.
‘‘Programs authorized under subpart 1 that serve
Native American children, Native Pacific Island children,
and children in the Commonwealth of Puerto Rico, not-
withstanding any other provision of subpart 1, may in-
clude programs of instruction, teacher training, cur-
riculum development, evaluation, and testing designed for
Native American children learning and studying Native
American languages and children of limited Spanish pro-
ficiency, except that a primary outcome of programs serv-
ing such children shall be increased English proficiency
among such children.’’.
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SEC. 302. CONFORMING AMENDMENT TO DEPARTMENT OF
EDUCATION ORGANIZATION ACT.
(a) IN GENERAL.—
(1) RENAMING OF OFFICE.—The Department
of Education Organization Act is amended by strik-
ing ‘‘Office of Bilingual Education and Minority
Languages Affairs’’ each place such term appears in
the text and inserting ‘‘Office of Educational Serv-
ices for Limited English Proficient Children’’.
(2) CONFORMING
AMENDMENT.—Section 209
of the Department of Education Organization Act is
amended by striking ‘‘Director of Bilingual Edu-
cation and Minority Languages Affairs,’’ and insert-
ing ‘‘Director of Educational Services for Limited
English Proficient Children,’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION 209.—The section heading for sec-
tion 209 of the Department of Education Organiza-
tion Act is amended to read as follows:
‘‘OFFICE OF EDUCATIONAL SERVICES FOR LIMITED
ENGLISH PROFICIENT CHILDREN’’.
(2) SECTION 216.—The section heading for sec-
tion 216 of the Department of Education Organiza-
tion Act is amended to read as follows:
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‘‘SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIM-
ITED ENGLISH PROFICIENT CHILDREN.’’.
(3) TABLE OF CONTENTS.—
(A) SECTION 209.—The table of contents
of the Department of Education Organization
Act is amended by amending the item relating
to section 209 to read as follows:
‘‘Sec. 209. Office of Educational Services for Limited English Proficient Chil-
dren.’’.
(B) SECTION 216.—The table of contents
of the Department of Education Organization
Act is amended by amending the item relating
to section 216 to read as follows:
‘‘Sec. 216. Office of Educational Services for Limited English Proficient Chil-
dren.’’.
PART B—INDIAN AND ALASKA NATIVE
EDUCATION
SEC. 311. ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
(a) IN GENERAL.—Title III (as amended by section
301 of this Act) is further amended by adding at the end
the following new part:
‘‘PART B—INDIAN AND ALASKA NATIVE
EDUCATION
‘‘Subpart 1—Indian Education
‘‘SEC. 3201. FINDINGS.
‘‘Congress finds that—
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‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive academic content stand-
ards and student academic achievement stand-
ards and build on Indian culture and the Indian
community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve such standards; and
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of the enactment of the ini-
tial Indian Education Act in 1972, the level of in-
volvement of Indian parents in the planning, devel-
opment, and implementation of educational pro-
grams that affect such parents and their children
has increased significantly, and schools should con-
tinue to foster such involvement;
‘‘(3) although the number of Indian teachers,
administrators, and university professors has in-
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creased since 1972, teacher training programs are
not recruiting, training, or retraining a sufficient
number of Indian individuals as educators to meet
the needs of a growing Indian student population in
elementary, secondary, vocational, adult, and higher
education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of
school by 1990;
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31
percent, and the readiness of Indian children to
learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian
children and their families; and
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of the research is of poor quality or is fo-
cused on limited local or regional issues.
‘‘SEC. 3202. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this subpart to
support the efforts of local educational agencies, Indian
tribes and organizations, postsecondary institutions, and
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other entities to meet the unique educational and cul-
turally related academic needs of American Indians and
Alaska Natives, so that such students can achieve to the
same challenging State academic achievement standards
expected of all other students.
‘‘(b) PROGRAMS.—this subpart carries out the pur-
pose described in subsection (a) by authorizing programs
of direct assistance for—
‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and
adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘CHAPTER 1—FORMULA GRANTS TO
LOCAL EDUCATIONAL AGENCIES
‘‘SEC. 3211. PURPOSE.
‘‘It is the purpose of this chapter to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students
in order to ensure that such programs—
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‘‘(1) are based on challenging State academic
content standards and State student academic
achievement standards that are used for all stu-
dents; and
‘‘(2) are designed to assist Indian students in
meeting those standards and assist the Nation in
reaching the National Education Goals.
‘‘SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this chapter for any fiscal year if the number of In-
dian children eligible under section 3217 and who
were enrolled in the schools of the agency, and to
whom the agency provided free public education,
during the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent
of the total number of individuals enrolled in
the schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(b) INDIAN TRIBES.—
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‘‘(1) IN GENERAL.—If a local educational agen-
cy that is eligible for a grant under this chapter does
not establish a parent committee under section
3214(c)(4) for such grant, an Indian tribe that rep-
resents not less than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this chapter, ex-
cept that any such tribe is not subject to section
3214(c)(4), section 3218(c), or section 3219.
‘‘SEC. 3213. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall
allocate to each local educational agency which has
an approved application under this chapter an
amount equal to the product of—
‘‘(A) the number of Indian children who
are eligible under section 3217 and served by
such agency; and
‘‘(B) the greater of—
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‘‘(i) the average per pupil expenditure
of the State in which such agency is lo-
cated; or
‘‘(ii) 80 percent of the average per
pupil expenditure in the United States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under
paragraph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(e), a local educational agency or an Indian tribe (as
authorized under section 3212(b)) that is eligible for
a grant under section 3212, and a school that is op-
erated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
submits an application that is approved by the Sec-
retary, shall, subject to appropriations, receive a
grant under this chapter in an amount that is not
less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this chapter.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not
more than $4,000 for all grantees if the Secretary
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determines such increase is necessary to ensure the
quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section,
the term ‘average per pupil expenditure of a State’ means
an amount equal to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the
State, plus any direct current expenditures by the
State for the operation of such agencies, without re-
gard to the sources of funds from which such local
or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
‘‘(2) the aggregate number of children who
were included in average daily attendance for whom
such agencies provided free public education during
such preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) Subject to subsection
(e), in addition to the grants awarded under subsection
(a), the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
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‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
mination Act or the Tribally Controlled Schools
Act of 1988; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per pupil
expenditure in the United States.
‘‘(2) Any school described in paragraph (1)(A) that
wishes to receive an allocation under this chapter shall
submit an application in accordance with section 3214,
and shall otherwise be treated as a local educational agen-
cy for the purpose of this chapter, except that such school
shall not be subject to section 3214(c)(4), section 3218(c),
or section 3219.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 3252(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
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‘‘SEC. 3214. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
chapter shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include
a comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet
the culturally related academic needs of American
Indian and Alaska Native students;
‘‘(2)(A) is consistent with State and local plans
under other provisions of this Act; and
‘‘(B) includes academic content and student
performance goals for such children, and bench-
marks for attaining such goals, that are based on
the challenging State standards under title I;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available
under this chapter will be used for activities de-
scribed in section 3215;
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‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that—
‘‘(A) teachers and other school profes-
sionals who are new to the Indian community
are prepared to work with Indian children; and
‘‘(B) all teachers who will be involved in
programs assisted under this chapter have been
properly trained to carry out such programs;
and
‘‘(6) describes how the local educational
agency—
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this chapter, in meeting the goals
described in paragraph (2);
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to—
‘‘(i) the committee of parents de-
scribed in subsection (c)(4); and
‘‘(ii) the community served by the
local educational agency; and
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‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted
under subsection (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this chapter only to supplement the
level of funds that, in the absence of the Federal
funds made available under this chapter, such agen-
cy would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the functions of the Sec-
retary under this chapter; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this chapter are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
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‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs
of the American Indian and Alaska Native stu-
dents to whom the local educational agency is
providing an education;
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian stu-
dents from secondary schools, including public
hearings held by such agency to provide the in-
dividuals described in this subparagraph a full
opportunity to understand the program and to
offer recommendations regarding the program;
and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected
by—
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‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
‘‘(B) a majority of whose members are
parents of Indian children;
‘‘(C) that sets forth such policies and pro-
cedures, including policies and procedures relat-
ing to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of
the children, and representatives of the area, to
be served;
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance
with section 3215(c), that has—
‘‘(i) reviewed in a timely fashion the
program; and
‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indian and
Alaskan Native students; and
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‘‘(E) that has adopted reasonable bylaws
for the conduct of the activities of the com-
mittee and abides by such bylaws.
‘‘SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this chapter
shall use the grant funds, in a manner consistent with the
purpose specified in section 3211, for services and activi-
ties that—
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of
the local educational agency submitted to the Sec-
retary under section 3214(b);
‘‘(2) are designed with special regard for the
language and cultural needs of the Indian students;
and
‘‘(3) supplement and enrich the regular school
program of such agency.
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
‘‘(1) culturally related activities that support
the program described in the application submitted
by the local educational agency;
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‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State
academic content standards and State student aca-
demic achievement standards;
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) career preparation activities to enable In-
dian students to participate in programs such as the
programs supported by the Carl D. Perkins Voca-
tional and Technical Education Act of 1998, includ-
ing programs for tech-prep, mentoring, and appren-
ticeship;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if
the acquisition of the equipment is essential to meet
the purposes described in section 3211; and
‘‘(8) family literacy services.
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding
any other provision of law, a local educational agency may
use funds made available to such agency under this chap-
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ter to support a schoolwide program under section 1114
if—
‘‘(1) the committee composed of parents estab-
lished pursuant to section 3214(c)(4) approves the
use of the funds for the schoolwide program; and
‘‘(2) the schoolwide program is consistent with
the purposes described in section 3211.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the funds provided to a grantee
under this chapter for any fiscal year may be used for
administrative purposes.
‘‘SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this
chapter may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students.
‘‘(b) COORDINATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan, the Secretary, in cooperation
with each Federal agency providing grants for the provi-
sion of education and related services to the applicant,
shall authorize the applicant to coordinate, in accordance
with such plan, its federally funded education and related
services programs, or portions thereof, serving Indian stu-
dents in a manner that integrates the program services
involved into a single, coordinated, comprehensive pro-
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gram and reduces administrative costs by consolidating
administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include funds for
any Federal program exclusively serving Indian children
or the funds reserved under any program to exclusively
serve Indian children under which the applicant is eligible
for receipt of funds under a statutory or administrative
formula for the purposes of providing education and re-
lated services which would be used to serve Indian stu-
dents.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), it shall—
‘‘(1) identify the programs or funding sources
to be consolidated;
‘‘(2) be consistent with the purposes of this sec-
tion authorizing the services to be integrated in a
demonstration project;
‘‘(3) describe a comprehensive strategy which
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the goals set forth in
this chapter;