125 
ular high school diploma or its recognized equivalent 
if the child or youth does not intend to return to 
school; 
‘‘(15) provides an assurance that effective 
teachers and other qualified staff are trained to 
work with children and youth with disabilities and 
other students with special needs taking into consid-
eration the unique needs of such students; 
‘‘(16) describes any additional services to be 
provided to children and youth, such as career coun-
seling, distance education, and assistance in securing 
student loans and grants; and 
‘‘(17) provides an assurance that the program 
under this chapter will be coordinated with any pro-
grams operated under the Juvenile Justice and De-
linquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) or other comparable programs, if applicable. 
‘‘SEC. 1155. USE OF FUNDS. 
‘‘(a) USES.— 
‘‘(1) IN GENERAL.—A State agency shall use 
funds received under this chapter only for programs 
and projects that— 
‘‘(A) are consistent with the State plan 
under section 1154(a); and 
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‘‘(B) concentrate on providing participants 
with the knowledge and skills needed to make 
a successful transition to secondary school com-
pletion, career and technical education, further 
education, or employment without the need for 
remediation. 
‘‘(2) PROGRAMS
AND
PROJECTS.—Such pro-
grams and projects— 
‘‘(A) may include the acquisition of equip-
ment; 
‘‘(B) shall be designed to support edu-
cational services that— 
‘‘(i) 
except 
for 
institution-wide 
projects under section 1156, are provided 
to children and youth identified by the 
State agency as failing, or most at-risk of 
failing, to meet the State’s academic stand-
ards; 
‘‘(ii) supplement and improve the 
quality of the educational services provided 
to such children and youth by the State 
agency; and 
‘‘(iii) afford such children and youth 
an opportunity to meet State academic 
standards; and 
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‘‘(C) shall be carried out in a manner con-
sistent with section 1120A and part C (as ap-
plied to programs and projects under this chap-
ter). 
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 
under this chapter that supplements the number of hours 
of instruction students receive from State and local 
sources shall be considered to comply with the supplement, 
not supplant the requirement of section 1120A (as applied 
to this chapter) without regard to the subject areas in 
which instruction is given during those hours. 
‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 
‘‘A State agency that provides free public education 
for children and youth in an institution for neglected or 
delinquent children and youth (other than an adult correc-
tional institution) or attending a community day program 
for such children and youth may use funds received under 
this chapter to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the 
State agency has developed, and the State educational 
agency has approved, a comprehensive plan for that insti-
tution or program that— 
‘‘(1) provides for a comprehensive assessment 
of the educational needs of all children and youth in 
the institution or program serving juveniles; 
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‘‘(2) provides for a comprehensive assessment 
of the educational needs of youth aged 20 and 
younger in adult facilities who are expected to com-
plete incarceration within a 2-year period; 
‘‘(3) describes the steps the State agency has 
taken, or will take, to provide all children and youth 
under age 21 with the opportunity to meet State 
academic standards in order to improve the likeli-
hood that the children and youth will complete sec-
ondary school, obtain a regular high school diploma 
or its recognized equivalent, or find employment 
after leaving the institution; 
‘‘(4) describes the instructional program, spe-
cialized instructional support services, and proce-
dures that will be used to meet the needs described 
in paragraph (1), including, to the extent feasible, 
the provision of mentors for the children and youth 
described in paragraph (1); 
‘‘(5) specifically describes how such funds will 
be used; 
‘‘(6) describes the measures and procedures 
that will be used to assess and improve student 
achievement; 
‘‘(7) describes how the agency has planned, and 
will implement and evaluate, the institution-wide or 
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program-wide project in consultation with personnel 
providing direct instructional services and support 
services in institutions or community day programs 
for neglected or delinquent children and youth, and 
with personnel from the State educational agency; 
and 
‘‘(8) includes an assurance that the State agen-
cy has provided for appropriate training for teachers 
and other instructional and administrative personnel 
to enable such teachers and personnel to carry out 
the project effectively. 
‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 
‘‘If a State agency operates a program or project 
under this chapter in which individual children or youth 
are likely to participate for more than one year, the State 
educational agency may approve the State agency’s appli-
cation for a subgrant under this chapter for a period of 
not more than 3 years. 
‘‘SEC. 1158. TRANSITION SERVICES. 
‘‘(a) TRANSITION SERVICES.—Each State agency 
shall reserve not less than 15 percent and not more than 
30 percent of the amount such agency receives under this 
chapter for any fiscal year to support— 
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‘‘(1) projects that facilitate the transition of 
children and youth from State-operated institutions 
to schools served by local educational agencies; or 
‘‘(2) the successful re-entry of youth offenders, 
who are age 20 or younger and have received a reg-
ular high school diploma or its recognized equiva-
lent, into postsecondary education, or career and 
technical training programs, through strategies de-
signed to expose the youth to, and prepare the youth 
for, postsecondary education, or career and technical 
training programs, such as— 
‘‘(A) preplacement programs that allow ad-
judicated or incarcerated youth to audit or at-
tend courses on college, university, or commu-
nity college campuses, or through programs 
provided in institutional settings; 
‘‘(B) worksite schools, in which institutions 
of higher education and private or public em-
ployers partner to create programs to help stu-
dents make a successful transition to postsec-
ondary education and employment; and 
‘‘(C) essential support services to ensure 
the success of the youth, such as— 
‘‘(i) personal, career and technical, 
and academic counseling; 
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‘‘(ii) placement services designed to 
place the youth in a university, college, or 
junior college program; 
‘‘(iii) information concerning, and as-
sistance in obtaining, available student fi-
nancial aid; 
‘‘(iv) counseling services; and 
‘‘(v) job placement services. 
‘‘(b) CONDUCT OF PROJECTS.—A project supported 
under this section may be conducted directly by the State 
agency, or through a contract or other arrangement with 
one or more local educational agencies, other public agen-
cies, or private organizations. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a school that receives 
funds under subsection (a) from serving neglected and de-
linquent children and youth simultaneously with students 
with similar educational needs, in the same educational 
settings where appropriate. 
‘‘SEC. 1159. TECHNICAL ASSISTANCE. 
‘‘The Secretary shall reserve not more than 1 percent 
of the amount reserved under section 1141 to provide 
technical assistance to and support State agency programs 
assisted under this chapter. 
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‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 
‘‘SEC. 1161. PURPOSE. 
‘‘The purpose of this chapter is to support the oper-
ation of local educational agency programs that involve 
collaboration with locally operated correctional facilities— 
‘‘(1) to carry out high quality education pro-
grams to prepare children and youth for secondary 
school completion, training, employment, or further 
education; 
‘‘(2) to provide activities to facilitate the transi-
tion of such children and youth from the correctional 
program to further education or employment; and 
‘‘(3) to operate programs in local schools for 
children and youth returning from correctional facili-
ties, and programs which may serve at-risk children 
and youth. 
‘‘SEC. 
1162. 
PROGRAMS 
OPERATED 
BY 
LOCAL 
EDU-
CATIONAL AGENCIES. 
‘‘(a) LOCAL SUBGRANTS.—With funds made avail-
able under section 1142(b), the State educational agency 
shall award subgrants to local educational agencies with 
high numbers or percentages of children and youth resid-
ing in locally operated (including county operated) correc-
tional facilities for children and youth (including facilities 
involved in community day programs). 
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‘‘(b) SPECIAL RULE.—A local educational agency 
that serves a school operated by a correctional facility is 
not required to operate a program of support for children 
and youth returning from such school to a school that is 
not operated by a correctional agency but served by such 
local educational agency, if more than 30 percent of the 
children and youth attending the school operated by the 
correctional facility will reside outside the boundaries 
served by the local educational agency after leaving such 
facility. 
‘‘(c) NOTIFICATION.—A State educational agency 
shall notify local educational agencies within the State of 
the eligibility of such agencies to receive a subgrant under 
this chapter. 
‘‘(d) TRANSITIONAL
AND ACADEMIC SERVICES.— 
Transitional and supportive programs operated in local 
educational agencies under this chapter shall be designed 
primarily to meet the transitional and academic needs of 
students returning to local educational agencies or alter-
native education programs from correctional facilities. 
Services to students at-risk of dropping out of school shall 
not have a negative impact on meeting the transitional and 
academic needs of the students returning from correc-
tional facilities. 
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‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 
‘‘Each local educational agency desiring assistance 
under this chapter shall submit an application to the State 
educational agency that contains such information as the 
State educational agency may require. Each such applica-
tion shall include— 
‘‘(1) a description of the program to be as-
sisted; 
‘‘(2) a description of formal agreements, re-
garding the program to be assisted, between— 
‘‘(A) the local educational agency; and 
‘‘(B) correctional facilities and alternative 
school programs serving children and youth in-
volved with the juvenile justice system; 
‘‘(3) as appropriate, a description of how par-
ticipating schools will coordinate with facilities work-
ing with delinquent children and youth to ensure 
that such children and youth are participating in an 
education program comparable to one operating in 
the local school such youth would attend; 
‘‘(4) a description of the program operated by 
participating schools for children and youth return-
ing from correctional facilities and, as appropriate, 
the types of services that such schools will provide 
such children and youth and other at-risk children 
and youth; 
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‘‘(5) a description of the characteristics (includ-
ing learning difficulties, substance abuse problems, 
and other needs) of the children and youth who will 
be returning from correctional facilities and, as ap-
propriate, other at-risk children and youth expected 
to be served by the program, and a description of 
how the school will coordinate existing educational 
programs to meet the unique educational needs of 
such children and youth; 
‘‘(6) as appropriate, a description of how 
schools will coordinate with existing social, health, 
and other services to meet the needs of students re-
turning from correctional facilities and at-risk chil-
dren or youth, including prenatal health care and 
nutrition services related to the health of the parent 
and the child or youth, parenting and child develop-
ment classes, child care, targeted reentry and out-
reach programs, referrals to community resources, 
and scheduling flexibility; 
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training, 
curriculum-based youth entrepreneurship education, 
and mentoring services for participating students; 
‘‘(8) as appropriate, a description of how the 
program will involve parents in efforts to improve 
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tinuing their education but unable to participate in 
a traditional public school program. 
‘‘SEC. 1164. USES OF FUNDS. 
‘‘Funds provided to local educational agencies under 
this chapter may be used, as appropriate, for— 
‘‘(1) programs that serve children and youth re-
turning to local schools from correctional facilities, 
to assist in the transition of such children and youth 
to the school environment and help them remain in 
school in order to complete their education; 
‘‘(2) dropout prevention programs which serve 
at-risk children and youth; 
‘‘(3) the coordination of health and social serv-
ices for such individuals if there is a likelihood that 
the provision of such services, including day care, 
drug and alcohol counseling, and mental health serv-
ices, will improve the likelihood such individuals will 
complete their education; 
‘‘(4) special programs to meet the unique aca-
demic needs of participating children and youth, in-
cluding career and technical education, special edu-
cation, career counseling, curriculum-based youth 
entrepreneurship education, and assistance in secur-
ing student loans or grants for postsecondary edu-
cation; and 
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‘‘(5) programs providing mentoring and peer 
mediation. 
‘‘SEC. 
1165. 
PROGRAM 
REQUIREMENTS 
FOR 
CORREC-
TIONAL 
FACILITIES 
RECEIVING 
FUNDS 
UNDER THIS SECTION. 
‘‘Each correctional facility entering into an agree-
ment with a local educational agency under section 
1163(2) to provide services to children and youth under 
this chapter shall— 
‘‘(1) where feasible, ensure that educational 
programs in the correctional facility are coordinated 
with the student’s home school, particularly with re-
spect to a student with an individualized education 
program under part B of the Individuals with Dis-
abilities Education Act; 
‘‘(2) if the child or youth is identified as in 
need of special education services while in the cor-
rectional facility, notify the local school of the child 
or youth of such need; 
‘‘(3) where feasible, provide transition assist-
ance to help the child or youth stay in school, in-
cluding coordination of services for the family, coun-
seling, assistance in accessing drug and alcohol 
abuse prevention programs, tutoring, and family 
counseling; 
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‘‘(4) provide support programs that encourage 
children and youth who have dropped out of school 
to re-enter school and obtain a regular high school 
diploma once their term at the correctional facility 
has been completed, or provide such children and 
youth with the skills necessary to gain employment 
or seek a regular high school diploma or its recog-
nized equivalent; 
‘‘(5) work to ensure that the correctional facil-
ity is staffed with effective teachers and other quali-
fied staff who are trained to work with children and 
youth with disabilities taking into consideration the 
unique needs of such children and youth; 
‘‘(6) ensure that educational programs in the 
correctional facility are related to assisting students 
to meet the States’s academic standards; 
‘‘(7) to the extent possible, use technology to 
assist in coordinating educational programs between 
the correctional facility and the community school; 
‘‘(8) where feasible, involve parents in efforts to 
improve the educational achievement of their chil-
dren and prevent the further involvement of such 
children in delinquent activities; 
‘‘(9) coordinate funds received under this chap-
ter with other local, State, and Federal funds avail-
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able to provide services to participating children and 
youth, such as funds made available under title I of 
Public Law 105–220, and career and technical edu-
cation funds; 
‘‘(10) coordinate programs operated under this 
chapter with activities funded under the Juvenile 
Justice and Delinquency Prevention Act of 1974 and 
other comparable programs, if applicable; 
‘‘(11) if appropriate, work with local businesses 
to develop training, curriculum-based youth entre-
preneurship education, and mentoring programs for 
children and youth; and 
‘‘(12) consult with the local educational agency 
for a period jointly determined necessary by the cor-
rectional facility and local educational agency upon 
discharge from that facility to coordinate educational 
services so as to minimize disruption to the child’s 
or youth’s achievement. 
‘‘SEC. 1166. ACCOUNTABILITY. 
‘‘The State educational agency— 
‘‘(1) may require correctional facilities or insti-
tutions for neglected or delinquent children and 
youth to demonstrate, after receiving assistance 
under this chapter for 3 years, that there has been 
an increase in the number of children and youth re-
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141 
turning to school, obtaining a regular high school di-
ploma or its recognized equivalent, or obtaining em-
ployment after such children and youth are released; 
and 
‘‘(2) may reduce or terminate funding for 
projects under this chapter if a local educational 
agency does not show progress in the number of 
children and youth obtaining a regular high school 
diploma or its recognized equivalent. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1171. PROGRAM EVALUATIONS. 
‘‘(a) SCOPE OF EVALUATION.—Each State agency or 
local educational agency that conducts a program under 
chapters 
A 
or 
B 
shall 
evaluate 
the 
program, 
disaggregating data on participation by gender, race, eth-
nicity, and age, not less than once every 3 years, to deter-
mine the program’s impact on the ability of participants— 
‘‘(1) to maintain and improve educational 
achievement; 
‘‘(2) to accrue school credits that meet State re-
quirements for grade promotion and high school 
graduation; 
‘‘(3) to make the transition to a regular pro-
gram or other education program operated by a local 
educational agency; 
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‘‘(4) to complete high school (or high school 
equivalency requirements) and obtain employment 
after leaving the correctional facility or institution 
for neglected or delinquent children and youth; and 
‘‘(5) as appropriate, to participate in postsec-
ondary education and job training programs. 
‘‘(b) 
EXCEPTION.—The 
disaggregation 
required 
under subsection (a) shall not be required in a case in 
which the number of students in a category is insufficient 
to yield statistically reliable information or the results 
would reveal personally identifiable information about an 
individual student. 
‘‘(c) EVALUATION MEASURES.—In conducting each 
evaluation under subsection (a), a State agency or local 
educational agency shall use multiple and appropriate 
measures of student progress. 
‘‘(d) EVALUATION RESULTS.—Each State agency 
and local educational agency shall— 
‘‘(1) submit evaluation results to the State edu-
cational agency and the Secretary; and 
‘‘(2) use the results of evaluations under this 
section to plan and improve subsequent programs 
for participating children and youth. 
‘‘SEC. 1172. DEFINITIONS. 
‘‘In this subpart: 
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‘‘(1) ADULT
CORRECTIONAL
INSTITUTION.— 
The term ‘adult correctional institution’ means a fa-
cility in which persons (including persons under 21 
years of age) are confined as a result of a conviction 
for a criminal offense. 
‘‘(2) AT-RISK.—The term ‘at-risk’, when used 
with respect to a child, youth, or student, means a 
school-aged individual who— 
‘‘(A) is at-risk of academic failure; and 
‘‘(B) has a drug or alcohol problem, is 
pregnant or is a parent, has come into contact 
with the juvenile justice system in the past, is 
at least 1 year behind the expected grade level 
for the age of the individual, is an English 
learner, is a gang member, has dropped out of 
school in the past, or has a high absenteeism 
rate at school. 
‘‘(3) COMMUNITY
DAY
PROGRAM.—The term 
‘community day program’ means a regular program 
of instruction provided by a State agency at a com-
munity day school operated specifically for neglected 
or delinquent children and youth. 
‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH.—The term ‘institu-
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tion for neglected or delinquent children and youth’ 
means— 
‘‘(A) a public or private residential facility, 
other than a foster home, that is operated for 
the care of children who have been committed 
to the institution or voluntarily placed in the in-
stitution under applicable State law, due to 
abandonment, neglect, or death of their parents 
or guardians; or 
‘‘(B) a public or private residential facility 
for the care of children who have been adju-
dicated to be delinquent or in need of super-
vision. 
‘‘Subpart 4—English Language Acquisition, 
Language Enhancement, and Academic Achievement 
‘‘SEC. 1181. PURPOSES. 
‘‘The purposes of this subpart are— 
‘‘(1) to help ensure that English learners, in-
cluding immigrant children and youth, attain 
English proficiency and develop high levels of aca-
demic achievement in English; 
‘‘(2) to assist all English learners, including im-
migrant children and youth, to achieve at high levels 
in the core academic subjects so that those children 
can meet the same State academic standards that all 
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145 
children are expected to meet, consistent with sec-
tion 1111(b)(1); 
‘‘(3) to assist State educational agencies, local 
educational agencies, and schools in establishing, im-
plementing, and sustaining high-quality, flexible, evi-
dence-based language instruction educational pro-
grams designed to assist in teaching English learn-
ers, including immigrant children and youth; 
‘‘(4) to assist State educational agencies and 
local educational agencies to develop and enhance 
their capacity to provide high-quality, evidence-based 
instructional programs designed to prepare English 
learners, including immigrant children and youth, to 
enter all-English instruction settings; and 
‘‘(5) to promote parental and community par-
ticipation in language instruction educational pro-
grams for the parents and communities of English 
learners. 
‘‘CHAPTER A—GRANTS AND SUBGRANTS 
FOR ENGLISH LANGUAGE ACQUISI-
TION AND LANGUAGE ENHANCEMENT 
‘‘SEC. 1191. FORMULA GRANTS TO STATES. 
‘‘(a) IN GENERAL.—In the case of each State edu-
cational agency having a plan approved by the Secretary 
for a fiscal year under section 1192, the Secretary shall 
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reserve 4.4 percent of funds appropriated under section 
3(a)(1) to make a grant for the year to the agency for 
the purposes specified in subsection (b). The grant shall 
consist of the allotment determined for the State edu-
cational agency under subsection (c). 
‘‘(b) USE OF FUNDS.— 
‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 
Secretary may make a grant under subsection (a) 
only if the State educational agency involved agrees 
to expend at least 95 percent of the State edu-
cational agency’s allotment under subsection (c) for 
a fiscal year— 
‘‘(A) to award subgrants, from allocations 
under section 1193, to eligible entities to carry 
out the activities described in section 1194 
(other than subsection (e)); and 
‘‘(B) to award subgrants under section 
1193(d)(1) to eligible entities that are described 
in that section to carry out the activities de-
scribed in section 1194(e). 
‘‘(2) STATE ACTIVITIES.—Subject to paragraph 
(3), each State educational agency receiving a grant 
under subsection (a) may reserve not more than 5 
percent of the agency’s allotment under subsection 
(c) to carry out the following activities: 
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‘‘(A) Professional development activities, 
and other activities, which may include assisting 
personnel in— 
‘‘(i) meeting State and local certifi-
cation and licensing requirements for 
teaching English learners; and 
‘‘(ii) improving teacher skills in meet-
ing the diverse needs of English learners, 
including in how to implement evidence- 
based programs and curricula on teaching 
English learners. 
‘‘(B) Planning, evaluation, administration, 
and interagency coordination related to the sub-
grants referred to in paragraph (1). 
‘‘(C) Providing technical assistance and 
other forms of assistance to eligible entities that 
are receiving subgrants from a State edu-
cational agency under this chapter, including 
assistance in— 
‘‘(i) identifying and implementing evi-
dence-based 
language 
instruction 
edu-
cational programs and curricula for teach-
ing English learners; 
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148 
‘‘(ii) helping English learners meet 
the same State academic standards that all 
children are expected to meet; 
‘‘(iii) identifying or developing, and 
implementing, measures of English pro-
ficiency; and 
‘‘(iv) strengthening and increasing 
parent, family, and community engage-
ment. 
‘‘(D) Providing recognition, which may in-
clude providing financial awards, to subgrantees 
that have significantly improved the achieve-
ment and progress of English learners in— 
‘‘(i) reaching English language pro-
ficiency, based on the State’s English lan-
guage proficiency assessment under section 
1111(b)(2)(D); and 
‘‘(ii) meeting the State academic 
standards under section 1111(b)(1). 
‘‘(3) ADMINISTRATIVE
EXPENSES.—From the 
amount reserved under paragraph (2), a State edu-
cational agency may use not more than 40 percent 
of such amount or $175,000, whichever is greater, 
for the planning and administrative costs of carrying 
out paragraphs (1) and (2). 
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149 
‘‘(c) RESERVATIONS AND ALLOTMENTS.— 
‘‘(1) RESERVATIONS.—From the amount re-
served under section 1191(a) for each fiscal year, 
the Secretary shall reserve— 
‘‘(A) 0.5 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 chapter, as determined by the 
Secretary, for activities, approved by the Sec-
retary, consistent with this chapter; and 
‘‘(B) 6.5 percent of such amount for na-
tional activities under sections 1211 and 1222, 
except that not more than $2,000,000 of such 
amount may be reserved for the National Clear-
inghouse for English Language Acquisition and 
Language Instruction Educational Programs 
described in section 1222. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), from the amount reserved 
under section 1191(a) for each fiscal year that 
remains after making the reservations under 
paragraph (1), the Secretary shall allot to each 
State educational agency having a plan ap-
proved under section 1192(c)— 
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‘‘(i) an amount that bears the same 
relationship to 80 percent of the remainder 
as the number of English learners in the 
State bears to the number of such children 
in all States, as determined by data avail-
able from the American Community Survey 
conducted by the Department of Commerce 
or State-reported data; and 
‘‘(ii) an amount that bears the same 
relationship to 20 percent of the remainder 
as the number of immigrant children and 
youth in the State bears to the number of 
such children and youth in all States, as 
determined based only on data available 
from the American Community Survey 
conducted by the Department of Com-
merce. 
‘‘(B) MINIMUM
ALLOTMENTS.—No State 
educational agency shall receive an allotment 
under this paragraph that is less than 
$500,000. 
‘‘(C) REALLOTMENT.—If any State edu-
cational agency described in subparagraph (A) 
does not submit a plan to the Secretary for a 
fiscal year, or submits a plan (or any amend-
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151 
ment to a plan) that the Secretary, after rea-
sonable notice and opportunity for a hearing, 
determines does not satisfy the requirements of 
this chapter, the Secretary shall reallot any por-
tion of such allotment to the remaining State 
educational agencies in accordance with sub-
paragraph (A). 
‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 
The total amount allotted to Puerto Rico for 
any fiscal year under subparagraph (A) shall 
not exceed 0.5 percent of the total amount al-
lotted to all States for that fiscal year. 
‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 
making State allotments under paragraph (2) for 
each fiscal year, the Secretary shall determine the 
number of English learners in a State and in all 
States, using the most accurate, up-to-date data, 
which shall be— 
‘‘(A) data from the American Community 
Survey conducted by the Department of Com-
merce, which may be multiyear estimates; 
‘‘(B) the number of students being as-
sessed for English language proficiency, based 
on the State’s English language proficiency as-
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152 
sessment under section 1111(b)(2)(D), which 
may be multiyear estimates; or 
‘‘(C) a combination of data available under 
subparagraphs (A) and (B). 
‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLAN
REQUIRED.—Each State educational 
agency desiring a grant under this chapter shall submit 
a plan to the Secretary at such time and in such manner 
as the Secretary may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the process that the agency will 
use in awarding subgrants to eligible entities under 
section 1193(d)(1); 
‘‘(2) provide an assurance that— 
‘‘(A) the agency will ensure that eligible 
entities receiving a subgrant under this chapter 
comply 
with 
the 
requirement 
in 
section 
1111(b)(2)(B)(x) to annually assess in English 
learners who have been in the United States for 
3 or more consecutive years; 
‘‘(B) the agency will ensure that eligible 
entities receiving a subgrant under this chapter 
annually assess the English proficiency of all 
English learners participating in a program 
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funded under this chapter, consistent with sec-
tion 1111(b)(2)(D); 
‘‘(C) in awarding subgrants under section 
1193, the agency will address the needs of 
school systems of all sizes and in all geographic 
areas, including school systems with rural and 
urban schools; 
‘‘(D) subgrants to eligible entities under 
section 1193(d)(1) will be of sufficient size and 
scope to allow such entities to carry out high- 
quality, evidence-based language instruction 
educational programs for English learners; 
‘‘(E) the agency will require an eligible en-
tity receiving a subgrant under this chapter to 
use the subgrant in ways that will build such 
recipient’s capacity to continue to offer high- 
quality evidence-based language instruction edu-
cational programs that assist English learners 
in meeting State academic standards; 
‘‘(F) the agency will monitor the eligible 
entity receiving a subgrant under this chapter 
for compliance with applicable Federal fiscal re-
quirements; and 
‘‘(G) the plan has been developed in con-
sultation with local educational agencies, teach-
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154 
ers, administrators of programs implemented 
under this chapter, parents, and other relevant 
stakeholders; 
‘‘(3) describe how the agency will coordinate its 
programs and activities under this chapter with 
other programs and activities under this Act and 
other Acts, as appropriate; 
‘‘(4) describe how eligible entities in the State 
will be given the flexibility to teach English learn-
ers— 
‘‘(A) using a high-quality, evidence-based 
language instruction curriculum for teaching 
English learners; and 
‘‘(B) in the manner the eligible entities de-
termine to be the most effective; and 
‘‘(5) describe how the agency will assist eligible 
entities in increasing the number of English learners 
who acquire English proficiency. 
‘‘(c) APPROVAL.—The Secretary, after using a peer 
review process, shall approve a plan submitted under sub-
section (a) if the plan meets the requirements of this sec-
tion. 
‘‘(d) DURATION OF PLAN.— 
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‘‘(1) IN GENERAL.—Each plan submitted by a 
State educational agency and approved under sub-
section (c) shall— 
‘‘(A) remain in effect for the duration of 
the agency’s participation under this chapter; 
and 
‘‘(B) be periodically reviewed and revised 
by the agency, as necessary, to reflect changes 
to the agency’s strategies and programs carried 
out under this subpart. 
‘‘(2) ADDITIONAL INFORMATION.— 
‘‘(A) AMENDMENTS.—If the State edu-
cational agency amends the plan, the agency 
shall submit such amendment to the Secretary. 
‘‘(B) APPROVAL.—The Secretary shall ap-
prove such amendment to an approved plan, 
unless the Secretary determines that the 
amendment will result in the agency not meet-
ing the requirements, or fulfilling the purposes, 
of this subpart. 
‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 
subsection (a) may be submitted as part of a consolidated 
plan under section 5302. 
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‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 
provide technical assistance, if requested, in the develop-
ment of English proficiency standards and assessments. 
‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 
‘‘(a) IN GENERAL.—After making the reservation re-
quired under subsection (d)(1), each State educational 
agency receiving a grant under section 1191(c)(2) shall 
award subgrants for a fiscal year by allocating in a timely 
manner to each eligible entity in the State having a plan 
approved under section 1195 an amount that bears the 
same relationship to the amount received under the grant 
and remaining after making such reservation as the popu-
lation of English learners in schools served by the eligible 
entity bears to the population of English learners in 
schools served by all eligible entities in the State. 
‘‘(b) LIMITATION.—A State educational agency shall 
not award a subgrant from an allocation made under sub-
section (a) if the amount of such subgrant would be less 
than $10,000. 
‘‘(c) REALLOCATION.—Whenever a State educational 
agency determines that an amount from an allocation 
made to an eligible entity under subsection (a) for a fiscal 
year will not be used by the entity for the purpose for 
which the allocation was made, the agency shall, in accord-
ance with such rules as it determines to be appropriate, 
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reallocate such amount, consistent with such subsection, 
to other eligible entities in the State that the agency deter-
mines will use the amount to carry out that purpose. 
‘‘(d) REQUIRED RESERVATION.—A State educational 
agency receiving a grant under this chapter for a fiscal 
year— 
‘‘(1) shall reserve not more than 15 percent of 
the agency’s allotment under section 1191(c)(2) to 
award subgrants to eligible entities in the State that 
have experienced a significant increase, as compared 
to the average of the 2 preceding fiscal years, in the 
percentage or number of immigrant children and 
youth, who have enrolled, during the fiscal year pre-
ceding the fiscal year for which the subgrant is 
made, in public and nonpublic elementary schools 
and secondary schools in the geographic areas under 
the jurisdiction of, or served by, such entities; and 
‘‘(2) in awarding subgrants under paragraph 
(1)— 
‘‘(A) shall equally consider eligible entities 
that satisfy the requirement of such paragraph 
but have limited or no experience in serving im-
migrant children and youth; and 
‘‘(B) shall consider the quality of each 
local plan under section 1195 and ensure that 
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each subgrant is of sufficient size and scope to 
meet the purposes of this subpart. 
‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 
‘‘(a) PURPOSES
OF
SUBGRANTS.—A State edu-
cational agency may make a subgrant to an eligible entity 
from funds received by the agency under this chapter only 
if the entity agrees to expend the funds to improve the 
education of English learners, by assisting the children to 
learn English and meet State academic standards. In car-
rying out activities with such funds, the eligible entity 
shall use evidence-based approaches and methodologies for 
teaching English learners and immigrant children and 
youth for the following purposes: 
‘‘(1) Developing and implementing new lan-
guage instruction educational programs and aca-
demic content instruction programs for English 
learners and immigrant children and youth, includ-
ing programs of early childhood education, elemen-
tary school programs, and secondary school pro-
grams. 
‘‘(2) Carrying out highly focused, innovative, lo-
cally designed, evidence-based activities to expand or 
enhance existing language instruction educational 
programs and academic content instruction pro-
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grams for English learners and immigrant children 
and youth. 
‘‘(3) Implementing, within an individual school, 
schoolwide programs for restructuring, reforming, 
and upgrading all relevant programs, activities, and 
operations relating to language instruction edu-
cational programs and academic content instruction 
for English learners and immigrant children and 
youth. 
‘‘(4) Implementing, within the entire jurisdic-
tion of a local educational agency, agencywide pro-
grams for restructuring, reforming, and upgrading 
all relevant programs, activities, and operations re-
lating to language instruction educational programs 
and academic content instruction for English learn-
ers and immigrant children and youth. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en-
tity receiving funds under section 1193(a) for a fiscal year 
shall use not more than 2 percent of such funds for the 
cost of administering this chapter. 
‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi-
ble entity receiving funds under section 1193(a) shall use 
the funds— 
‘‘(1) to increase the English language pro-
ficiency of English learners by providing high-qual-
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ity, evidence-based language instruction educational 
programs that meet the needs of English learners 
and have demonstrated success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement in the 
core academic subjects; 
‘‘(2) to provide high-quality, evidence-based 
professional development to classroom teachers (in-
cluding teachers in classroom settings that are not 
the settings of language instruction educational pro-
grams), school leaders, administrators, and other 
school or community-based organization personnel, 
that is— 
‘‘(A) designed to improve the instruction 
and assessment of English learners; 
‘‘(B) designed to enhance the ability of 
teachers and school leaders to understand and 
implement curricula, assessment practices and 
measures, and instruction strategies for English 
learners; 
‘‘(C) evidence-based in increasing chil-
dren’s English language proficiency or substan-
tially increasing the subject matter knowledge, 
teaching knowledge, and teaching skills of 
teachers; and 
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this paragraph to an eligible entity after the 
initial year of the multiyear grant only if the 
Secretary determines that the eligible entity has 
made substantial progress in carrying out the 
activities assisted under the grant in accordance 
with the application submitted under paragraph 
(3) and any subsequent modifications to such 
application. 
‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs as-
sisted under this section. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
may award a dissemination grant described in 
this paragraph if, prior to awarding the grant, 
the Secretary determines that the material or 
program to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.— 
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