‘‘(3) EVALUATION
COMPONENTS.—An evalua-
tion provided by an eligible entity under paragraph
(1) shall include—
‘‘(A) an evaluation of whether students en-
rolling in a program or activity conducted by
the entity with funds received under this chap-
ter—
‘‘(i) are mastering the English lan-
guage—
‘‘(I) by the end of the first grade,
in the case of students enrolling when
they are in kindergarten; or
‘‘(II) by the end of their second
academic year of enrollment, in the
case of other students; and
‘‘(ii) have achieved a working knowl-
edge of the English language that is suffi-
cient to permit them to perform, in
English, regular classroom work; and
‘‘(B) such other information as the State
may require.
‘‘SEC. 7124. DETERMINATION OF AMOUNT OF ALLOTMENT.
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b) and (c), from the sum available for the pur-
pose of making grants to States under this chapter for
any fiscal year, the Secretary shall allot to each State an
amount which bears the same ratio to such sum as the
total number of children and youth who are English lan-
guage learners and immigrant children and youth and who
reside in the State bears to the total number of such chil-
dren and youth residing in all States (excluding the Com-
monwealth of Puerto Rico and the outlying areas) that,
in accordance with section 7122, submit to the Secretary
an application for the year.
‘‘(b) PUERTO RICO.—From the sum available for the
purpose of making grants to States under this chapter for
any fiscal year, the Secretary shall allot to the Common-
wealth of Puerto Rico an amount equal to 1.5 percent of
the sums appropriated under section 7111(a).
‘‘(c) OUTLYING AREAS.—
‘‘(1) TOTAL
AVAILABLE
FOR
ALLOTMENT.—
From the sum available for the purpose of making
grants to States under this chapter for any fiscal
year, the Secretary shall allot to the outlying areas,
in accordance with paragraph (2), a total amount
equal to .5 percent of the sums appropriated under
section 7111(a).
‘‘(2) DETERMINATION
OF
INDIVIDUAL
AREA
AMOUNTS.—From the total amount determined
under paragraph (1), the Secretary shall allot to
each outlying area an amount which bears the same
ratio to such amount as the total number of children
and youth who are English language learners and
immigrant children and youth and who reside in the
outlying area bears to the total number of such chil-
dren and youth residing in all outlying areas that,
in accordance with section 7122, submit to the Sec-
retary an application for the year.
‘‘(d) POPULATION COUNTING.—The Secretary shall
determine when and how children and youth will be count-
ed for purposes of subsections (a) and (c).
‘‘(e) NO REDUCTION PERMITTED BASED ON TEACH-
ING METHOD.—The Secretary may not reduce a State’s
allotment based on the State’s selection of the immersion
method of instruction as its preferred method of teaching
the English language to children and youth who are
English language learners or immigrant children and
youth.
‘‘SEC. 7125. CONSTRUCTION.
‘‘Nothing in this chapter shall be construed as requir-
ing a State or a local educational agency to establish or
continue a program of native language instruction.
‘‘Subpart 2—Research and Dissemination
‘‘SEC. 7141. AUTHORITY.
‘‘The Secretary may conduct, through the Office of
Educational Research and Improvement, research for the
purpose of improving English language instruction for
children and youth who are English language learners and
immigrant children and youth. Activities under this sec-
tion shall be limited to research to identify successful mod-
els for teaching children English and distribution of re-
search results to States for dissemination to schools with
populations of students who are English language learn-
ers. Research conducted under this section may not focus
on any one method of instruction.’’.
SEC. 2. REPEAL OF EMERGENCY IMMIGRANT EDUCATION
PROGRAM.
Part C of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7541 et seq.) is re-
pealed.
SEC. 3. ADMINISTRATION.
Part D of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7571 et seq.) is redesig-
nated as part C of such title and amended to read as fol-
lows:
‘‘PART C—ADMINISTRATION
‘‘SEC. 7301. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided
to a State under section 7123(f), each State receiving a
grant under this title annually shall report to the Sec-
retary of Education on programs and activities under-
taken by the State under this title and the effectiveness
of such programs and activities in improving the education
provided to children and youth who are English language
learners and immigrant children and youth.
‘‘(b) SECRETARY.—Every other year, the Secretary
shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate a report on programs and activities undertaken by
States under this title and the effectiveness of such pro-
grams and activities in improving the education provided
to children and youth who are English language learners
and immigrant children and youth.
‘‘SEC. 7302. COMMINGLING OF FUNDS.
‘‘(a) ESEA FUNDS.—A person who receives Federal
funds under subpart 1 of part A may commingle such
funds with other funds the person receives under this Act
so long as the person satisfies the requirements of this
Act.
‘‘(b) STATE AND LOCAL FUNDS.—Except as provided
in section 14503, a person who receives Federal funds
under subpart 1 of part A may commingle such funds with
funds the person receives under State or local law for the
purpose of teaching English to children and youth who
are English language learners and immigrant children and
youth, to the extent permitted under such State or local
law, so long as the person satisfies the requirements of
this title and such law.’’.
SEC. 4. GENERAL PROVISIONS.
Part E of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7601 et seq.) is redesig-
nated as part D of such title and amended to read as fol-
lows:
‘‘PART D—GENERAL PROVISIONS
‘‘SEC. 7401. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) CHILDREN AND YOUTH.—The term ‘chil-
dren and youth’ means individuals aged 3 through
21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
tiveness or Indian tribe or tribally sanctioned edu-
cational authority which is representative of a com-
munity or significant segments of a community and
which provides educational or related services to in-
dividuals in the community. Such term includes a
Native Hawaiian or Native American Pacific Is-
lander native language educational organization.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) one or more local educational agen-
cies;
‘‘(B) one or more local educational agen-
cies in collaboration with—
‘‘(i) an institution of higher education;
‘‘(ii) a community-based organization;
‘‘(iii) a local educational agency; or
‘‘(iv) a State; or
‘‘(C) a community-based organization or
an institution of higher education which has an
application approved by a local educational
agency to enhance an early childhood education
program or a family education program.
‘‘(4) ENGLISH LANGUAGE LEARNER.—The term
‘English language learner’, when used with reference
to an individual, means an individual—
‘‘(A) aged 3 through 21;
‘‘(B) who—
‘‘(i) was not born in the United
States; or
‘‘(ii) comes from an environment
where a language other than English is
dominant and who normally uses a lan-
guage other than English; and
‘‘(C) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language that the difficulty may deny the indi-
vidual the opportunity—
‘‘(i) to learn successfully in a class-
room where the language of instruction is
English; or
‘‘(ii) to participate fully in society.
‘‘(5) IMMIGRANT CHILDREN AND YOUTH.—The
term ‘immigrant children and youth’ means individ-
uals who—
‘‘(A) are aged 3 through 21;
‘‘(B) were not born in any State; and
‘‘(C) have not attended school in any State
for more than three full academic years.
‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional corporation as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is
recognized as eligible for the special programs and
services provided by the United States to Indians be-
cause of their status as Indians.
‘‘(7) NATIVE AMERICAN AND NATIVE AMERICAN
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ have the meaning given
such terms in section 103 of the Native American
Languages Act (25 U.S.C. 2902).
‘‘(8) NATIVE HAWAIIAN OR NATIVE AMERICAN
PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL
ORGANIZATION.—The term ‘Native Hawaiian or Na-
tive American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion—
‘‘(A) a majority of whose governing board,
and a majority of whose employees, are fluent
speakers of the traditional Native American
languages used in the organization’s edu-
cational programs; and
‘‘(B) that has not less than five years of
successful experience in providing educational
services in traditional Native American lan-
guages.
‘‘(9) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
who is an English language learner, means the lan-
guage normally used by such individual.
‘‘(10) OUTLYING
AREA.—The term ‘outlying
area’ means any of the following:
‘‘(A) The Virgin Islands of the United
States.
‘‘(B) Guam.
‘‘(C) American Samoa.
‘‘(D) The Commonwealth of the Northern
Mariana Islands.
‘‘(11) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, or any outlying area.
‘‘(12) TRIBALLY
SANCTIONED
EDUCATIONAL
AUTHORITY.—The term ‘tribally sanctioned edu-
cational authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate a school de-
scribed in section 7112(a) or otherwise to
oversee the delivery of educational services
to members of the tribe; and
‘‘(ii) approved by the Secretary for
the purpose of carrying out programs
under subpart 1 of part A for individuals
served by a school described in section
7112(a).
‘‘SEC. 7402. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this title
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
title.
‘‘SEC. 7403. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing under this title shall be construed to negate
or supersede the legal authority, under State law of any
State agency, State entity, or State public official over
programs that are under the jurisdiction of the agency,
entity, or official.
‘‘SEC. 7404. RELEASE FROM DECREE.
‘‘Notwithstanding section 7403, any consent decree
entered into between a State, locality, or local educational
agency and the Department of Health, Education and
Welfare or the Department of Education, that requires
such State, locality, or local educational agency to develop,
implement, provide, or maintain any form of bilingual edu-
cation, is void.
‘‘SEC. 7405. OFFICE OF CIVIL RIGHTS GUIDELINES AND
COMPLIANCE STANDARDS.
‘‘(a) IN GENERAL.—The Secretary shall publish in
the Federal Register the enforcement guidelines and com-
pliance standards of the Office of Civil Rights of the De-
partment of Education that apply to a program or activity
to provide English language instruction to English lan-
guage learners that is undertaken by a State, locality, or
local educational agency.
‘‘(b) CONGRESSIONAL APPROVAL.—The Secretary
may not enter into any consent decree after the date of
the enactment of this section pursuant to a guideline or
standard described in subsection (a) with an entity de-
scribed in such subsection until the Congress has enacted
legislation approving the guideline or standard or other-
wise authorizing the Secretary to implement it.
‘‘SEC. 7406. REQUIREMENT FOR STATE STANDARDIZED
TESTING IN ENGLISH.
‘‘(a) REQUIREMENT.—In the case of a State receiving
a grant under this title that administers a State standard-
ized test to elementary or secondary school children in the
State, the State shall not exempt a child from the require-
ment that the test be administered in English, on the
ground that the child is an English language learner, if
the child—
‘‘(1) has resided, throughout the 2-year period
ending on the date the test is administered, in a geo-
graphic area that is under the jurisdiction of only
one local educational agency; and
‘‘(2) has received educational services from such
local educational agency throughout such 2-year pe-
riod (excluding any period in which such services are
not provided in the ordinary course).
‘‘(b) IN GENERAL.—Notwithstanding any other pro-
vision of this title, if a State fails to fulfill the requirement
of subsection (a), the Secretary shall withhold, in accord-
ance with section 455 of the General Education Provisions
Act, all funds otherwise made available to the State under
this title, until the State remedies such failure.’’.
SEC. 5. CONFORMING AMENDMENTS.
(a) TITLE HEADING.—The title heading of title VII
of the Elementary and Secondary Education Act of 1965
is amended to read as follows:
‘‘TITLE VII—ENGLISH LANGUAGE
FLUENCY AND FOREIGN LAN-
GUAGE 
ACQUISITION 
PRO-
GRAMS’’.
(b) ELEMENTARY
AND
SECONDARY
EDUCATION
ACT.—The Elementary and Secondary Education Act of
1965 is amended—
(1) in section 2209(b)(1)(C)(iii) (20 U.S.C.
6649(b)(1)(C)(iii)), by striking ‘‘Bilingual Education
Programs under part A of title VII.’’ and inserting
‘‘English language education programs under part A
of title VII.’’; and
(2) in section 14307(b)(1)(E) (20 U.S.C.
8857(b)(1)(E)), by striking ‘‘Subpart 1 of part A of
title VII (bilingual education).’’ and inserting
‘‘Chapter 2 of subpart 1 of part A of title VII
(English language education).’’.
(c) DEPARTMENT
OF EDUCATION ORGANIZATION
ACT.—The Department of Education Organization Act is
amended by striking ‘‘Office of Bilingual Education and
Minority Languages Affairs’’ each place such term ap-
pears and inserting ‘‘Office of English Language Acquisi-
tion’’.
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