section 2 of the amount of such agency’s allocation under
section 3 for the succeeding year.
(b) SERVICES TO CHILDREN ENROLLED IN NON-
PUBLIC SCHOOLS.—
(1) IN GENERAL.—No local educational agency
may receive any assistance under this Act for any
fiscal year unless such agency provides to the Sec-
retary assurances—
(A) that to the extent consistent with the
number of students of limited English pro-
ficiency who are enrolled in the nonpublic ele-
mentary or secondary schools within the district
served by a local educational agency, such agen-
cy, after consultation with appropriate officials
of such schools, shall provide for the benefit of
such students secular, neutral, and nonideolog-
ical services, materials, and equipment in ac-
cordance with this Act;
(B) that the control of funds provided
under this Act to any materials, equipment, and
property repaired, remodeled, or constructed
with those funds shall be in a public agency for
the uses and purposes provided in this Act, and
a public agency shall administer such funds and
property; and
(C) that the provision of services pursuant
to this paragraph shall be provided by employ-
ees of a public agency or through contract by
such public agency with a person, association,
agency, or corporation who or which, in the pro-
vision of such services, is independent of such
nonpublic elementary or secondary school and
of any religious organization, and such employ-
ment or contract shall be under the control and
supervision of such public agency, and the
funds provided under this paragraph shall not
be commingled with State or local funds.
(2) WAIVERS.—If by reason of any provision of
law a local educational agency is prohibited from
providing educational services for children enrolled
in elementary and secondary nonpublic schools, as
required by paragraph (1), or if the Secretary deter-
mines that a local educational agency has substan-
tially failed or is unwilling to provide for the partici-
pation on an equitable basis of children enrolled in
such schools, the Secretary may waive such require-
ment and shall arrange for the provision of services,
subject to the requirements of this Act, to such chil-
dren. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements
in accordance with the provisions of title I of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act $250,000,000 for each of fiscal years 2002
through 2006.
SEC. 6. DEFINITIONS.
For purposes of this Act, the following terms have
the following meanings:
(1) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education,
as determined under State law.
(2) LIMITED
ENGLISH
PROFICIENCY.—The
term ‘‘limited English proficiency’’, when used with
reference to an individual, means an individual—
(A) who—
(i) was not born in the United States
or whose native language is a language
other than English and comes from an en-
vironment where a language other than
English is dominant; or
(ii) is a Native American or Alaska
Native or who is a native resident of the
outlying areas and comes from an environ-
ment where a language other than English
has had a significant impact on such indi-
vidual’s level of English language pro-
ficiency; or
(iii) is migratory and whose native
language is other than English and comes
from an environment where a language
other than English is dominant; and
(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language and whose difficulties may deny such
individual the opportunity to learn successfully
in classrooms where the language of instruction
is English or to participate fully in our society.
(3) LOCAL
EDUCATIONAL
AGENCY.—(A) The
term ‘‘local educational agency’’ means a public
board of education or other public authority legally
constituted within a State for either administrative
control or direction of, or to perform a service func-
tion for, public elementary or secondary schools in a
city, county, township, school district, or other polit-
ical subdivision of a State, or for such combination
of school districts or counties as are recognized in a
State as an administrative agency for its public ele-
mentary or secondary schools.
(B) The term includes any other public institu-
tion or agency having administrative control and di-
rection of a public elementary or secondary school.
(C) The term includes an elementary or sec-
ondary school funded by the Bureau of Indian Af-
fairs but only to the extent that such inclusion
makes such school eligible for programs for which
specific eligibility is not provided to such school in
another provision of law and such school does not
have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that such school shall not
be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian Af-
fairs.
(4) NATIVE AMERICAN AND NATIVE AMERICAN
LANGUAGE.—The terms ‘‘Native American’’ and
‘‘Native American language’’ shall have the same
meaning given such terms in section 103 of the Na-
tive American Languages Act of 1990.
(5) NATIVE LANGUAGE.—The term ‘‘native lan-
guage’’, when used with reference to an individual of
limited English proficiency, means the language nor-
mally used by such individual, or in the case of a
child or youth, the language normally used by the
parents of the child or youth.
(6) OUTLYING
AREA.—The term ‘‘outlying
area’’ means the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
(7) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ means a nonprofit institutional day
or residential school, including a public secondary
charter school, that provides secondary education, as
determined under State law, except that such term
does not include any education beyond grade 12.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(9) STATE.—The term ‘‘State’’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying
areas.
(10) STATE EDUCATIONAL AGENCY.—The term
‘‘State educational agency’’ means the agency pri-
marily responsible for the State supervision of public
elementary and secondary schools.
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