‘‘PART D—IMMIGRANT EDUCATION
‘‘SEC. 4401. SHORT TITLE.
‘‘This part may be cited as the ‘Emergency Immi-
grant Education Act of 1993’.
‘‘SEC. 4402. POLICY STATEMENT.
‘‘Congress recognizes that—
‘‘(1) the Government has jurisdiction over im-
migration and refugee admissions;
‘‘(2) immigrants and refugees have special
needs which require Government assistance in order
to facilitate assimilation;
‘‘(3) the Government has acknowledged these
needs by mandating that both documented and un-
documented immigrants be provided with medical at-
tention, education, and other services;
‘‘(4) the Government has not provided adequate
reimbursement to States that bear the costs of im-
migrant populations;
‘‘(5) the costs of educating immigrant children
have largely been left to States and local school dis-
tricts;
‘‘(6) the educational needs of immigrant chil-
dren create financial and administrative burdens on
school districts;
‘‘(7) the Government has an obligation to help
immigrant children assimilate; and
‘‘(8) the Government has an obligation to help
local educational agencies pay for the additional
costs of serving immigrant children.
‘‘SEC. 4403. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1)(A) The term ‘immigrant children’ means
children who were not born in any State and have
resided in any 1 or more States for less than 5 years
and are attending school in any State in the United
States.
‘‘(B) The term ‘immigrant’ has the same mean-
ing given such term under section 101(15) of the
Immigration and Nationality Act.
‘‘(2) The term ‘elementary or secondary
nonpublic schools’ means schools which comply with
the applicable compulsory attendance laws of the
State and which are exempt from taxation under
section 501(c)(3) of the Internal Revenue Code of
1954.
‘‘SEC. 4404. AUTHORIZATION AND ALLOCATION OF APPRO-
PRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to make payments to
which State educational agencies are entitled under this
part and local educational agencies under section 4412
and payments for administration under section 4404
$100,000,000 for each of the fiscal years 1994, 1995,
1996 and such sums as may be necessary for each of the
fiscal years 1997, 1998, 1999, and 2000.
‘‘(b) ALLOCATION OF APPROPRIATIONS.—(1) If the
sums appropriated for any fiscal year to make payments
to States under this part are not sufficient to pay in full
the sum of the amounts which State educational agencies
are entitled to receive under this part for such year, the
allocations to State educational agencies shall be ratably
reduced to the extent necessary to bring the aggregate of
such allocations within the limits of the amounts so appro-
priated.
‘‘(2) In the event that funds become available for
making payments under this part for any period after allo-
cations have been made under paragraph (1) of this sub-
section for such period, the amounts reduced under such
paragraph shall be increased on the same basis as they
were reduced.
‘‘SEC. 4405. STATE FUNDS.
‘‘(a) ADMINISTRATIVE COSTS.—The Secretary is au-
thorized to pay to each State educational agency amounts
equal to the amounts expended by it for the proper and
efficient administration of its functions under this part,
except that the total of such payments for any period shall
not exceed 2 percent of the amounts which the State edu-
cational agency is entitled to receive for such period under
this part.
‘‘(b) STATE FUNDS.—A State that receives funds
under this part may reserve not more than 3 percent of
such funds for services to immigrant children in local edu-
cational agencies that do not meet the requirements of sec-
tion 4407.
‘‘SEC. 4406. WITHHOLDING.
‘‘Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirements of
any provision of this part, the Secretary shall notify that
agency that further payments will not be made to the
agency under this part, or in the discretion of the Sec-
retary, that the State educational agency shall not make
further payments under this part to specified local edu-
cational agencies whose actions cause or are involved in
such failure until the Secretary is satisfied that there is
no longer any such failure to comply. Until the Secretary
is so satisfied, no further payments shall be made to the
State educational agency under this part, or payments by
the State educational agency under this part shall be lim-
ited to local educational agencies whose actions did not
cause or were not involved in the failure, as the case may
be.
‘‘SEC. 4407. STATE ENTITLEMENTS.
‘‘(a) PAYMENTS.—The Secretary shall, in accordance
with the provisions of this section, make payments to
State educational agencies for each of the fiscal years
1994 through 2000 for the purpose set forth in section
4407.
‘‘(b) ENTITLEMENTS.—(1) Except as provided in
paragraph (3) and in subsections (c) and (d) of this sec-
tion, the amount of the grant to which a State educational
agency is entitled under this part shall be equal to the
product of (A) the number of immigrant children enrolled
during such fiscal year in elementary and secondary public
schools under the jurisdiction of each local educational
agency described under paragraph (2) within that State,
and in any elementary or secondary nonpublic school with-
in the district served by each such local educational agen-
cy, multiplied by (B) $500.
‘‘(2) The local educational agencies referred to in
paragraph (1) are those local educational agencies in
which the sum of the number of immigrant children who
are enrolled in elementary or secondary public schools
under the jurisdiction of such agencies, and in elementary
or secondary nonpublic schools within the districts served
by such agencies, during the fiscal year for which the pay-
ments are to be made under this part, is equal to—
‘‘(A) at least 1,000; or
‘‘(B) at least 5 percent of the total number of
students enrolled in such public or nonpublic schools
during such fiscal year;
whichever number is less.
‘‘(c) DETERMINATIONS
OF
NUMBER
OF
CHIL-
DREN.—(1) Determinations by the Secretary under this
section for any period with respect to the number of immi-
grant children shall be made on the basis of data or esti-
mates provided to the Secretary by each State educational
agency in accordance with criteria established by the Sec-
retary, unless the Secretary determines, after notice and
opportunity for a hearing to the affected State educational
agency, that such data or estimates are clearly erroneous.
‘‘(2) No such determination with respect to the num-
ber of immigrant children shall operate because of an un-
derestimate or overestimate to deprive any State edu-
cational agency of its entitlement to any payment (or the
amount thereof) under this section to which such agency
would be entitled had such determination been made on
the basis of accurate data.
‘‘(d) REALLOCATION.—Whenever the Secretary de-
termines that any amount of a payment made to a State
under this part for a fiscal year will not be used by such
State for carrying out the purpose for which the payment
was made, the Secretary shall make such amount available
for carrying out such purpose to 1 or more other States
to the extent the Secretary determines that such other
States will be able to use such additional amount for car-
rying out such purpose. Any amount made available to a
State from an appropriation for a fiscal year in accordance
with the preceding sentence shall, for purposes of this
part, be regarded as part of such State’s payment (as de-
termined under subsection (b)) for such year, but shall
remain available until the end of the succeeding fiscal
year.
‘‘SEC. 4408. USES OF FUNDS.
‘‘(a) SERVICES AND COSTS.—Funds provided under
this part may be used in accordance with approved appli-
cations for supplementary educational services and costs
for immigrant children enrolled in the elementary and sec-
ondary public and nonpublic schools within the boundaries
of the local educational agency.
‘‘(b) KINDS OF SERVICES AND COSTS.—Financial
assistance shall be available to meet the costs of providing
immigrant children supplementary educational services in-
cluding—
‘‘(1) supplementary educational services nec-
essary to enable immigrant children to achieve a sat-
isfactory level of performance, including—
‘‘(A) English language instruction;
‘‘(B) other bilingual educational services;
and
‘‘(C) special materials and supplies;
‘‘(2) start-up costs for special services designed
to meet the needs of new populations of immigrant
children if services such as newcomer centers and
gateway facilities are unavailable;
‘‘(3) additional basic instructional services
which are directly attributable to the presence in the
local educational agencies of new populations of im-
migrant children, including the costs of providing
additional classroom supplies, overhead costs, costs
of construction, acquisition or rental of space, costs
of transportation, or such other costs as are directly
attributable to such additional basic instructional
services;
‘‘(4) essential inservice training for personnel
who will be providing instruction, including cultural
awareness training;
‘‘(5) special personnel to assess academic and
achievement levels, register and provide certain so-
cial services, and assist the parents of immigrant
children to help them understand the requirements
of their children’s educational programs;
‘‘(6) community and parent outreach programs;
‘‘(7) family educational services that enable
parents to contribute to the education of their chil-
dren;
‘‘(8) collaboration with social and health serv-
ices;
‘‘(9) counseling services; and
‘‘(10) preschool intervention programs.
‘‘SEC. 4409. APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency
shall be entitled to any payment under this part for any
period unless that agency submits an application to the
Secretary at such time, in such manner, and containing
or accompanied by such information, as the Secretary may
reasonably require. Each such application shall—
‘‘(1) provide that the educational programs,
services, and activities for which payments under
this part are made will be administered by or under
the supervision of the agency;
‘‘(2) provide assurances that payments under
this part will be used for purposes set forth in sec-
tion 4407;
‘‘(3) provide assurances that such payments will
be distributed among local educational agencies
within that State on the basis of the number of chil-
dren counted with respect to such local educational
agency under section 4406(b)(1), adjusted to reflect
any 
reductions 
imposed 
pursuant 
to 
section
4406(b)(3) which are attributable to such local edu-
cational agency;
‘‘(4) provide assurances that the State edu-
cational agency will not finally disapprove in whole
or in part any application for funds received under
this part without first affording the local educational
agency submitting an application for such funds rea-
sonable notice and opportunity for a hearing;
‘‘(5) provide for making such reports as the
Secretary may reasonably require to perform the
functions under this part; and
‘‘(6) provide assurances—
‘‘(A) that to the extent consistent with the
number of immigrant children enrolled in the
elementary or secondary nonpublic schools with-
in the district served by a local educational
agency, such agency, after consultation with ap-
propriate officials of such schools, shall provide
for the benefit of these children secular, neu-
tral, and nonideological services, materials, and
equipment necessary for the education of such
children;
‘‘(B) that the control of funds provided
under this part and title to any materials,
equipment, and property repaired, remodeled,
or constructed with those funds shall be in a
public agency for the uses and purposes pro-
vided in this part, and a public agency shall ad-
minister such funds and property; and
‘‘(C) that the provision of services pursu-
ant to this paragraph shall be provided by em-
ployees of a public agency or through contract
by such public agency with a person, associa-
tion, agency, or corporation who or which, in
the provision of such services, is independent of
such elementary or secondary nonpublic school
and of any religious organization; and such em-
ployment 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.
‘‘(b) APPROVAL
OF APPLICATION.—The Secretary
shall approve an application which meets the requirements
of subsection (a). The Secretary shall not finally dis-
approve an application of a State educational agency ex-
cept after reasonable notice and opportunity for a hearing
on the record to such agency.
‘‘SEC. 4410. PAYMENTS.
‘‘(a) AMOUNT.—Except as provided in section
4403(b), the Secretary shall pay to each State educational
agency having an application approved under section 4408
the amount which that State is entitled to receive under
this part.
‘‘(b) SERVICES
TO
CHILDREN
ENROLLED
IN
NONPUBLIC SCHOOLS.—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 section
4408(a)(6), or if the Secretary determines that a local
educational agency has substantially failed or is unwilling
to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive
such requirement and shall arrange for the provision of
services to such children through arrangements which
shall be subject to the requirements of this part. Such
waivers shall be subject to consultation, withholding, no-
tice, and judicial review requirements in accordance with
the provisions of chapter 1 of title I.
‘‘SEC. 4411. MINIMUM AMOUNTS FOR EQUAL FUNDING.
‘‘If 
appropriations 
under 
this 
part 
exceed
$50,000,000 for a fiscal year, such additional amounts
shall be divided equally between the programs developed
under sections 4407 and 4412.
‘‘SEC. 4412. DISTRICTWIDE IMMIGRANT GRANTS.
‘‘(a) IN GENERAL.—A grant may be made under this
section upon application by a local educational agency if
the sum of the number of immigrant children who are en-
rolled in elementary and secondary public and nonpublic
schools within the boundaries of the local educational
agency is equal to not less than 5,000 or not less than
10 percent of the total number of students enrolled in such
public or nonpublic schools during the fiscal year for which
the payments are to be made under this part, whichever
is less.
‘‘(b) USES OF FUNDS.—(1) Funds provided under
this part may be used in accordance with approved appli-
cations for supplementary educational services and costs
for immigrant children enrolled in the elementary and sec-
ondary public and nonpublic schools within the boundaries
of the local educational agency.
‘‘(2) Financial assistance shall be available to meet
the costs of providing immigrant children supplementary
educational services including—
‘‘(A) supplementary educational services nec-
essary to enable immigrant children to achieve a sat-
isfactory level of performance, including—
‘‘(i) English language instruction;
‘‘(ii) other bilingual educational services;
and
‘‘(iii) special materials and supplies;
‘‘(B) start-up costs for special services designed
to meet the needs of new populations of immigrant
children if services such as, newcomer centers and
gateway facilities are unavailable;
‘‘(C) additional basic instructional services
which are directly attributable to the presence in the
(local educational agencies) of new populations of
immigrant children, including the costs of providing
additional classroom supplies, overhead costs, costs
of construction, acquisition or rental of space, costs
of transportation, or such other costs as are directly
attributable to such additional basic instructional
services;
‘‘(D) essential inservice training for personnel
who will be providing instruction;
‘‘(E) special personnel to assess academic and
achievement levels, register and provide certain so-
cial services, and assist the parents of immigrant
children to help them understand the requirements
of their children’s educational programs;
‘‘(F) community and parent outreach programs;
‘‘(G) family educational services that enable
parents to contribute to the education of their chil-
dren;
‘‘(H) collaboration with social and health serv-
ices;
‘‘(I) counseling services; and
‘‘(J) preschool intervention programs.
‘‘(c) CONTENT OF APPLICATION.—Applications for
grants shall contain information regarding—
‘‘(1) the total number of children enrolled in
programs conducted by the local educational agency;
‘‘(2) the number of children residing in the area
served by the local educational agency who are en-
rolled in nonpublic schools;
‘‘(3) the number of children enrolled in public
and nonpublic schools in the area served by the local
educational agency who are immigrant children as
defined by this Act;
‘‘(4) the number of immigrant children who are
enrolled in instructional programs specifically de-
signed to meet their educational needs, as well as
descriptions of such programs;
‘‘(5) the number of immigrant children enrolled
in public or nonpublic schools in the area served by
the local educational agency who need or could bene-
fit from education programs such as programs as-
sisted under this part;
‘‘(6) the number of immigrant children who are
to receive instruction through the proposed program
and the extent of their educational needs;
‘‘(7) a statement of the applicant’s ability to
serve immigrant children, including an assessment of
the qualifications of personnel who will participate in
the proposed project and of the need for further
training of such personnel;
‘‘(8) the resources needed to develop and oper-
ate, or improve the proposed program;
‘‘(9) the school facilities needed to make room
for sudden increases in enrollment, with specific de-
scriptions of increases in classroom size and over-
crowded conditions;
‘‘(10) the activities which would be undertaken
under the grant, including training of educational
personnel and parents, and how these activities will
improve the educational attainment of immigrant
students and expand the capacity of the applicant to
operate programs such as those assisted under this
part when Federal assistance is no longer available;
‘‘(11) the total budget of the applicant’s local
educational agency;
‘‘(12) the percentage of the applicant’s total
budget that is spent on programs for immigrant
children; and
‘‘(13) the estimated cost of providing edu-
cational and educational-related services for the im-
migrant student population in the area served by the
local educational agency, including costs of construc-
tion.
‘‘(d) APPROVAL OF APPLICATIONS.—An application
for a grant under this part may be approved if the Sec-
retary determines—
‘‘(1) that the program will use qualified person-
nel;
‘‘(2) that Federal funds made available for the
project or activity will be used so as to supplement
the level of State and local funds that, in the ab-
sence of such Federal funds, would have been ex-
pended for special programs for immigrant children
and in no case supplant such State and local funds;
‘‘(3) that the assistance provided under the ap-
plication will contribute toward building the capacity
of the applicant to provide a program on a regular
basis, similar to that proposed for assistance, which
will be of sufficient size, scope, and quality to prom-
ise significant improvement in the education of chil-
dren of limited English proficiency, and that the ap-
plicant will have the resources and commitment to
continue the program when assistance under this
part is reduced or no longer available; and
‘‘(4) that the applicant will provide or secure
training for personnel participating, or preparing to
participate, in the program which will assist them to
meet State and local certification requirements and
that, to the extent possible, college or university
credit will be awarded for such training.
‘‘(e) SPECIAL CONSIDERATION.—In awarding grants,
the Secretary shall take into consideration—
‘‘(1) the geographic distribution of immigrant
children across the Nation and grants must be dis-
tributed accordingly, ensuring that there is geo-
graphic diversity in grant awards;
‘‘(2) the relative numbers of persons from low-
income families who would benefit from the appli-
cants’ programs; and
‘‘(3) the applicants’ relative ability to provide
needed services and activities.
‘‘(f) TERM.—Districtwide grants shall be made avail-
able for a 5-year period with the amount of each grant
not to exceed $400,000 for each fiscal year. Recipients
must submit to the Secretary a report each year that dem-
onstrates a continuing need for such funds.
‘‘SEC. 4413. REPORTS.
‘‘(a) BIENNIAL REPORT.—Each State educational
agency receiving funds under this part shall submit, bien-
nially, a report to the Secretary concerning the expendi-
ture of funds by local educational agencies under this part.
Each local educational agency receiving funds under this
part shall submit to the State educational agency such in-
formation as may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall
submit biannually a report to the appropriate committees
of the Congress concerning programs under this part.’’.
Æ
HR 3228 IH——2