20 U.S.C. § 6823 (EDUCATION)
§ 6823. State and specially qualified agency plans
(a) Plan required
Each State educational agency and specially qualified agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(b) Contents
Each plan submitted under subsection (a) of this section shall—
(1) describe the process that the agency will use in making subgrants to eligible entities under section 6824(d)(1) of this title;
(2) describe how the agency will establish standards and objectives for raising the level of English proficiency that are derived from the four recognized domains of speaking, listening, reading, and writing, and that are aligned with achievement of the challenging State academic content and student academic achievement standards described in section 6311(b)(1) of this title;
(3) contain an assurance that—
(A) in the case of a State educational agency, the agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and researchers, in developing the annual measurable achievement objectives described in section 6842 of this title;
(B) in the case of a specially qualified agency, the agency consulted with education-related community groups and nonprofit organizations, parents, teachers, and researchers, in developing the annual measurable achievement objectives described in section 6842 of this title;
(C) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 6311(b)(7) of this title to annually assess in English children who have been in the United States for 3 or more consecutive years;
(D) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all limited English proficient children participating in a program funded under this subpart, consistent with section 6311(b)(7) of this title;
(E) in awarding subgrants under section 6824 of this title, 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;
(F) subgrants to eligible entities under section 6824(d)(1) of this title will be of sufficient size and scope to allow such entities to carry out high-quality language instruction educational programs for limited English proficient children; and
(G) the agency will require an eligible entity 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 language instruction educational programs that assist limited English proficient children in meeting challenging State academic content and student academic achievement standards once assistance under this subpart is no longer available;
(4) describe how the agency will coordinate its programs and activities under this subpart with its other programs and activities under this chapter and other Acts, as appropriate;
(5) describe how the agency will hold local educational agencies, eligible entities, elementary schools, and secondary schools accountable for—
(A) meeting all annual measurable achievement objectives described in section 6842 of this title;
(B) making adequate yearly progress for limited English proficient children, as described in section 6311(b)(2)(B) of this title; and
(C) achieving the purposes of this part; and
(6) describe how eligible entities in the State will be given the flexibility to teach limited English proficient children—
(A) using a language instruction curriculum that is tied to scientifically based research on teaching limited English proficient children and that has been demonstrated to be effective; and
(B) in the manner the eligible entities determine to be the most effective.
(c) Approval
The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) of this section if the plan meets the requirements of this section.
(d) Duration of plan
(1) In general
Each plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) of this section shall—
(A) remain in effect for the duration of the agency’s participation under this part; 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 part.
(2) Additional information
(A) Amendments
If the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary.
(B) Approval
The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this part.
(e) Consolidated plan
A plan submitted under subsection (a) of this section may be submitted as part of a consolidated plan under section 7842 of this title.
(f) Secretary assistance
The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments.
(Pub. L. 89–10, title III, § 3113, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694.)
heading: Prior Provisions
text: A prior section 3113 of Pub. L. 89–10 was classified to section 6813 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.