20 U.S.C. § 6913 (EDUCATION)
§ 6913. Comprehensive school and systemwide improvement activities
(a) Program authorized
(1) Authority
The Secretary is authorized to award grants to eligible entities having applications approved under section 6914 of this title to enable such entities to develop and implement language instruction educational programs, and improve, reform, or upgrade programs or operations that serve significant percentages or numbers of limited English proficient children.
(2) Mandatory activities
Grants awarded under this section shall be used for—
(A) improving instruction programs for limited English proficient children by acquiring and upgrading curricula and related instruction materials;
(B) aligning the activities carried out under this section with State and local school reform efforts;
(C) providing training, aligned with State and local standards, to school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient children;
(D) developing and implementing plans, coordinated with plans for programs carried out under title II of the Higher Education Act of 1965 [20 U.S.C. 1021 et seq.] (where applicable), and subchapter II of this chapter (where applicable), to recruit teachers trained to serve limited English proficient children;
(E) implementing culturally and linguistically appropriate family education programs, or parent outreach and training activities, that are designed to assist parents of limited English proficient children to become active participants in the education of their children;
(F) coordinating the activities carried out under this section with other programs, such as programs carried out under this subchapter;
(G) providing services to meet the full range of the educational needs of limited English proficient children;
(H) annually assessing the English proficiency of all limited English proficient children served by the activities carried out under this section; and
(I) developing or improving accountability systems to monitor the academic progress of limited English proficient children.
(3) Permissible activities
Grants awarded under this section may be used for—
(A) implementing programs to upgrade reading and other academic skills of limited English proficient children;
(B) developing and using educational technology to improve learning, assessments, and accountability to meet the needs of limited English proficient children;
(C) implementing scientifically based research programs to meet the needs of limited English proficient children;
(D) providing tutorials and academic, or vocational and technical, training for limited English proficient children;
(E) developing and implementing State and local academic content and student academic achievement standards for learning English as a second language, as well as for learning other languages;
(F) developing and implementing programs for limited English proficient children to meet the needs of changing populations of such children;
(G) implementing policies to ensure that limited English proficient children have access to other education programs (other than programs designed to address limited English proficiency);
(H) assisting limited English proficient children with disabilities;
(I) developing and implementing programs to help children become proficient in English and other languages;
(J) acquiring or developing education technology or instruction materials for limited English proficient children, including materials in languages other than English;
(K) participating in electronic networks for materials, training, and communication and incorporating information derived from such participation in curricula and programs; and
(L) carrying out such other activities related to the purpose of this part as the Secretary may approve.
(4) Special rule
(A) Planning
A recipient of a grant under this section, before carrying out activities under this section, shall plan, train personnel, develop curricula, and acquire or develop materials, but shall not use funds made available under this section for planning purposes for more than 45 days.
(B) Commencement of activities
The recipient shall commence carrying out activities under this section not later than the later of—
(i) the beginning of the first school year that begins after the grant is received; or
(ii) 30 days after the date of receipt of the grant.
(b) Availability of appropriations
(1) Reservation of funds for continued payments
(A) Covered grant
In this paragraph, the term “covered grant” means a grant—
(i) that was awarded under sections 7112, 7113, 7114, or 7115 (as such sections were in effect on the day before January 8, 2002); and
(ii) for which the grant period has not ended.
(B) Reservation
For any fiscal year that is part of the grant period of a covered grant, the Secretary shall reserve funds for the payments described in subparagraph (C) from the amount appropriated for the fiscal year under section 6801(a) of this title and made available for carrying out this section.
(C) Payments
The Secretary shall continue to make grant payments to each entity that received a covered grant, in accordance with the terms of that grant, for the duration of the grant period of the grant, to carry out activities in accordance with the appropriate section described in subparagraph (A)(i).
(2) Availability
Of the amount appropriated for a fiscal year under section 6801(a) of this title that is made available to carry out this section, and that remains after the Secretary reserves funds for payments under paragraph (1)—
(A) not less than one-third of the remainder shall be used to award grants to eligible entities for activities carried out within an entire school district; and
(B) not less than two-thirds of the remainder shall be used to award grants to eligible entities for activities carried out within individual schools.
(c) Priority
In awarding grants under this section, the Secretary shall give priority to an applicant that—
(1) experiences a significant increase in the number or percentage of limited English proficient children enrolled in the applicant’s programs and has limited or no experience in serving limited English proficient children;
(2) is a local educational agency that serves a school district that has a total district enrollment that is less than 10,000 students;
(3) demonstrates that the applicant has a proven track record of success in helping limited English proficient children learn English and meet high academic standards; or
(4) serves a school district with a large number or percentage of limited English proficient children.
(d) Eligible entities
In this section, the term “eligible entity” means—
(1) one or more local educational agencies; or
(2) one or more local educational agencies, in collaboration with an institution of higher education, community-based organization, or State educational agency.
(Pub. L. 89–10, title III, § 3213, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1709.)
heading: References in Text
text: The Higher Education Act of 1965, referred to in subsec. (a)(2)(D), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title II of the Act is classified generally to subchapter II (§ 1021 et seq.) of chapter 28 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Sections 7112, 7113, 7114, and 7115 (as such sections were in effect on the day before January 8, 2002), referred to in subsec. (b)(1)(A)(i), means sections 7112, 7113, 7114, and 7115 of Pub. L. 89–10, as added by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3719–3722, which were classified to sections 7422, 7423, 7424, and 7425 of this title, respectively, prior to the general amendment of title VII of this chapter by Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1907.