Subpart 1 – Grants and Subgrants for English Language Acquisition and Language Enhancement

SEC. 3111 | SEC. 3112 | SEC. 3113 | SEC. 3114 | SEC. 3115 | SEC. 3116

SEC. 3111. FORMULA GRANTS TO STATES.

(b) USE OF FUNDS-

(1) SUBGRANTS TO ELIGIBLE ENTITIES- The Secretary may make a grant under

(A) to award subgrants, from allocations under section 3114, to

(B) to award subgrants under section 3114(d)(1) to eligible entities

(2) STATE ACTIVITIES- Subject to paragraph (3), each State educational

(A) Professional development activities, and other activities, that

(B) Planning, evaluation, administration, and interagency coordination

(i) identifying and implementing language instruction educational

(ii) helping limited English proficient children meet the same

(iii) identifying or developing, and implementing, measures of

(iv) promoting parental and community participation in programs that

(D) Providing recognition, which may include providing financial

(3) ADMINISTRATIVE EXPENSES- From the amount reserved under paragraph

(1) RESERVATIONS- From the amount appropriated under section 3001(a) for

(A) 0.5 percent or $5,000,000 of such amount, whichever is greater,

(B) 0.5 percent of such amount for payments to outlying areas, to be

(D) such sums as may be necessary to make continuation awards under

(2) CONTINUATION AWARDS-

(A) IN GENERAL- Before making allotments to State educational agencies

(i) subparts 1 and 3 of part A of title VII (as in effect on the day

(ii) subparts 1 and 3 of part B of this title.

(B) USE OF FUNDS- The Secretary shall make the awards in order to

(3) STATE ALLOTMENTS-

(A) IN GENERAL- Except as provided in subparagraph (B), from the

(i) an amount that bears the same relationship to 80 percent of the

(ii) an amount that bears the same relationship to 20 percent of the

(B) MINIMUM ALLOTMENTS- No State educational agency shall receive an

(i) shall endeavor to make the State’s allotment available on a

(ii) shall reallot any portion of such allotment remaining after the

(D) SPECIAL RULE FOR PUERTO RICO- The total amount allotted to Puerto

(4) USE OF DATA FOR DETERMINATIONS-

(A) IN GENERAL- In making State allotments under paragraph (3), for

(B) SPECIAL RULE-

(i) FIRST 2 YEARS- In making determinations under subparagraph (A)

(ii) SUBSEQUENT YEARS- For subsequent fiscal years, the Secretary

(I) the data available from the American Community Survey

(II) the number of children being assessed for English proficiency

SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN

(a) ELIGIBLE ENTITIES- For the purpose of carrying out programs under this

(1) An Indian tribe.

(2) A tribally sanctioned educational authority.

(3) A Native Hawaiian or Native American Pacific Islander native

(4) An elementary school or secondary school that is operated or funded

(5) An elementary school or secondary school operated under a contract

(6) An elementary school or secondary school operated by the Bureau of

(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE- Notwithstanding any other

(c) SPECIAL RULE- An eligible entity described in subsection (a) that

SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

(a) PLAN REQUIRED- Each State educational agency and specially qualified

(b) CONTENTS- Each plan submitted under subsection (a) shall

(1) describe the process that the agency will use in making subgrants to

(2) describe how the agency will establish standards and objectives for

(3) contain an assurance that —

(A) in the case of a State educational agency, the agency consulted

(B) in the case of a specially qualified agency, the agency consulted

(C) the agency will ensure that eligible entities receiving a subgrant

(D) the agency will ensure that eligible entities receiving a subgrant

(E) in awarding subgrants under section 3114, the agency will address

(F) subgrants to eligible entities under section 3114(d)(1) will be of

(G) the agency will require an eligible entity receiving a subgrant

(4) describe how the agency will coordinate its programs and activities

(5) describe how the agency will hold local educational agencies,

(A) meeting all annual measurable achievement objectives described in

(B) making adequate yearly progress for limited English proficient

(C) achieving the purposes of this part; and

(6) describe how eligible entities in the State will be given the

(A) using a language instruction curriculum that is tied to

(B) in the manner the eligible entities determine to be the most

(c) APPROVAL- The Secretary, after using a peer review process, shall

(d) DURATION OF PLAN-

(1) IN GENERAL- Each plan submitted by a State educational agency or specially

(A) remain in effect for the duration of the agency’s participation

(B) be periodically reviewed and revised by the agency, as necessary,

(2) ADDITIONAL INFORMATION-

(A) AMENDMENTS- If the State educational agency or specially

(B) APPROVAL- The Secretary shall approve such amendment to an

(e) CONSOLIDATED PLAN- A plan submitted under subsection (a) may be

(f) SECRETARY ASSISTANCE- The Secretary shall provide technical

SEC. 3114. WITHIN-STATE ALLOCATIONS.

(a) IN GENERAL- After making the reservation required under subsection

(b) LIMITATION- A State educational agency shall not award a subgrant from

(c) REALLOCATION- Whenever a State educational agency determines that an

(d) REQUIRED RESERVATION- A State educational agency receiving a grant

(1) shall reserve not more than 15 percent of the agency’s allotment

(2) in awarding subgrants under paragraph (1) —

(A) shall equally consider eligible entities that satisfy the

(B) shall consider the quality of each local plan under section 3116

SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

(a) PURPOSES OF SUBGRANTS- A State educational agency may make a subgrant

(1) Developing and implementing new language instruction educational

(2) Carrying out highly focused, innovative, locally designed activities

(3) Implementing, within an individual school, schoolwide programs for

(4) Implementing, within the entire jurisdiction of a local educational

(b) ADMINISTRATIVE EXPENSES- Each eligible entity receiving funds under

(c) REQUIRED SUBGRANTEE ACTIVITIES- An eligible entity receiving funds

(1) to increase the English proficiency of limited English proficient

(A) English proficiency; and

(B) student academic achievement in the core academic subjects;

(2) to provide high-quality professional development to classroom

(A) designed to improve the instruction and assessment of limited

(B) designed to enhance the ability of such teachers to understand and

(C) based on scientifically based research demonstrating the

(D) of sufficient intensity and duration (which shall not include

(d) AUTHORIZED SUBGRANTEE ACTIVITIES- Subject to subsection (c), an

(1) Upgrading program objectives and effective instruction

(2) Improving the instruction program for limited English proficient

(3) Providing —

(A) tutorials and academic or vocational education for limited English

(B) intensified instruction.

(4) Developing and implementing elementary school or secondary school

(5) Improving the English proficiency and academic achievement of

(6) Providing community participation programs, family literacy

(A) to improve the English language skills of limited English

(B) to assist parents in helping their children to improve their

(7) Improving the instruction of limited English proficient children by

(A) the acquisition or development of educational technology or

(B) access to, and participation in, electronic networks for

(C) incorporation of the resources described in subparagraphs (A) and

(8) Carrying out other activities that are consistent with the purposes

(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL INCREASES IN IMMIGRANT

(1) IN GENERAL- An eligible entity receiving funds under section

(A) family literacy, parent outreach, and training activities designed

(B) support for personnel, including teacher aides who have been

(C) provision of tutorials, mentoring, and academic or career

(D) identification and acquisition of curricular materials,

(E) basic instruction services that are directly attributable to the

(F) other instruction services that are designed to assist immigrant

(G) activities, coordinated with community-based organizations,

(2) DURATION OF SUBGRANTS- The duration of a subgrant made by a State

(f) SELECTION OF METHOD OF INSTRUCTION-

(1) IN GENERAL- To receive a subgrant from a State educational agency

(2) CONSISTENCY- Such selection shall be consistent with sections 3125

(g) SUPPLEMENT, NOT SUPPLANT- Federal funds made available under this

SEC. 3116. LOCAL PLANS.

(a) PLAN REQUIRED- Each eligible entity desiring a subgrant from the State

(b) CONTENTS- Each plan submitted under subsection (a) shall

(1) describe the programs and activities proposed to be developed,

(2) describe how the eligible entity will use the subgrant funds to meet

(3) describe how the eligible entity will hold elementary schools and

(A) meeting the annual measurable achievement objectives described in

(B) making adequate yearly progress for limited English proficient

(C) annually measuring the English proficiency of limited English

(4) describe how the eligible entity will promote parental and community

(5) contain an assurance that the eligible entity consulted with

(6) describe how language instruction educational programs carried out

(c) TEACHER ENGLISH FLUENCY- Each eligible entity receiving a subgrant

(d) OTHER REQUIREMENTS FOR APPROVAL- Each local plan shall also contain

(1) each local educational agency that is included in the eligible

(2) the eligible entity annually will assess the English proficiency of

(3) the eligible entity has based its proposed plan on scientifically

(4) the eligible entity will ensure that the programs will enable

(5) the eligible entity is not in violation of any State law, including

-###- approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c).
subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year —
eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and
that are described in that section to carry out the activities described in section 3115(e).
agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) to carry out one or more of the following activities:
assist personnel in meeting State and local certification and licensing requirements for teaching limited English proficient children.
related to the subgrants referred to in paragraph (1).
eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in —
programs and curricula that are based on scientifically based research on teaching limited English proficient children;
challenging State academic content and student academic achievement standards as all children are expected to meet;
English proficiency; and
serve limited English proficient children.
awards, to subgrantees that have exceeded their annual measurable achievement objectives pursuant to section 3122.
(2), a State educational agency may use not more than 60 percent of such amount or $175,000, whichever is greater, for the planning and administrative costs of carrying out paragraphs (1) and (2).
each fiscal year, the Secretary shall reserve —
for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart;
allotted in accordance with their respective needs for assistance under this subpart, as determined by the Secretary, for activities, approved by the Secretary, consistent with this subpart;
3131 and 3303, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 3303; and
paragraph (2).
under paragraph (3) for any fiscal year, the Secretary shall use the sums reserved under paragraph (1)(D) to make continuation awards to recipients who received grants or fellowships for the fiscal year preceding any fiscal year described in section 3001(b)(1)(A) under —
before the date of enactment of the No Child Left Behind Act of 2001); or
allow such recipients to receive awards for the complete period of their grants or fellowships under the appropriate subparts.
amount appropriated under section 3001(a) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 3113(c) —
remainder as the number of limited English proficient children in the State bears to the number of such children in all States; and
remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States.
allotment under this paragraph that is less than $500,000.
subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the Secretary —
competitive basis to specially qualified agencies within the State to satisfy the requirements of section 3115 (and any additional requirements that the Secretary may impose), consistent with the purposes of such section, and to carry out required and authorized activities under such section; and
application of clause (i) to the remaining State educational agencies in accordance with subparagraph (A).
Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year.
the purpose of determining the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, for each fiscal year, the Secretary shall use data that will yield the most accurate, up-to-date numbers of such children and youth.
for the 2 fiscal years following the date of enactment of the No Child Left Behind Act of 2001, the Secretary shall determine the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, using data available from the Bureau of Census or submitted by the States to the Secretary.
shall determine the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, using the more accurate of —
available from the Department of Commerce; or
in a State as required under section 1111(b)(7).
IN SCHOOL.

amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. under this subpart for a fiscal year — under section 3111(c)(3) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part. to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of limited English proficient children, by assisting the children to learn English and meet challenging State academic content and student academic achievement standards. In carrying out activities with such funds, the entity shall use approaches and methodologies based on scientifically based research on teaching limited English proficient children and immigrant children and youth for the following purposes: programs and academic content instruction programs for such children, and such children and youth, including programs of early childhood education, elementary school programs, and secondary school programs. to expand or enhance existing language instruction educational programs and academic content instruction programs for such children, and such children and youth. restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for such children, and such children and youth. agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for such children, and such children and youth. section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. under section 3114(a) shall use the funds — children by providing high-quality language instruction educational programs that are based on scientifically based research demonstrating the effectiveness of the programs in increasing — and teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, administrators, and other school or community-based organizational personnel, that is — English proficient children; use curricula, assessment measures, and instruction strategies for limited English proficient children; effectiveness of the professional development in increasing children’s English proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher. eligible entity receiving funds under section 3114(a) may use the funds to achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities: strategies. children by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures. proficient children; and language instruction educational programs that are coordinated with other relevant programs and services. limited English proficient children. services, and parent outreach and training activities to limited English proficient children and their families — proficient children; and academic achievement and becoming active participants in the education of their children. providing for — instructional materials; materials, training, and communication; and (B) into curricula and programs, such as those funded under this subpart. of this section. CHILDREN AND YOUTH- 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include — to assist parents to become active participants in the education of their children; specifically trained, or are being trained, to provide services to immigrant children and youth; counseling for immigrant children and youth; educational software, and technologies to be used in the program carried out with funds; presence in the school district involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instruction services; children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. educational agency under section 3114(d)(1) shall be determined by the agency in its discretion. under this subpart, an eligible entity shall select one or more methods or forms of instruction to be used in the programs and activities undertaken by the entity to assist limited English proficient children to attain English proficiency and meet challenging State academic content and student academic achievement standards. through 3127. subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for limited English proficient children and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. — implemented, and administered under the subgrant; all annual measurable achievement objectives described in section 3122; secondary schools receiving funds under this subpart accountable for — section 3122; children, as described in section 1111(b)(2)(B); and proficient children, so that such children served by the programs carried out under this part develop proficiency in English while meeting State academic content and student academic achievement standards as required by section 1111(b)(1); participation in programs for limited English proficient children; teachers, researchers, school administrators, and parents, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing such plan; and under the subgrant will ensure that limited English proficient children being served by the programs develop English proficiency. under section 3114 shall include in its plan a certification that all teachers in any language instruction educational program for limited English proficient children that is, or will be, funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills. assurances that — entity is complying with section 3302 prior to, and throughout, each school year; all children with limited English proficiency participating in programs funded under this part; based research on teaching limited English proficient children; children to speak, read, write, and comprehend the English language and meet challenging State academic content and student academic achievement standards; and State constitutional law, regarding the education of limited English proficient children, consistent with sections 3126 and 3127.


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