Tag Archives: Policymakers

The Every Student Succeeds Act (ESSA)


ESSA Highlights

President Obama signs the Every Student Succeeds Act into law on December 10, 2015.

ESSA includes provisions that will help to ensure success for students and schools. Below are just a few. The law:

  • Advances equity by upholding critical protections for America’s disadvantaged and high-need students.
  • Requires—for the first time—that all students in America be taught to high academic standards that will prepare them to succeed in college and careers.
  • Ensures that vital information is provided to educators, families, students, and communities through annual statewide assessments that measure students’ progress toward those high standards.
  • Helps to support and grow local innovations—including evidence-based and place-based interventions developed by local leaders and educators—consistent with our Investing in Innovation and Promise Neighborhoods
  • Sustains and expands this administration’s historic investments in increasing access to high-quality preschool.
  • Maintains an expectation that there will be accountability and action to effect positive change in our lowest-performing schools, where groups of students are not making progress, and where graduation rates are low over extended periods of time.

History of ESEA

  • The Elementary and Secondary Education Act (ESEA) was signed into law in 1965 by President Lyndon Baines Johnson, who believed that “full educational opportunity” should be “our first national goal.” From its inception, ESEA was a civil rights law.

    ESEA offered new grants to districts serving low-income students, federal grants for textbooks and library books, funding for special education centers, and scholarships for low-income college students. Additionally, the law provided federal grants to state educational agencies to improve the quality of elementary and secondary education.


NCLB and Accountability

NCLB put in place measures that exposed achievement gaps among traditionally underserved students and their peers and spurred an important national dialogue on education improvement. This focus on accountability has been critical in ensuring a quality education for all children, yet also revealed challenges in the effective implementation of this goal.

Parents, educators, and elected officials across the country recognized that a strong, updated law was necessary to expand opportunity to all students; support schools, teachers, and principals; and to strengthen our education system and economy.

In 2012, the Obama administration began granting flexibility to states regarding specific requirements of NCLB in exchange for rigorous and comprehensive state- developed plans designed to close achievement gaps, increase equity, improve the quality of instruction, and increase outcomes for all students.


What’s Next?

Over the next few weeks, the U.S. Department of Education will work with states and districts to begin implementing the new law. Visit this page for updates and sign up for news about ESSA.


Have questions?

ESSA State Plan Notice of Intent to Submission

In the November 29, 2016 Dear Colleague Letter on ESSA State Plans, the Department established two deadlines for the submission of ESSA State Plans:

  • April 3, 2017
  • September 18, 2017

Consistent with the requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), the Department will conduct a peer review process of submitted State plans after each of the two submission dates. The Department will not review plans on a rolling basis and will consider each plan to be submitted only on one of the two dates above. In order to plan for the peer review of State plans, the Department requested that each State provide the date by which it intends to submit a consolidated State plan or individual State plans. The information below is provided for informational purposes. At any time, a State may decide to submit its State plan on the other submission date.

    State Submission Date
    Alabama September 18, 2017
    Alaska September 18, 2017
    Arizona April 3, 2017
    Arkansa September 18, 2017
    BIE September 18, 2017
    California September 18, 2017
    Colorado April 3, 2017
    Connecticut April 3, 2017
    Delaware April 3, 2017
    District of Columbia April 3, 2017
    Florida September 18, 2017
    Georgia September 18, 2017
    Hawaii September 18, 2017
    Idaho September 18, 2017
    Illinois April 3, 2017
    Indiana September 18, 2017
    Kansas September 18, 2017
    Kentucky September 18, 2017
    Louisiana April 3, 2017
    Maine April 3, 2017
    Maryland September 18, 2017
    Massaschusetts April 3, 2017
    Michigan April 3, 2017
    Minnesota September 18, 2017
    Mississippi September 18, 2017
    Missouri April 3, 2017
    Montana April 3, 2017
    Nebraska September 18, 2017
    Nevada April 3, 2017
    New Hampshire September 17, 2017
    New Jersey April 3, 2017
    New Mexico April 3, 2017
    New York September 18, 2017
    North Carolina September 17, 2017
    North Dakota April 3, 2017
    Ohio April 3, 2017
    Oklahoma September 18, 2017
    Oregon April 3, 2017
    Pennsylvania September 18, 2017
    Puerto Rico September 18, 2017
    Rhode Island September 18, 2017
    South Carolina September 18, 2017
    South Dakota September 18, 2017
    Tennessee April 3, 2017
    Texas September 18, 2017
    Utah September 18, 2017
    Vermont April 3, 2017
    Virginia September 18, 2017
    Washington September 18, 2017
    West Virginia September 18, 2017
    Wisconsin September 18, 2017
    Wyoming September 18, 2017

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Spanish Language Fact Sheet — Carrera a la Cima



Financiamiento mediante la Ley Estadounidense de Recuperación y Reinversión (American Recovery and Reinvestment Act):
$4.35 mil millones

Adjudicatarios:
Los Estados, el Distrito de Columbia y Puerto Rico.

Tipo de subvención:
Por concurso

Para mayores informes:
www.ed.govhttps://www2.ed.gov/programs/racetothetop

Finalidad:

El Fondo Carrera a la Cima de $4.35 mil millones constituye la mayor inversión federal por concurso de la historia de la reforma educativa. Premiará a los estados por sus logros en el pasado y creará incentivos para mejoras en el futuro, y retará a los estados a crear estrategias integrales para abordar los cuatro aspectos centrales de la reforma que impulsarán mejoras en las escuelas:

  • Adopción de la normativa y las evaluaciones internacionales que preparan a los estudiantes para triunfar en la universidad y el ámbito laboral;
  • Captación, actualización, retención y premiación de maestros y directores efectivos, especialmente, donde se necesitan más;
  • Elaboración de sistemas de datos que miden la eficacia de los estudiantes e indican a los maestros y directores cómo pueden mejorar la instrucción; y
  • Reversión de la situación de las escuelas de rendimiento más bajo.

Las adjudicaciones en la Carrera a la Cima se destinarán a los Estados que lideran con planes ambiciosos y, al mismo tiempo alcanzables, para implantar una reforma educativa coherente, contundente y completa en estos aspectos. Estos Estados ayudarán a innovar con reformas efectivas y darán el ejemplo para los Estados y los distritos escolares locales de todo el país.

Calendario de solicitudes y adjudicaciones:

El Departamento realizará dos vueltas del concurso. El plazo para las solicitudes de la primera vuelta vencerá el 19 de enero de 2010. Los revisores evaluarán las solicitudes y el Departamento dará a conocer los adjudicatarios de la primera vuelta de financiamiento para abril de 2010. El plazo para las solicitudes de la segunda vuelta vencerá el 1 de junio de 2010, y se darán a conocer todos los adjudicatarios para septiembre de 2010. Los Estados que presentan solicitud para la primera vuelta pero que no resultan adjudicatarios podrán volver a presentar solicitud en la segunda vuelta (junto con los Estados que presentan solicitud por primera vez en la segunda vuelta). Los adjudicatarios de la primera vuelta reciben subvenciones completas por lo cual no podrán solicitar financiamiento adicional en la segunda vuelta.

El Departamento planea realizar otro concurso de $350 millones en la Carrera a la Cima que convocará posteriormente.

Student-Centered Funding Pilot Submissions

This list includes all local educational agencies (LEAs) that applied for the Student-centered Funding Pilot as of the March 12, 2018, deadline and does not indicate their eligibility for an agreement.

District Jurisdiction
Wilsona School District California
Indianapolis Public Schools Indiana
Salem-Keizer School District 24J Oregon
Upper Adams School District Pennsylvania
Puerto Rico Department of Education
Local Flexibility Demonstration Agreement
Approval Letter (6/28/2018)

Updated Implementation Timing (1/3/2019)

Update to Authority (4/16/2019)

Puerto Rico

Summer 2018 Submission
This list includes the LEA that applied for the Student-Centered Funding Pilot as of the July 15, 2018, deadline and does not indicate its eligibility for an agreement.

District Jurisdiction
Roosevelt School District Arizona

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Student-Centered Funding Pilot

Well-Rounded Education through Student-Centered Funding Demonstration Grants

The Well-Rounded Education through Student-Centered Funding Demonstration Grants program provides competitive grants to local educational agencies (LEAs) to demonstrate model programs for providing well-rounded education opportunities through the development and implementation of student-centered funding (SCF) systems based on weighted per-pupil allocations under Section 1501 of the Elementary and Secondary Education Act of 1965, as amended (ESEA). Grants awarded under this program are intended to help build the capacity of LEAs to provide well-rounded education in order to establish models for expanding and enhancing delivery of such opportunities for educationally disadvantaged students.

For more information, please visit the following page: https://oese.ed.gov/offices/office-of-formula-grants/school-support-and-accountability/well-rounded-education-student-centered-funding-demonstration-grants/.

Student-Centered Funding Pilot

ESEA section 1501 authorizes the U.S. Secretary of Education to enter into local flexibility demonstration agreements with local educational agencies (LEAs) under which such agencies may consolidate eligible Federal education funds with State and local funds in accordance with certain requirements in order to develop a student-centered funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. Under a local flexibility demonstration agreement, an LEA may use the Federal funds allocated through its system flexibly, provided it meets the purposes of each Federal education program supported by the consolidated Federal funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable.

For an LEA that enters into a local flexibility demonstration agreement, the Secretary is authorized to waive those provisions of the ESEA that would otherwise prevent the LEA from using eligible Federal funds as part of such an agreement. Relieving an LEA from certain ESEA requirements in this manner would enable the LEA to use the Federal funds allocated through its student-centered funding system flexibly, provided it meets the purposes of each Federal education program supported by the consolidated Federal funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable.

For an LEA that enters into a local flexibility demonstration agreement, the Secretary is authorized to waive those provisions of the ESEA that would otherwise prevent the LEA from using eligible Federal funds as part of such an agreement. Relieving an LEA from certain ESEA requirements in this manner would enable the LEA to use the Federal funds allocated through its student-centered funding system flexibly, provided it meets the purposes of each Federal education program supported by the consolidated Federal funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable.

ESEA Section 1501 Resources

Technical Assistance – Disclaimer

The Department places a high priority on posting documents on its website that meet the accessibility standards established by Section 508 of the Rehabilitation Act and is working diligently to ensure that those standards are met by all documents posted on this page. If you experience problems with the accessibility of any of these materials, and need them in an alternative format, please contact the Department at (202)260-0826. Please be specific in your request about the information you need, which may include identifying a specific document and its location on the website.

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Technical Assistance – Partners

OESE supports numerous technical assistance providers, including technical assistance networks, the Comprehensive Centers and other partners to provide content expertise and resources to effectively address State grantee needs and assist with implementation of federal programs across key program areas. Please visit partner websites to learn more about the resources and supports available.

OSS Technical Assistance Partners

Regional Comprehensive Centers

Comprehensive Content Centers

Equity Assistance Centers

  • Region I: Connecticut, Delaware, Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virgin Islands, West Virginia
  • Region II: Alabama, Arkansas, District of Columbia, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia
  • Region III: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Wisconsin
  • Region IV: Alaska, American Samoa, Arizona, California, Colorado, Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming

Regional Educational Laboratories

The ten Regional Educational Laboratories, administered by the Institute of Education Sciences’ (IES) National Center for Education Evaluation and Regional Assistance (NCEE), work in partnership with school districts, state departments of education, and other educational stakeholders to use data and research to improve academic outcomes for students.

  • REL Appalachia: Kentucky, Tennessee, Virginia, & West Virginia
  • REL Central: Colorado, Kansas, Missouri, Nebraska, North Dakota, South Dakota, & Wyoming
  • REL Mid-Atlantic: Delaware, Maryland, New Jersey, Pennsylvania, & Washington, DC
  • REL Midwest: Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, & Wisconsin
  • REL Northeast and Islands: Connecticut, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, Rhode Island, Vermont, & the Virgin Islands
  • REL Northwest: Alaska, Idaho, Montana, Oregon, & Washington
  • REL Pacific: American Samoa, Commonwealth of the Northern Mariana Islands, Federated States of Micronesia (Chuuk, Kosrae, Pohnpei, and Yap), Guam, Hawai’i, Republic of the Marshall Islands, & Republic of Palau
  • REL Southeast: Alabama, Florida, Georgia, Mississippi, North Carolina, & South Carolina
  • REL Southwest: Arkansas, Louisiana, New Mexico, Oklahoma, & Texas
  • REL West: Arizona, California, Nevada, & Utah

Other National Technical Assistance Centers

Technical Assistance – English Learners

For the last several decades, English learners (ELs) have been among the fastest-growing populations in our Nation’s schools. ELs comprise nearly 10 percent of the student population nationwide, and in many schools, local educational agencies (LEAs) and States, account for an even higher percentage of the student population. The Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), (herein referred to as the ESEA), strives to ensure that ELs and immigrant youth attain English language proficiency and meet the same academic standards as their peers. This webpage contains information about requirements related to ELs in the ESEA, and provides links to resources to support States in developing and implementing programs and services for ELs.

The Office of Elementary and Secondary Education: English Learner Resources

To view ESEA guidance and regulatory information, navigate to other resources to support English learners in your State or district, and view your State’s consolidated ESSA State plan, please use the drop-down menus below. Please note that some of the resources listed are based on requirements related to English learners in the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). The ESEA was reauthorized by the ESSA on December 10, 2015. Changes to the requirements related to English learners under the reauthorized ESEA are not reflected in all of the resources posted. A notification will be published on this page when any updated resources are available.

If you require assistance accessing these resources (or do not see a resource responsive to your needs), please contact your State contact in the Office of State Support (OSS).

Guidance and Regulatory Information

While much of Title III, Part A of the ESEA remains the same as prior reauthorizations, several provisions related to ELs (e.g., accountability for performance on the English language proficiency assessment) are now part of Title I, Part A in the amended ESEA. The ESEA also contains several other changes under Title III, Part A, including new Title III reporting requirements. More information about requirements related to ELs in Title I and Title III is found below.

The ESEA continues to require each State to administer, to all students who are identified as ELs, an annual English language proficiency (ELP) assessment that is aligned to ELP standards (ESEA Section 1111(b)(2)(G)). More information about the ELP assessment can be found in the final regulations at the link below. These regulations also contain provisions regarding the inclusion of ELs in academic content assessments. Additionally, the ESEA requires that ELP assessments for all ELs and alternate ELP assessments (AELPA) for ELs who are students with the most significant cognitive disabilities in grades K-12 be submitted for peer review (ESEA section 1111(a)(4)). More information about ELP assessment peer review is found below.

The ESEA continues to require an LEA to provide for the equitable participation of private school students, teachers and other educational personnel in private schools located in areas served by the LEA. More information about equitable services requirements is found below.

The ESEA substantially expands provisions related to assessment and accountability for recently arrived English learners. More information about accountability models for recently arrived English learners is found below.

Other Tools and Resources

The Office of State Support (OSS) has developed a number of tools and resources that can be used by a State to support ELs. To view these resources and your State’s consolidated ESSA State plan, please use the links provided below.

ELSTAR

ELSTAR is a digital application dashboard to support state educational agency (SEA) leaders in making data-based decisions about English learner accountability. SEA staff can also use ELSTAR to support monitoring efforts, reflect on the validity and reliability of the English Language Proficiency (ELP) indicator, as well as prepare for technical assistance around the ELP indicator.

OSS Partners

OSS works with multiple partner offices that administer programs, provide technical assistance and enforce education laws pertaining to ELs. Please find a list of our partner offices and some of the relevant resources they provide below.

Office of Special Education Programs (OSEP)

Office for Civil Rights (OCR)

Office of English Language Acquisition (OELA)

Institute of Education Sciences (IES)

Office of Non-Public Education (ONPE)

In addition to the resources provided above, other general grant guidance pertaining to administration of federal programs can be found here:

Back to OSS Technical Assistance

Technical Assistance – Educator Equity

The Elementary and Secondary Education Act of 1965 (ESEA) requires State educational agencies (SEAs) and local education agencies (LEAs) to consider the rates at which low-income and minority students have access to excellent educators. This webpage contains information about these ESEA requirements, work that States and districts have done to date to address disproportionate access, and resources to support States in ensuring access to excellent educators for all students.

If you have questions about any information on this page, please contact OSS.TechnicalAssistance@ed.gov or your State contact in the Office of State Support.

Educator Equity: An Overview

Educator Equity under the Every Student Succeeds Act

ESEA, as amended by the Every Student Succeeds Act (ESSA) of 2015, requires SEAs and LEAs to address whether low-income and minority students served by Title I, Part A are taught at disproportionate rates by ineffective, out-of-field, or inexperienced educators to compared to their peers. More specifically, the law requires each SEA receiving a Title I, Part A grant to describe in its ESSA State plan:

  • “how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers,” and
  • “the measures the [SEA] will use to evaluate and publicly report the progress of the [SEA]” in addressing any disproportionality. (ESEA Section 1111(g)(1)(B))

Further, the ESEA requires each LEA receiving Title I, Part A subgrant to submit plans that include a description of “how the [LEA] will identify and address . . . any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers.” (ESEA Section 1112(b)(2))

Finally, the ESEA explicitly indicates that SEAs (ESEA Section 2101(c)(4)(B)(iii)) and LEAs (ESEA Section 2103(b)(3)(B)) may use Title II, Part A funds to address identified disparities in access to excellent teachers.

ESSA incorporates many the of equitable access requirements from earlier authorizations of the ESEA. The next section of this page provides additional information about educator equity plans and requirements under the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB).

Educator Equity under the No Child Left Behind Act

Under the ESEA, as amended by the NCLB, every SEA that received a Title I, Part A grant was required to submit to the U.S. Department of Education (the Department) an educator equity plan describing the steps the SEA would take to ensure that poor and minority students were not taught at higher rates than other students by inexperienced, unqualified, or out-of-field teachers and the measures that each SEA would use to evaluate and publicly report its progress in closing the equity gaps identified in its educator equity plans.

The Department required States to submit educator equity plans twice under NCLB: once in 2006 and, most recently, in 2015 and as part of the Excellent Educators for All initiative.

In July 2014, the Department launched the Excellent Educators for All initiative, which was “designed to move America toward the day when every student in every public school is taught by excellent educators.” This initiative had three major components:

  • Educator equity data. To support States in the development of their respective 2015 educator equity plans, the Department, in November 2014, provided to each State (i) an educator equity profile, which provided an analysis of State-specific data, and (ii) data files, which contained State-specific data from the Civil Rights Data Collection (CRDC) and other Department-managed data sets.
  • Equity Plans. The Department released Frequently Asked Questions to inform States’ submission of educator equity plans. All States, the District of Columbia, and Puerto Rico submitted and had approved educator equity plans in 2015.
  • Equitable Access Support Network. In late 2014, the Department launched the Equitable Access Support Network (EASN), a technical assistance network designed to support States in the drafting and implementation of their educator equity plans.

Each of these resources, including States’ approved 2015 educator equity plans, is available on the Department’s Improving Basic Programs Operated by Local Educational Agencies (Title I, Part A) webpage. Learn more about technical assistance resources available to States below.

The resources below are designed to help SEAs and LEAs in the development, implementation, and continuous improvement of their respective educator equity plans. If you require any assistance accessing any of these resources (or do not see a resource responsive to your needs), please contact your State contact in the Office of State Support

Educator Equity Resources

    Statute, Regulations & Guidance

    Stakeholder Engagement

    download files

    State Strategies for Engaging Stakeholders in Equity Planning and Beyond

    • Planning and Processes for Eliminating Equity Gaps

      download files

      Equity Plan Implementation Readiness Assessment

      • Data Analysis

        download files

        Equity Data Analysis: Getting Started on the Right Foot

        • Measuring, Monitoring & Reporting Progress

          download files

          Implementation Tips Sheet #1: Setting Equity Goals

          • Taking Action: Using Strategies that Work

            download files

            How SEAs Can Support District-Level Strategies

          Educator Equity Technical Assistance

          The Department and its partners provide technical assistance opportunities for States and LEAs related to the development and implementation of educator equity plans. The information below highlights some of these past and current technical assistance initiatives. For additional information about technical assistance initiatives or organizations, please contact your State contact in the Office of State Support.

          The Equitable Access Support Network | December 2014 – April 2017

          The Equitable Access Support Network (EASN) was established in 2014 to support States in the development and implementation of their 2015 educator equity plans. Further, after the reauthorization of the ESEA by the ESSA, the EASN supported States in understanding the educator equity requirements of the ESSA.

          The EASN developed tools and resources to support State development of educator equity plans. In addition, the EASN provided individualized support and collective technical assistance to all 50 States, Puerto Rico, the District of Columbia, and the Bureau of Indian Education through the following peer-to-peer opportunities:

          • EASN Communities of Practice offered SEAs ongoing opportunities to collaborate with peers and experts through online discussion boards and webinars focused on key topics related to ensuring equitable access to excellent educators, including: Data Use & Analysis, Policy & Programs, Rural Access Issues & Support, and Stakeholder Engagement.
          • EASN Work Groups offered select States short-term opportunities to engage with peers to achieve a shared set of objectives to address common challenges related to the implementation of educator equity plans. EASN work groups included: LEA Equity Planning, Managing for Results, and ESSA Equity Data & Analysis.
          • EASN Webinars provided States access to relevant research and tools developed and shared by EASN Consortium partners to support implementation of educator equity plans.

          The EASN concluded its work in June 2017. For additional information about the work of the EASN, please contact OSS.TechnicalAssistance@ed.gov.

          Technical Assistance Partners

          States seeking support in implementing educator equity provisions may request assistance from a number of technical assistance partners who are members of the Equitable Access Consortium, including:

          The Equitable Access Consortium

          In partnership with the U.S. Department of Education’s (ED) Office of State Support (OSS) and Office of School Support and Rural Programs (SSRP), the Equitable Access Consortium includes the EASN, the Center on Great Teachers and Leaders (GTL Center), Council of Chief State School Officers (CCSSO), and other ED-funded technical assistance centers: Regional Educational Laboratories, Regional Comprehensive Centers, and Equity Assistance Centers. Together, these partners support State education agencies SEAs and technical assistance providers with high-quality, responsive, and customized technical assistance as SEAs implement their equitable access plans.
          For additional information about the work of the Equitable Access Consortium, access the Equitable Access Consortium one-pager.

          Back to TA Resources

Title III Language Instruction For English Learners And Immigrant Students










SEC. 3001. [20 U.S.C. 6801] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title—

  1. $756,332,450 for fiscal year 2017;

  2. $769,568,267 for fiscal year 2018;

  3. $784,959,633 for fiscal year 2019; and

  4. $884,959,633 for fiscal year 2020.

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT

SEC. 3101. [20 U.S.C. 6811] SHORT TITLE.

This part may be cited as the ”English Language Acquisition, Language Enhancement, and Academic Achievement Act”.

SEC. 3102. [20 U.S.C. 6812] PURPOSES.

The purposes of this part are—

  1. to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English;

  2. to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet;

  3. to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth;

  4. to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instructional settings; and

  5. to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners.

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

SEC. 3111. [20 U.S.C. 6821] FORMULA GRANTS TO STATES.

  1. IN GENERAL.—In the case of each State educational agency having a plan 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).

  2. USE OF FUNDS.—

    1. SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may make a grant under 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—

      1. to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and

      2. to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry out the activities described in section 3115(e).

    2. STATE ACTIVITIES.—Subject to paragraph (3), each State educational 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:

      1. Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State.

      2. Providing effective teacher and principal preparation, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in—

        1. meeting State and local certification and licensing requirements for teaching English learners; and

        2. improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners.

      3. Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1).

      4. Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in—

        1. identifying and implementing effective language instruction educational programs and curricula for teaching English learners;

        2. helping English learners meet the same challenging State academic standards that all children are expected to meet;

        3. identifying or developing, and implementing, measures of English proficiency; and

        4. strengthening and increasing parent, family, and community engagement in programs that serve English learners.

      5. Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting—

        1. the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and

        2. the challenging State academic standards.

    3. DIRECT ADMINISTRATIVE EXPENSES.—From the amount reserved under paragraph (2), a State educational agency may use not more than 50 percent of such amount or $175,000, whichever is greater, for the planning and direct administrative costs of carrying out paragraphs (1) and (2).

  3. RESERVATIONS AND ALLOTMENTS.—

    1. RESERVATIONS.—From the amount appropriated under section 3001 for each fiscal year, the Secretary shall reserve—

      1. 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart;

      2. 0.5 percent of such amount for payments to outlying areas, to be 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; and

      3. 6.5 percent of such amount for national activities under sections 3131 and 3202, except that 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 3202.

    2. STATE ALLOTMENTS.—

      1. IN GENERAL.—Except as provided in subparagraph (B), from the amount appropriated under section 3001 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)—

        1. an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and

        2. an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined in accordance with paragraph (3)(B).

      2. MINIMUM ALLOTMENTS.—No State educational agency shall receive an allotment under this paragraph that is less than $500,000.

      3. REALLOTMENT.—If any State educational agency described in 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—

        1. shall endeavor to make the State’s allotment available on a 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

        2. shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with subparagraph (A).

      4. SPECIAL RULE FOR PUERTO RICO.—The total amount allotted to Puerto 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.

    3. USE OF DATA FOR DETERMINATIONS.—In making State allotments under paragraph (2) for each fiscal year, the Secretary shall—

      1. determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be—

        1. data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates;

        2. the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or

        3. a combination of data available under clauses (i) and (ii); and

      2. determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates.

SEC. 3112. [20 U.S.C. 6822] NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

  1. ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity:

    1. An Indian tribe.

    2. A tribally sanctioned educational authority.

    3. A Native Hawaiian or Native American Pacific Islander native language educational organization.

    4. An elementary school or secondary school that is operated or funded by the Bureau of Indian Education, or a consortium of such schools.

    5. An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education, in consortium with another such school or a tribal or community organization.

    6. An elementary school or secondary school operated by the Bureau of Indian Education and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education or a tribal or community organization.

  2. SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary.

  3. SPECIAL RULE.—An eligible entity described in subsection (a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 3114.

SEC. 3113. [20 U.S.C. 6823] STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

  1. 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 and in such manner as the Secretary may require.

  2. CONTENTS.—Each plan submitted under subsection (a) shall—

    1. describe the process that the agency will use in awarding subgrants to eligible entities under section 3114(d)(1);

    2. describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State;

    3. provide an assurance that—

      1. the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) regarding assessment of English learners in English;

      2. the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G);

      3. in awarding subgrants under section 3114, 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;

      4. subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners;

      5. 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 effective language instruction educational programs that assist English learners in meeting challenging State academic standards;

      6. the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and

      7. the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders;

    4. describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate;

    5. describe how each eligible entity will be given the flexibility to teach English learners—

      1. using a high-quality, effective language instruction curriculum for teaching English learners; and

      2. in the manner the eligible entity determines to be the most effective;

    6. describe how the agency will assist eligible entities in meeting—

      1. the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and

      2. the challenging State academic standards;

    7. describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 3114(d); and

    8. describe—

      1. how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and

      2. the steps the agency will take to further assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies.

  3. APPROVAL.—The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section.

  4. DURATION OF PLAN.—

    1. IN GENERAL.—Each plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) shall—

      1. remain in effect for the duration of the agency’s participation under this subpart; and

      2. be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart.

    2. ADDITIONAL INFORMATION.—

      1. AMENDMENTS.—If the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary.

      2. 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 subpart.

  5. CONSOLIDATED PLAN.—A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 8302.

(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested by the State, in the development of English proficiency standards and assessments.

SEC. 3114. [20 U.S.C. 6824] WITHIN-STATE ALLOCATIONS.

  1. IN GENERAL.—After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State.

  2. LIMITATION.—A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000.

  3. REALLOCATION.—Whenever a State educational agency determines that an 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.

  4. REQUIRED RESERVATION.—A State educational agency receiving a grant under this subpart for a fiscal year—

    1. shall reserve not more than 15 percent of the agency’s allotment under section 3111(c)(2) 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 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

    2. in awarding subgrants under paragraph (1)—

      1. shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and

      2. shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part.

SEC. 3115. [20 U.S.C. 6825] SUBGRANTS TO ELIGIBLE ENTITIES.

  1. PURPOSES OF SUBGRANTS.—A State educational agency may make a subgrant 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 English learners by assisting the children to learn English and meet the challenging State academic standards. In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes:

    1. Developing and implementing new language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs.

    2. Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth.

    3. Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth.

    4. Implementing, within the entire jurisdiction of a local educational 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 English learners and immigrant children and youth.

  2. DIRECT ADMINISTRATIVE EXPENSES.—Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart.

  3. REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under section 3114(a) shall use the funds—

    1. to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and demonstrate success in increasing—

      1. English language proficiency; and

      2. student academic achievement;

    2. to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals and other school leaders, administrators, and other school or community-based organizational personnel, that is—

      1. designed to improve the instruction and assessment of English learners;

      2. designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement curricula, assessment practices and measures, and instructional strategies for English learners;

      3. effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and

      4. of sufficient intensity and duration (which shall not include activities such as 1-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, as appropriate; and

    3. to provide and implement other effective activities and strategies that enhance or supplement language instruction educational programs for English learners, which—

      1. shall include parent, family, and community engagement activities; and

      2. may include strategies that serve to coordinate and align related programs.

  4. AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities:

    1. Upgrading program objectives and effective instructional strategies.

    2. Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures.

    3. Providing to English learners—

      1. tutorials and academic or career and technical education; and

      2. intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators.

    4. Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services.

    5. Improving the English language proficiency and academic achievement of English learners.

    6. Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families—

      1. to improve the English language skills of English learners; and

      2. to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children.

    7. Improving the instruction of English learners, which may include English learners with a disability, by providing for—

      1. the acquisition or development of educational technology or instructional materials;

      2. access to, and participation in, electronic networks for materials, training, and communication; and

      3. incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart.

    8. Offering early college high school or dual or concurrent enrollment programs or courses designed to help English learners achieve success in postsecondary education.

    9. Carrying out other activities that are consistent with the purposes of this section.

  5. ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL INCREASES IN IMMIGRANT CHILDREN AND YOUTH.—

    1. IN GENERAL.—An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include—

      1. family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children;

      2. recruitment of, and support for, personnel, including teachers and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth;

      3. provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth;

      4. identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds;

      5. basic instructional services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, 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 instructional services;

      6. other instructional services that are designed to assist immigrant 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

      7. activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services.

    2. DURATION OF SUBGRANTS.—The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion.

  6. SELECTION OF METHOD OF INSTRUCTION.—

    1. IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards.

    2. CONSISTENCY.—The selection described in paragraph (1) shall be consistent with sections 3124 through 3126.

  7. SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this 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 English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds.

SEC. 3116. [20 U.S.C. 6826] LOCAL PLANS.

  1. PLAN REQUIRED.—Each eligible entity desiring a subgrant from the State 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.

  2. CONTENTS.—Each plan submitted under subsection (a) shall—

    1. describe the effective programs and activities, including language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the challenging State academic standards;

    2. describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in—

      1. achieving English proficiency based on the State’s English language proficiency assessment under section 1111(b)(2)(G), consistent with the State’s long-term goals, as described in section 1111(c)(4)(A)(ii); and

      2. meeting the challenging State academic standards;

    3. describe how the eligible entity will promote parent, family, and community engagement in the education of English learners;

    4. contain assurances that—

      1. each local educational agency that is included in the eligible entity is complying with section 1112(e) prior to, and throughout, each school year as of the date of application;

      2. the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126;

      3. the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and

      4. the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers.

  3. TEACHER ENGLISH FLUENCY.—Each eligible entity receiving a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational program for English learners 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.

Subpart 2—Accountability and Administration

SEC. 3121. [20 U.S.C. 6841] REPORTING.

  1. IN GENERAL.—Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes—

    1. a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a description of how such programs and activities supplemented programs funded primarily with State or local funds;

    2. the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section 1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a minimum, by English learners with a disability;

    3. the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(G) [ 20A ] by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G);

    4. the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency;

    5. the number and percentage of English learners meeting challenging State academic standards for each of the 4 years after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a disability;

    6. the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner and first enrollment in the local educational agency; and

    7. any other information that the State educational agency may require.

  2. USE OF REPORT.—A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under this part.

  3. SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection.

SEC. 3122. [20 U.S.C. 6843] BIENNIAL REPORTS.

  1. STATES.—Based upon the reports provided to a State educational agency under section 3121, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the effectiveness of such programs and activities in improving the education provided to English learners.

  2. SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report—

    1. on programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners;

    2. on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this part to teach English learners;

    3. containing a critical synthesis of data reported by eligible entities to States under section 3121(a);

    4. containing a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(D);

    5. containing an estimate of the number of certified or licensed teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years;

    6. containing the findings of the most recent evaluation related to English learners carried out under section 8601;

    7. containing the number of programs or activities, if any, that were terminated because the entities carrying out the programs or activities were not able to reach program goals;

    8. containing the number of English learners served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part; and

    9. containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this part when applicable.

SEC. 3123. [20 U.S.C. 6844] COORDINATION WITH RELATED PROGRAMS.

In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments.

SEC. 3124. [20 U.S.C. 6845] RULES OF CONSTRUCTION.

Nothing in this part shall be construed—

  1. to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where appropriate;

  2. to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; or

  3. to limit the preservation or use of Native American languages.

SEC. 3125. [20 U.S.C. 6846] LEGAL AUTHORITY UNDER STATE LAW.

Nothing in this part shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official.

SEC. 3126. [20 U.S.C. 6847] CIVIL RIGHTS.

Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.

SEC. 3127. [20 U.S.C. 6848] PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children.

SEC. 3128. [20 U.S.C. 6849] PROHIBITION.

In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners.

Subpart 3—National Activities

SEC. 3131. [20 U.S.C. 6861] NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used—

    1. for effective preservice or inservice professional development programs that will improve the qualifications and skills of educational personnel involved in the education of English learners, including personnel who are not certified or licensed and educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness in meeting the needs of English learners;

    2. for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved;

    3. to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners;

    4. to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs;

    5. in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and

    6. as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs, to elementary school programs.

PART B—GENERAL PROVISIONS

SEC. 3201. [20 U.S.C. 7011] DEFINITIONS.

Except as otherwise provided, in this title:

    1. CHILD.—The term “child” means any individual aged 3 through 21.

    2. COMMUNITYBASED ORGANIZATION.—The term “community-based organization” means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization.

    3. ELIGIBLE ENTITY.—The term “eligible entity” means—

      1. one or more local educational agencies; or

      2. one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.

    4. ENGLISH LEARNER WITH A DISABILITY.—The term “English learner with a disability” means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act.

    5. IMMIGRANT CHILDREN AND YOUTH.—The term “immigrant children and youth” means individuals who—

      1. are aged 3 through 21;

      2. were not born in any State; and

      3. have not been attending one or more schools in any one or more States for more than 3 full academic years.

    6. INDIAN TRIBE.—The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

    7. LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The term “language instruction educational program” means an instruction course—

      1. in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and

      2. that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.

    8. NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— The terms “Native American” and “Native American language” shall have the meanings given such terms in section 103 of the Native American Languages Act.

    9. NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The term “Native Hawaiian or Native American Pacific Islander native language educational organization” means a nonprofit organization with—

      1. a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and

      2. not less than 5 years successful experience in providing educational services in traditional Native American languages.

    10. NATIVE LANGUAGE.—The term “native language”, when used with reference to an individual of limited English proficiency, means—

      1. the language normally used by such individual; or

      2. in the case of a child or youth, the language normally used by the parents of the child or youth.

    11. PARAPROFESSIONAL.—The term “paraprofessional” means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education.

    12. SPECIALLY QUALIFIED AGENCY.—The term “specially qualified agency” means an eligible entity in a State whose State educational agency—

      1. does not participate in a program under subpart 1 of part A for a fiscal year; or

      2. 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 such subpart.

    13. STATE.—The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

    14. TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The term “tribally sanctioned educational authority” means—

      1. any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and

      2. any nonprofit institution or organization that is—

        1. chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and

        2. approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a).

SEC. 3202. [20 U.S.C. 7013] NATIONAL CLEARINGHOUSE.

  1. IN GENERAL.—The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for English learners, and related programs. The National Clearinghouse shall—

    1. be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system supported by the Institute of Education Sciences;

    2. coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems;

    3. develop a system for improving the operation and effectiveness of federally funded language instruction educational programs;

    4. collect and disseminate information on—

      1. educational research and processes related to the education of English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners; and

      2. accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; and

    5. publish, on an annual basis, a list of grant recipients under this title.

  2. CONSTRUCTION.—Nothing in this section shall authorize the Secretary to hire additional personnel to execute subsection (a).

SEC. 3203. [20 U.S.C. 7014] REGULATIONS.

In developing regulations under this title, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners.

Footnotes

[20A] So in original. Probably should be “1111(b)(1)(F)”.

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