20 USC CHAPTER 70, SUBCHAPTER VII, Part A: Bilingual Education

From Title 20—EDUCATIONCHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLSSUBCHAPTER VII—BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE ACQUISITION PROGRAMS

Part A—Bilingual Education

Part Referred to in Other Sections

This part is referred to in sections 1401, 6396, 6649, 7545, 7571, 7572, 7573, 7575, 7602 of this title.

§7401. Short title

This part may be cited as the "Bilingual Education Act".

(Pub. L. 89–10, title VII, §7101, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3716.)

§7402. Findings, policy, and purpose

(a) Findings

The Congress finds that—

(1) language-minority Americans speak virtually all world languages plus many that are indigenous to the United States;

(2) there are large and growing numbers of children and youth of limited-English proficiency, many of whom have a cultural heritage that differs from that of their English-proficient peers;

(3) the presence of language-minority Americans is related in part to Federal immigration policies;

(4) many language-minority Americans are limited in their English proficiency, and many have limited education and income;

(5) limited English proficient children and youth face a number of challenges in receiving an education that will enable such children and youth to participate fully in American society, including—

(A) segregated education programs;

(B) disproportionate and improper placement in special education and other special programs due to the use of inappropriate evaluation procedures;

(C) the limited-English proficiency of their own parents, which hinders the parents' ability to fully participate in the education of their children; and

(D) a shortage of teachers and other staff who are professionally trained and qualified to serve such children and youth;

(6) Native Americans and Native American languages (as such terms are defined in section 2902 of title 25), including native residents of the outlying areas, have a unique status under Federal law that requires special policies within the broad purposes of this chapter to serve the education needs of language minority students in the United States;

(7) institutions of higher education can assist in preparing teachers, administrators and other school personnel to understand and build upon the educational strengths and needs of language-minority and culturally diverse student enrollments;

(8) it is the purpose of this subchapter to help ensure that limited English proficient students master English and develop high levels of academic attainment in content areas;

(9) quality bilingual education programs enable children and youth to learn English and meet high academic standards including proficiency in more than one language;

(10) as the world becomes increasingly interdependent and as international communication becomes a daily occurrence in government, business, commerce, and family life, multilingual skills constitute an important national resource which deserves protection and development;

(11) educational technology has the potential for improving the education of language-minority and limited English proficient students and their families, and the Federal Government should foster this development;

(12) parent and community participation in bilingual education programs contributes to program effectiveness;

(13) research, evaluation, and data-collection capabilities in the field of bilingual education need to be strengthened so that educators and other staff can better identify and promote those programs, program implementation strategies, and instructional practices that result in effective education of limited English proficient children;

(14) the use of a child or youth's native language and culture in classroom instruction can—

(A) promote self-esteem and contribute to academic achievement and learning English by limited English proficient children and youth;

(B) benefit English-proficient children and youth who also participate in such programs; and

(15) the Federal Government, as exemplified by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and section 1703(f) of this title, has a special and continuing obligation to ensure that States and local school districts take appropriate action to provide equal educational opportunities to children and youth of limited English proficiency; and

(16) the Federal Government also, as exemplified by the Federal Government's efforts under this subchapter, has a special and continuing obligation to assist States and local school districts in developing the capacity to provide programs of instruction that offer limited English proficient children and youth an equal educational opportunity.

(b) Policy

The Congress declares it to be the policy of the United States, in order to ensure equal educational opportunity for all children and youth and to promote educational excellence, to assist State and local educational agencies, institutions of higher education and community-based organizations to build their capacity to establish, implement, and sustain programs of instruction for children and youth of limited English proficiency.

(c) Purpose

The purpose of this part is to educate limited English proficient children and youth to meet the same rigorous standards for academic performance expected of all children and youth, including meeting challenging State content standards and challenging State student performance standards in academic areas by—

(1) developing systemic improvement and reform of educational programs serving limited English proficient students through the development and implementation of exemplary bilingual education programs and special alternative instruction programs;

(2) developing bilingual skills and multicultural understanding;

(3) developing the English of such children and youth and, to the extent possible, the native language skills of such children and youth;

(4) providing similar assistance to Native Americans with certain modifications relative to the unique status of Native American languages under Federal law;

(5) developing data collection and dissemination, research, materials development, and technical assistance which is focused on school improvement for limited English proficient students; and

(6) developing programs which strengthen and improve the professional training of educational personnel who work with limited English proficient students.

(Pub. L. 89–10, title VII, §7102, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3716.)

References in Text

The Civil Rights Act of 1964, referred to in subsec. (a)(15), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

§7403. Authorization of appropriations

(a) In general

For the purpose of carrying out this part, there are authorized to be appropriated $215,000,000 for the fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

(b) Distribution

From the sums appropriated under subsection (a) of this section for any fiscal year, the Secretary shall reserve not less than 25 percent of such funds for such year to carry out subpart 3 of this part.

(Pub. L. 89–10, title VII, §7103, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3718.)

§7404. Native American and Alaska Native children in school

(a) Eligible entities

For the purpose of carrying out programs under this part for individuals served by elementary, secondary, and postsecondary schools operated predominately for Native American or Alaska Native children and youth, an Indian tribe, a tribally sanctioned educational authority, a Native Hawaiian or Native American Pacific Islander native language education organization, or an elementary or secondary school that is operated or funded by the Bureau of Indian Affairs shall be considered to be a local educational agency as such term is used in this part, subject to the following qualifications:

(1) "Indian tribe" defined

The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized for the special programs and services provided by the United States to Indians because of their status as Indians.

(2) "Tribally sanctioned educational authority" defined

The term "tribally sanctioned educational authority" means—

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

(B) any nonprofit institution or organization that is—

(i) chartered by the governing body of an Indian tribe to operate any such school or otherwise to oversee the delivery of educational services to members of that tribe; and

(ii) approved by the Secretary for the purpose of this section.

(b) Eligible entity application

Notwithstanding any other provision of this part, each eligible entity described in subsection (a) of this section shall submit any application for assistance under this part directly to the Secretary along with timely comments on the need for the proposed program.

(Pub. L. 89–10, title VII, §7104, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3718.)

References in Text

The Alaska Native Claims Settlement Act, referred to in subsec. (a)(1), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

§7405. Residents of territories and freely associated nations

For the purpose of carrying out programs under this part in the outlying areas, the term "local educational agency" shall include public institutions or agencies whose mission is the preservation and maintenance of native languages.

(Pub. L. 89–10, title VII, §7105, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3719.)

subpart 1—bilingual education capacity and demonstration grants

Subpart Referred to in Other Sections

This subpart is referred to in sections 7452, 7454, 7456, 8857 of this title.

§7421. Financial assistance for bilingual education

The purpose of this subpart is to assist local educational agencies, institutions of higher education, and community-based organizations, through the grants authorized under sections 7422, 7423, 7424, and 7425 of this title to—

(1) develop and enhance their capacity to provide high-quality instruction through bilingual education or special alternative instruction programs to children and youth of limited English proficiency; and

(2) to help such children and youth—

(A) develop proficiency in English, and to the extent possible, their native language; and

(B) meet the same challenging State content standards and challenging State student performance standards expected for all children and youth as required by section 6311(b) of this title.

(Pub. L. 89–10, title VII, §7111, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3719.)

§7422. Program development and implementation grants

(a) Purpose

The purpose of this section is to develop and implement new comprehensive, coherent, and successful bilingual education or special alternative instructional programs for limited English proficient students, including programs of early childhood education, kindergarten through twelfth grade education, gifted and talented education, and vocational and applied technology education.

(b) Program authorized

(1) Authority

(A) The Secretary is authorized to award grants to eligible entities having applications approved under section 7426 of this title to enable such entities to carry out activities described in paragraph (2).

(B) Each grant under this section shall be awarded for a period of three years.

(2) Authorized activities

(A) Grants awarded under this section shall be used to improve the education of limited English proficient students and their families by—

(i) developing and implementing comprehensive preschool, elementary, or secondary bilingual education or special alternative instructional programs that are coordinated with other relevant programs and services to meet the full range of educational needs of limited English proficient students; and

(ii) providing inservice training to classroom teachers, administrators, and other school or community-based organizational personnel to improve the instruction and assessment of language-minority and limited English proficient students.

(B) Grants under this section may be used to improve the education of limited English proficient students and their families by—

(i) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children;

(ii) improving the instructional program for limited English proficient students by identifying, acquiring, and upgrading curriculum, instructional materials, educational software and assessment procedures and, if appropriate, applying educational technology;

(iii) compensating personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to children and youth of limited English proficiency;

(iv) providing tutorials and academic or career counseling for children and youth of limited-English proficiency; and

(v) providing such other activities, related to the purposes of this part, as the Secretary may approve.

(c) "Eligible entity" defined

For the purpose of this section the term "eligible entity" means—

(1) one or more local educational agencies;

(2) one or more local educational agencies in collaboration with an institution of higher education, community-based organization or local or State educational agency; or

(3) a community-based organization or an institution of higher education which has an application approved by the local educational agency to develop and implement early childhood education or family education programs or to conduct an instructional program which supplements the educational services provided by a local educational agency.

(d) Due consideration

In awarding grants under this section, the Secretary shall give due consideration to the need for early childhood education, elementary education, and secondary education programs.

(Pub. L. 89–10, title VII, §7112, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3719.)

Section Referred to in Other Sections

This section is referred to in section 7421 of this title.

§7423. Program enhancement projects

(a) Purpose

The purpose of this section is to carry out highly focused, innovative, locally designed projects to expand or enhance existing bilingual education or special alternative instructional programs for limited English proficient students.

(b) Program authorized

(1) Authority

(B) Each grant under this section shall be awarded for a period of two years.

(2) Authorized activities

(A) Grants under this section shall be used for providing inservice training to classroom teachers, administrators, and other school or community-based organization personnel to improve the instruction and assessment of language-minority and limited English proficient students.

(B) Grants under this section may be used for—

(i) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children;

(iii) compensating personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to children and youth of limited-English proficiency;

(iv) providing tutorials and academic or career counseling for children and youth of limited-English proficiency;

(v) providing intensified instruction; and

(vi) providing such other activities, related to the purposes of this part, as the Secretary may approve.

(c) "Eligible entity" defined

For the purpose of this section the term "eligible entity" means—

(1) one or more local educational agencies;

(2) one or more local educational agencies in collaboration with an institution of higher education, community-based organization or local or State educational agency; or

(3) a community-based organization or an institution of higher education which has an application approved by the local educational agency to enhance early childhood education or family education programs or to conduct an instructional program which supplements the educational services provided by a local educational agency.

(Pub. L. 89–10, title VII, §7113, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3720.)

Section Referred to in Other Sections

This section is referred to in section 7421 of this title.

§7424. Comprehensive school grants

(a) Purpose

The purpose of this section is to provide financial assistance to eligible entities to implement schoolwide bilingual education programs or special alternative instruction programs for reforming, restructuring, and upgrading all relevant programs and operations, within an individual school, that serve all (or virtually all) children and youth of limited-English proficiency in schools with significant concentrations of such children and youth.

(b) Program authorized

(1) Authority

(B) Each grant under this section shall be awarded for five years.

(2) Termination

The Secretary shall terminate grants to eligible entities under this section if the Secretary determines that—

(A) the program evaluation required by section 7433 of this title indicates that students in the schoolwide program are not being taught to and are not making adequate progress toward achieving challenging State content standards and challenging State student performance standards; or

(B) in the case of a program to promote dual language facility, such program is not promoting such facility.

(3) Authorized activities

Grants under this section may be used to improve the education of limited English proficient students and their families by—

(A) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children;

(B) improving the instructional program for limited English proficient students by identifying, acquiring and upgrading curriculum, instructional materials, educational software and assessment procedures and, if appropriate, applying educational technology;

(C) compensating personnel, including teacher aides who have been specifically trained, or are being trained, to provide services to children and youth of limited English proficiency;

(D) providing tutorials and academic or career counseling for children and youth of limited-English proficiency;

(E) providing intensified instruction; and

(F) providing such other activities, related to the purposes of this part, as the Secretary may approve.

(4) Special rule

A grant recipient, before carrying out a program assisted under this section, shall plan, train personnel, develop curriculum, and acquire or develop materials.

(c) "Eligible entity" defined

For the purpose of this section the term "eligible entity" means—

(1) one or more local educational agencies; or

(2) one or more local educational agencies in collaboration with an institution of higher education, community-based organizations or a local or State educational agency.

(Pub. L. 89–10, title VII, §7114, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3721.)

Section Referred to in Other Sections

This section is referred to in sections 7421, 7426 of this title.

§7425. Systemwide improvement grants

(a) Purpose

The purpose of this section is to implement districtwide bilingual education programs or special alternative instruction programs to improve, reform, and upgrade relevant programs and operations, within an entire local educational agency, that serve a significant number of children and youth of limited English proficiency in local educational agencies with significant concentrations of such children and youth.

(b) Program authorized

(1) Authority

(B) Each grant under this section shall be awarded for 5 years.

(2) Termination

The Secretary shall terminate grants to eligible entities under this section if the Secretary determines that—

(A) the program evaluation required by section 7433 of this title indicates that students in the program are not being taught to and are not making adequate progress toward achieving challenging State content standards and challenging State student performance standards; or

(B) in the case of a program to promote dual language facility, such program is not promoting such facility.

(3) Preparation

Grants under this section may be used during the first 12 months exclusively for activities preparatory to the delivery of services.

(4) Uses

Grants under this section may be used to improve the education of limited English proficient students and their families by reviewing, restructuring, and upgrading—

(A) educational goals, curriculum guidelines and content, standards and assessments;

(B) personnel policies and practices including recruitment, certification, staff development, and assignment;

(D) student assignment policies and practices;

(E) family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children;

(F) the instructional program for limited English proficient students by identifying, acquiring and upgrading curriculum, instructional materials, educational software and assessment procedures and, if appropriate, applying educational technology;

(G) tutorials and academic or career counseling for children and youth of limited-English proficiency; and

(H) such other activities, related to the purposes of this part, as the Secretary may approve.

(c) "Eligible entity" defined

For the purpose of this section the term "eligible entity" means—

(1) one or more local educational agencies; or

(2) one or more local educational agencies in collaboration with an institution of higher education, community-based organizations or a local or State educational agency.

(Pub. L. 89–10, title VII, §7115, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3722.)

Section Referred to in Other Sections

This section is referred to in sections 7421, 7426 of this title.

§7426. Applications

(a) In general

(1) Secretary

To receive a grant under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

(2) State educational agency

An eligible entity, with the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of its application under this section to the State educational agency.

(b) State review and comments

(1) Deadline

The State educational agency, not later than 45 days after receipt of an application under this section, shall review the application and transmit such application to the Secretary.

(2) Comments

(A) Regarding any application submitted under this subchapter, the State educational agency shall—

(i) submit to the Secretary written comments regarding all such applications; and

(ii) submit to each eligible entity the comments that pertain to such entity.

(B) For purposes of this subpart, such comments shall address how the eligible entity—

(i) will further the academic achievement of limited English proficient students served pursuant to a grant received under this subpart; and

(ii) how the grant application is consistent with the State plan submitted under section 6311 of this title.

(c) Eligible entity comments

An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.

(d) Comment consideration

In making grants under this subpart the Secretary shall take into consideration comments made by a State educational agency.

(e) Waiver

Notwithstanding subsection (b) of this section, the Secretary is authorized to waive the review requirement of subsection (b) of this section if a State educational agency can demonstrate that such review requirement may impede such agency's ability to fulfill the requirements of participation in the State grant program, particularly such agency's data collection efforts and such agency's ability to provide technical assistance to local educational agencies not receiving funds under this chapter.

(f) Required documentation

Such application shall include documentation that the applicant has the qualified personnel required to develop, administer, and implement the proposed program.

(g) Contents

(1) In general

An application for a grant under this subpart shall contain the following:

(A) A description of the need for the proposed program, including data on the number of children and youth of limited-English proficiency in the school or school district to be served and the characteristics of such children and youth, such as language spoken, dropout rates, proficiency in English and the native language, academic standing in relation to the English-proficient peers of such children and youth, and, where applicable, the recency of immigration.

(B) A description of the program to be implemented and how such program's design—

(i) relates to the linguistic and academic needs of the children and youth of limited-English proficiency to be served;

(ii) is coordinated with other programs under this chapter, the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.] and other Acts, as appropriate, in accordance with section 8856 of this title;

(iii) involves the parents of the children and youth of limited-English proficiency to be served;

(iv) ensures accountability in achieving high academic standards; and

(v) promotes coordination of services for the children and youth of limited-English proficiency to be served and their families.

(C) A description, if appropriate, of the applicant's collaborative activities with institutions of higher education, community-based organizations, local or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.

(D) An assurance that the applicant will not reduce the level of State and local funds that the applicant expends for bilingual education or special alternative instruction programs if the applicant receives an award under this subpart.

(E) An assurance that the applicant will employ teachers in the proposed program that, individually or in combination, are proficient in English, including written, as well as oral, communication skills.

(F) A budget for grant funds.

(2) Additional information

Each application for a grant under section 7424 or 7425 of this title shall—

(A) describe—

(i) current services the applicant provides to children and youth of limited-English proficiency;

(ii) what services children and youth of limited-English proficiency will receive under the grant that such children or youth will not otherwise receive;

(iii) how funds received under this subpart will be integrated with all other Federal, State, local, and private resources that may be used to serve children and youth of limited-English proficiency;

(iv) specific achievement and school retention goals for the children and youth to be served by the proposed program and how progress toward achieving such goals will be measured; and

(v) current family education programs if applicable; and

(B) provide assurances that—

(i) the program funded will be integrated with the overall educational program; and

(ii) the application has been developed in consultation with an advisory council, the majority of whose members are parents and other representatives of the children and youth to be served in such programs.

(h) Approval of applications

An application for a grant under this subpart may be approved only if the Secretary determines that—

(1) the program will use qualified personnel, including personnel who are proficient in the language or languages used for instruction;

(2) in designing the program for which application is made, the needs of children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar type to those which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public school children;

(3) student evaluation and assessment procedures in the program are valid, reliable, and fair for limited English proficient students, and that limited English proficient students who are disabled are identified and served in accordance with the requirements of the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];

(4) Federal funds made available for the project or activity will be used so as to supplement the level of State and local funds that, in the absence of such Federal funds, would have been expended for special programs for children of limited English proficient individuals and in no case to supplant such State and local funds, except that nothing in this paragraph shall be construed to preclude a local educational agency from using funds under this subchapter for activities carried out under an order of a court of the United States or of any State respecting services to be provided such children, or to carry out a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] with respect to services to be provided such children;

(5) the assistance provided under the application will contribute toward building the capacity of the applicant to provide a program on a regular basis, similar to that proposed for assistance, which will be of sufficient size, scope, and quality to promise significant improvement in the education of students of limited-English proficiency, and that the applicant will have the resources and commitment to continue the program when assistance under this subpart is reduced or no longer available; and

(6) the applicant provides for utilization of the State and national dissemination sources for program design and in dissemination of results and products.

(i) Priorities and special rules

(1) Priority

The Secretary shall give priority to applications which provide for the development of bilingual proficiency both in English and another language for all participating students.

(2) Special alternative instructional program

Grants for special alternative instructional programs under this subpart shall not exceed 25 percent of the funds provided for any type of grant under any section, or of the total funds provided, under this subpart for any fiscal year.

(3) Special rule

Notwithstanding paragraph (2), the Secretary may award grants under this subpart for special alternative instructional programs if an applicant has demonstrated that the applicant cannot develop and implement a bilingual education program for the following reasons:

(A) Where the diversity of the limited English proficient students' native languages and the small number of students speaking each respective language makes bilingual education impractical.

(B) Where, despite documented efforts, the applicant has not been able to hire qualified instructional personnel who are able to communicate in the students' native language.

(4) Consideration

In approving applications under this subpart, the Secretary shall give consideration to the degree to which the program for which assistance is sought involves the collaborative efforts of institutions of higher education, community-based organizations, the appropriate local and State educational agency, or businesses.

(5) Due consideration

The Secretary shall give due consideration to applications providing training for personnel participating in or preparing to participate in the program which will assist such personnel in meeting State and local certification requirements and that, to the extent possible, describe how college or university credit will be awarded for such training.

(Pub. L. 89–10, title VII, §7116, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3723.)

References in Text

The Goals 2000: Educate America Act, referred to in subsec. (g)(1)(B)(ii), is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended, which is classified principally to chapter 68 (§5801 et seq.) of this title (except subchapters V (§5931 et seq.) and IX (§6001 et seq.)). For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (h)(3), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (h)(4), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Section Referred to in Other Sections

This section is referred to in sections 7422, 7423, 7424, 7425 of this title.

§7427. Intensified instruction

In carrying out this subpart, each grant recipient may intensify instruction for limited English proficient students by—

(1) expanding the educational calendar of the school in which such student is enrolled to include programs before and after school and during the summer months;

(2) expanding the use of professional and volunteer aids;

(3) applying technology to the course of instruction; and

(4) providing intensified instruction through supplementary instruction or activities, including educationally enriching extracurricular activities, during times when school is not routinely in session.

(Pub. L. 89–10, title VII, §7117, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3727.)

§7428. Capacity building

Each recipient of a grant under this subpart shall use the grant in ways that will build such recipient's capacity to continue to offer high-quality bilingual and special alternative education programs and services to children and youth of limited-English proficiency once Federal assistance is reduced or eliminated.

(Pub. L. 89–10, title VII, §7118, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3727.)

§7429. Subgrants

A local educational agency that receives a grant under this subpart may, with the approval of the Secretary, make a subgrant to, or enter into a contract with, an institution of higher education, a nonprofit organization, or a consortium of such entities to carry out an approved program, including a program to serve out-of-school youth.

(Pub. L. 89–10, title VII, §7119, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3727.)

§7430. Priority on funding

The Secretary shall give priority to applications under this subpart that describe a program that—

(1) enrolls a large percentage or large number of limited English proficient students;

(2) takes into account significant increases in limited English proficient children and youth, including such children and youth in areas with low concentrations of such children and youth; and

(3) ensures that activities assisted under this subpart address the needs of school systems of all sizes and geographic areas, including rural and urban schools.

(Pub. L. 89–10, title VII, §7120, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3727.)

§7431. Coordination with other programs

In order to secure the most flexible and efficient use of Federal funds, any State receiving funds under this subpart shall coordinate its program with other programs under this chapter, the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.], and other Acts, as appropriate, in accordance with section 8856 of this title.

(Pub. L. 89–10, title VII, §7121, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3728.)

References in Text

The Goals 2000: Educate America Act, referred to in text, is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended, which is classified principally to chapter 68 (§5801 et seq.) of this title (except subchapters V (§5931 et seq.) and IX (§6001 et seq.)). For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

§7432. Programs for Native Americans and Puerto Rico

Programs authorized under this part that serve Native American children, Native Pacific Island children, and children in the Commonwealth of Puerto Rico, notwithstanding any other provision of this part, may include programs of instruction, teacher training, curriculum development, evaluation, and testing designed for Native American children and youth learning and studying Native American languages and children and youth of limited-Spanish proficiency, except that one outcome of such programs serving Native American children shall be increased English proficiency among such children.

(Pub. L. 89–10, title VII, §7122, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3728.)

§7433. Evaluations

(a) Evaluation

Each recipient of funds under this subpart shall provide the Secretary with an evaluation, in the form prescribed by the Secretary, of such recipient's program every two years.

(b) Use of evaluation

Such evaluation shall be used by a grant recipient—

(1) for program improvement;

(2) to further define the program's goals and objectives; and

(3) to determine program effectiveness.

(c) Evaluation components

Evaluations shall include—

(1) how students are achieving the State student performance standards, if any, including data comparing children and youth of limited-English proficiency with nonlimited English proficient children and youth with regard to school retention, academic achievement, and gains in English (and, where applicable, native language) proficiency;

(2) program implementation indicators that provide information for informing and improving program management and effectiveness, including data on appropriateness of curriculum in relationship to grade and course requirements, appropriateness of program management, appropriateness of the program's staff professional development, and appropriateness of the language of instruction;

(3) program context indicators that describe the relationship of the activities funded under the grant to the overall school program and other Federal, State, or local programs serving children and youth of limited English proficiency; and

(4) such other information as the Secretary may require.

(Pub. L. 89–10, title VII, §7123, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3728.)

Section Referred to in Other Sections

This section is referred to in sections 7424, 7425 of this title.

§7434. Construction

Nothing in this part shall be construed to prohibit a local educational agency from serving limited English proficient children and youth simultaneously with students with similar educational needs, in the same educational settings where appropriate.

(Pub. L. 89–10, title VII, §7124, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3728.)

subpart 2—research, evaluation, and dissemination

§7451. Authority

(a) In general

The Secretary is authorized to conduct data collection, dissemination, research, and ongoing program evaluation activities in accordance with the provisions of this subpart for the purpose of improving bilingual education and special alternative instruction programs for children and youth of limited English proficiency.

(b) Competitive awards

Research and program evaluation activities carried out under this subpart shall be supported through competitive grants, contracts and cooperative agreements awarded institutions of higher education, nonprofit organizations, and State and local educational agencies.

(c) Administration

The Secretary shall conduct data collection, dissemination, and ongoing program evaluation activities authorized by this subpart through the Office of Bilingual Education and Minority Language Affairs.

(Pub. L. 89–10, title VII, §7131, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3729.)

Information Regarding Bilingual Education

Pub. L. 100–297, title VI, §6213, Apr. 28, 1988, 102 Stat. 429, as amended by Pub. L. 104–66, title I, §1042(a), Dec. 21, 1995, 109 Stat. 715, provided that: "The Secretary shall collect data for program management and accountability purposes regarding—

"(1) a national assessment of the educational needs of children and other persons with limited English proficiency and of the extent to which such needs are being met from Federal, State, and local efforts;

"(2) a plan, including cost estimates, to be carried out during the 5-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary schoolchildren and other persons of limited English proficiency, including a phased plan for the training of the necessary teachers and other education personnel necessary for such purpose;

"(3) a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities; and

"(4)(A) an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under such title and those carried out under other programs for persons of limited English proficiency;

"(B) a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs; and

"(C) the number of other educational personnel needed to carry out programs of bilingual education in the States."

§7452. Research

(a) Administration

The Secretary shall conduct research activities authorized by this subpart through the Office of Educational Research and Improvement in coordination and collaboration with the Office of Bilingual Education and Minority Language Affairs.

(b) Requirements

Such research activities—

(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and others involved in improving the education of limited English proficient students and their families;

(2) may include research on effective instructional practices for multilingual classes, and on effective instruction strategies to be used by teachers and other staff who do not know the native language of a limited English proficient child or youth in their classrooms;

(3) may include establishing (through the National Center for Education Statistics in consultation with experts in bilingual education, second language acquisition, and English-as-a-second-language) a common definition of "limited English proficient student" for purposes of national data collection; and

(4) shall be administered by individuals with expertise in bilingual education and the needs of limited English proficient students and their families.

(c) Field-initiated research

(1) In general

The Secretary shall reserve not less than 5 percent of the funds made available to carry out this section for field-initiated research conducted by current or recent recipients of grants under this subpart or subpart 1 of this part who have received such grants within the previous five years. Such research may provide for longitudinal studies of students or teachers in bilingual education, monitoring the education of such students from entry in bilingual education through secondary school completion.

(2) Applications

Applicants for assistance under this subsection may submit an application for such assistance to the Secretary at the same time as applications are submitted under this subpart or subpart 1 of this part. The Secretary shall complete a review of such applications on a timely basis to allow research and program grants to be coordinated when recipients are awarded two or more such grants.

(d) Consultation

The Secretary shall consult with agencies and organizations that are engaged in bilingual education research and practice, or related research, and bilingual education researchers and practitioners to identify areas of study and activities to be funded under this section.

(e) Data collection

The Secretary shall provide for the continuation of data collection on limited English proficient students as part of the data systems operated by the Department.

(Pub. L. 89–10, title VII, §7132, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3729.)

Research Relating to Bilingual Education

Section 6211 of title VI of Pub. L. 100–297 provided that:

"(a) Research and Development.—The Secretary shall, through competitive contracts under this section, provide financial assistance for research and development proposals submitted by institutions of higher education, private for-profit and nonprofit organizations, State and local educational agencies, and individuals.

"(b) Authorized Activities.—Research activities authorized to be assisted under this section shall include—

"(1) studies to determine and evaluate effective models for bilingual education programs;

"(2) studies which examine the process by which individuals acquire a second language and master the subject matter skills required for grade-promotion and graduation, and which identify effective methods for teaching English and subject matter skills within the context of a bilingual education program or special alternative instructional program to students who have language proficiencies other than English;

"(3) longitudinal studies to measure the effect of title VII of the Elementary and Secondary Education Act of 1965 [former 20 U.S.C. 3281 et seq.] on students enrolled in programs under such title (including a longitudinal study of the impact of bilingual education programs on limited-English proficient students using a nationally representative sample of the programs funded under such title and which provides information including data on grade retention, academic performance, and dropout rates);

"(4) studies to determine effective and reliable methods for identifying students who are entitled to services under such title and for determining when their English language proficiency is sufficiently well developed to permit them to derive optimal benefits from an all-English instructional program;

"(5) the operation of a clearinghouse which shall collect, analyze, and disseminate information about bilingual education and related programs (and coordinate its activities with the National Diffusion Network);

"(6) studies to determine effective methods of teaching English to adults who have language proficiencies other than English;

"(7) studies to determine and evaluate effective methods of instruction for bilingual programs, taking into account language and cultural differences among students;

"(8) studies to determine effective approaches to preservice and inservice training for teachers, taking into account the language and cultural differences of their students;

"(9) the effect of such title on the capacity of local educational agencies to operate bilingual programs following the termination of assistance under this [such] title; and

"(10) studies to determine effective and reliable methods for identifying gifted and talented students who have language proficiencies other than English.

"(c) Consultation and Delegation of Authority.—In carrying out the responsibilities of this section, the Secretary may delegate authority to the Director, and in any event, shall consult with the Director, representatives of State and local educational agencies, appropriate groups and organizations involved in bilingual education, the Committee on Labor and Human Resources of the Senate, and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives.

"(d) Publication of Proposals.—The Secretary shall publish and disseminate all requests for proposals in research and development assisted under such title.

"(e) Limitation of Authority.—Nothing in this section shall be construed as authorizing the Secretary to conduct or support studies or analyses of the content of educational textbooks."

§7453. Academic excellence awards

(a) Awards

The Secretary may make grants to, and enter into contracts and cooperative agreements with, State and local educational agencies, nonprofit organizations, and institutions of higher education to promote the adoption and implementation of bilingual education, special alternative instruction programs, and professional development programs that demonstrate promise of assisting children and youth of limited English proficiency to meet challenging State standards.

(b) Applications

(1) In general

Each entity desiring an award under this section shall submit an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may reasonably require.

(2) Peer review

The Secretary shall use a peer review process, using effectiveness criteria that the Secretary shall establish, to review applications under this section.

(c) Use of funds

Funds under this section shall be used to enhance the capacity of States and local education agencies to provide high quality academic programs for children and youth of limited English proficiency, which may include—

(1) completing the development of such programs;

(2) professional development of staff participating in bilingual education programs;

(3) sharing strategies and materials; and

(4) supporting professional networks.

(d) Coordination

Recipients of funds under this section shall coordinate the activities assisted under this section with activities carried out by comprehensive regional assistance centers assisted under part A of subchapter XIII of this chapter.

(Pub. L. 89–10, title VII, §7133, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3730.)

§7454. State grant program

(a) State grant program

The Secretary is authorized to make an award to a State educational agency that demonstrates, to the satisfaction of the Secretary, that such agency, through such agency's own programs and other Federal education programs, effectively provides for the education of children and youth of limited English proficiency within the State.

(b) Payments

The amount paid to a State educational agency under subsection (a) of this section shall not exceed 5 percent of the total amount awarded to local educational agencies within the State under subpart 1 of this part for the previous fiscal year, except that in no case shall the amount paid by the Secretary to any State educational agency under this subsection for any fiscal year be less than $100,000.

(c) Use of funds

(1) In general

A State educational agency shall use funds awarded under this section for programs authorized by this section to—

(A) assist local educational agencies in the State with program design, capacity building, assessment of student performance, and program evaluation; and

(B) collect data on the State's limited English proficient populations and the educational programs and services available to such populations.

(2) Exception

States which do not, as of October 20, 1994, have in place a system for collecting the data described in subparagraph (B) of paragraph (1) for all students in such State, are not required to meet the requirement of such subparagraph. In the event such State develops a system for collecting data on the educational programs and services available to all students in the State, then such State shall comply with the requirement of paragraph (1)(B).

(3) Training

The State educational agency may also use funds provided under this section for the training of State educational agency personnel in educational issues affecting limited English proficient children and youth.

(4) Special rule

Recipients of funds under this section shall not restrict the provision of services under this section to federally funded programs.

(d) State consultation

A State educational agency receiving funds under this section shall consult with recipients of grants under this subchapter and other individuals or organizations involved in the development or operation of programs serving limited English proficient children or youth to ensure that such funds are used in a manner consistent with the requirements of this subchapter.

(e) Applications

A State educational agency desiring to receive funds under this section shall submit an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary may require.

(f) Supplement not supplant

Funds made available under this section for any fiscal year shall be used by the State educational agency to supplement and, to the extent practical, to increase to the level of funds that would, in the absence of such funds, be made available by the State for the purposes described in this section, and in no case to supplant such funds.

(g) Report to Secretary

State educational agencies receiving awards under this section shall provide for the annual submission of a summary report to the Secretary describing such State's use of such funds.

(Pub. L. 89–10, title VII, §7134, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3730.)

Section Referred to in Other Sections

This section is referred to in section 7575 of this title.

§7455. National Clearinghouse for Bilingual Education

(a) Establishment

The Secretary shall establish and support the operation of a National Clearinghouse for Bilingual Education, which shall collect, analyze, synthesize, and disseminate information about bilingual education and related programs.

(b) Functions

The National Clearinghouse for Bilingual Education shall—

(1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system of clearinghouses supported by the Office of Educational Research and Improvement;

(2) coordinate its activities with Federal data and information clearinghouses and dissemination networks and systems;

(3) develop a data base management and monitoring system for improving the operation and effectiveness of federally funded bilingual education programs; and

(4) develop, maintain, and disseminate, through comprehensive regional assistance centers described in part A of subchapter XIII of this chapter if appropriate, a listing by geographical area of education professionals, parents, teachers, administrators, community members and others who are native speakers of languages other than English for use as a resource by local educational agencies and schools in the development and implementation of bilingual education programs.

(Pub. L. 89–10, title VII, §7135, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3731.)

§7456. Instructional materials development

The Secretary may provide grants for the development, publication, and dissemination of high-quality instructional materials in Native American and Native Hawaiian languages and the language of Native Pacific Islanders and natives of the outlying areas for which instructional materials are not readily available. The Secretary shall give priority to the development of instructional materials in languages indigenous to the United States or the outlying areas. The Secretary shall also accord priority to applications for assistance under this section which provide for developing and evaluating materials in collaboration with activities assisted under this subpart and subpart 1 of this part and which are consistent with voluntary national content standards and challenging State content standards.

(Pub. L. 89–10, title VII, §7136, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3732.)

subpart 3—professional development

Subpart Referred to in Other Sections

This subpart is referred to in section 7403 of this title.

§7471. Purpose

The purpose of this subpart is to assist in preparing educators to improve the educational services for limited English proficient children and youth by supporting professional development programs and the dissemination of information on appropriate instructional practices for such children and youth.

(Pub. L. 89–10, title VII, §7141, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3732.)

§7472. Training for all teachers program

(a) Purpose

The purpose of this section is to provide for the incorporation of courses and curricula on appropriate and effective instructional and assessment methodologies, strategies and resources specific to limited English proficient students into preservice and inservice professional development programs for teachers, pupil services personnel, administrators and other education personnel in order to prepare such individuals to provide effective services to limited English proficient students.

(b) Authorization

(1) Authority

The Secretary is authorized to award grants to institutions of higher education, local educational agencies, and State educational agencies or to nonprofit organizations which have entered into consortia arrangements with one of such institutions or agencies.

(2) Duration

Each grant under this section shall be awarded for a period of not more than five years.

(c) Permissible activities

Activities conducted under this section may include the development of training programs in collaboration with other programs such as programs authorized under subchapters I and II of this chapter, and under the Head Start Act [42 U.S.C. 9831 et seq.].

(Pub. L. 89–10, title VII, §7142, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3732.)

References in Text

The Head Start Act, referred to in subsec. (c), is subchapter B (§§635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally to subchapter II (§9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.

§7473. Bilingual education teachers and personnel grants

(a) Purpose

The purpose of this section is to provide for—

(1) preservice and inservice professional development for bilingual education teachers, administrators, pupil services personnel, and other educational personnel who are either involved in, or preparing to be involved in, the provision of educational services for children and youth of limited-English proficiency; and

(2) national professional development institutes that assist schools or departments of education in institutions of higher education to improve the quality of professional development programs for personnel serving, preparing to serve, or who may serve, children and youth of limited-English proficiency.

(b) Priority

The Secretary shall give priority in awarding grants under this section to institutions of higher education, in consortia with local or State educational agencies, that offer degree programs which prepare new bilingual education teachers in order to increase the availability of educators to provide high-quality education to limited English proficient students.

(c) Authorization

(1) The Secretary is authorized to award grants for not more than five years to institutions of higher education which have entered into consortia arrangements with local or State educational agencies to achieve the purposes of this section.

(2) The Secretary is authorized to make grants for not more than five years to State and local educational agencies for inservice professional development programs.

(Pub. L. 89–10, title VII, §7143, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3733.)

§7474. Bilingual education career ladder program

(a) Purpose

The purpose of this section is—

(1) to upgrade the qualifications and skills of noncertified educational personnel, especially educational paraprofessionals, to meet high professional standards, including certification and licensure as bilingual education teachers and other educational personnel who serve limited English proficient students, through collaborative training programs operated by institutions of higher education and local and State educational agencies; and

(2) to help recruit and train secondary school students as bilingual education teachers and other educational personnel to serve limited English proficient students.

(b) Authorization

(1) In general

The Secretary is authorized to award grants for bilingual education career ladder programs to institutions of higher education applying in consortia with local or State educational agencies, which consortia may include community-based organizations or professional education organizations.

(2) Duration

Each grant under this section shall be awarded for a period of not more than five years.

(c) Permissive activities

Grants awarded under this section may be used—

(1) for the development of bilingual education career ladder program curricula appropriate to the needs of the consortium participants;

(2) to provide assistance for stipends and costs related to tuition, fees and books for enrolling in courses required to complete the degree and certification requirements to become bilingual education teachers; and

(3) for programs to introduce secondary school students to careers in bilingual education teaching that are coordinated with other activities assisted under this section.

(d) Special consideration

The Secretary shall give special consideration to applications under this section which provide for—

(1) participant completion of baccalaureate and master's degree teacher education programs, and certification requirements and may include effective employment placement activities;

(2) development of teacher proficiency in English a ¹ second language, including demonstrating proficiency in the instructional use of English and, as appropriate, a second language in classroom contexts;

(3) coordination with the Federal TRIO programs under chapter 1 of part A of title IV of the Higher Education Act of 1965 [20 U.S.C. 1070a et seq.], the National Mini Corps under subpart 1 of part F of title V of such Act, the Teacher Corps program under subpart 3 of part C of title V of such Act, and the National Community and Service Trust Act of 1993 programs, and other programs for the recruitment and retention of bilingual students in secondary and postsecondary programs to train to become bilingual educators; and

(4) the applicant's contribution of additional student financial aid to participating students.

(Pub. L. 89–10, title VII, §7144, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3733.)

References in Text

The Higher Education Act of 1965, referred to in subsec. (d)(3), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, as amended. Reference to chapter 1 of part A of title IV of the Act probably means a reference to subpart 1 of part A of title IV of the Act which is classified generally to subpart 1 (§1070a et seq.) of part A of subchapter IV of chapter 28 of this title. Subpart 3 of part C and subpart 1 of part F of title V of the Act were classified generally to subpart 3 (§1106 et seq.) of part C and subpart 1 (§1113) of part F, respectively, of subchapter V of chapter 28 of this title, and were omitted in the general amendment of subchapter V of chapter 28 by Pub. L. 105–244, title V, §501, Oct. 7, 1998, 112 Stat. 1765. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

The National Community and Service Trust Act of 1993, referred to in subsec. (d)(3), is Pub. L. 103–82, Sept. 21, 1993, 107 Stat. 785. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 12501 of Title 42, The Public Health and Welfare, and Tables.

¹ So in original. Probably should be "and a".

§7475. Graduate fellowships in bilingual education program

(a) Authorization

(1) In general

The Secretary may award fellowships for masters, doctoral, and post-doctoral study related to instruction of children and youth of limited-English proficiency in such areas as teacher training, program administration, research and evaluation, and curriculum development, and for the support of dissertation research related to such study.

(2) Number

For fiscal year 1994 not less than 500 fellowships leading to a master's or doctorate degree shall be awarded under this section.

(3) Information

The Secretary shall include information on the operation and the number of fellowships awarded under the fellowship program in the evaluation required under section 7479 of this title.

(b) Fellowship requirements

(1) In general

Any person receiving a fellowship under this section shall agree to—

(A) work in an activity related to the program or in an activity such as an activity authorized under this part, including work as a bilingual education teacher, for a period of time equivalent to the period of time during which such person receives assistance under this section; or

(B) repay such assistance.

(2) Regulations

The Secretary shall establish in regulations such terms and conditions for such agreement as the Secretary deems reasonable and necessary and may waive the requirement of paragraph (1) in extraordinary circumstances.

(c) Priority

In awarding fellowships under this section the Secretary may give priority to institutions of higher education that demonstrate experience in assisting fellowship recipients find employment in the field of bilingual education.

(Pub. L. 89–10, title VII, §7145, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3734.)

§7476. Application

(a) In general

(1) Secretary

To receive an award under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

(2) Consultation and assessment

Each such application shall contain a description of how the applicant has consulted with, and assessed the needs of, public and private schools serving children and youth of limited-English proficiency to determine such school's need for, and the design of, the program for which funds are sought.

(3) Special rule

(A) An application for a grant under subsection (a) of this section from an applicant who proposes to conduct a master's- or doctoral-level program with funds received under this section shall provide an assurance that such program will include, as a part of the program, a training practicum in a local school program serving children and youth of limited-English proficiency.

(B) A recipient of a grant under subsection (a) of this section may waive the requirement of a training practicum for a degree candidate with significant experience in a local school program serving children and youth of limited-English proficiency.

(4) State educational agency

An eligible entity, with the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of the application under this subsection to the State educational agency.

(b) State review and comments

(1) Deadline

The State educational agency, not later than 45 days after receipt of such application copy, shall review the application and transmit such application to the Secretary.

(2) Comments

(A) Regarding any application submitted under this subpart, the State educational agency shall—

(i) submit to the Secretary written comments regarding all such applications; and

(ii) submit to each eligible entity the comments that pertain to such entity.

(B) For purposes of this subpart, comments shall address how the eligible entity—

(i) will further the academic achievement of limited English proficient students served pursuant to a grant received under this subpart; and

(ii) how the grant application is consistent with the State plan submitted under section 6311 of this title.

(3) Waiver

Notwithstanding paragraphs (1) and (2), the Secretary is authorized to waive the review requirement if a State educational agency can demonstrate that such review requirement may impede such agency's ability to fulfill the requirements of participation in the State grant program, particularly such agency's data collection efforts and such agency's ability to provide technical assistance to local educational agencies not receiving funds under this chapter.

(c) Eligible entity comments

An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.

(d) Comment consideration

In making awards under this subpart the Secretary shall take into consideration comments made by a State educational agency.

(e) Special rule

(1) Outreach and technical assistance

The Secretary shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under title III of the Higher Education Act of 1965 [20 U.S.C. 1051 et seq.] and institutions of higher education that are operated or funded by the Bureau of Indian Affairs to facilitate the participation of such institutions in activities under this part.

(2) Distribution rule

In making awards under this subpart, the Secretary, consistent with subsection (d) of this section, shall ensure adequate representation of Hispanic-serving institutions that demonstrate competence and experience in the programs and activities authorized under this subpart and are otherwise qualified.

(Pub. L. 89–10, title VII, §7146, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3735.)

References in Text

The Higher Education Act of 1965, referred to in subsec. (e)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title III of the Act is classified generally to subchapter III (§1051 et seq.) of chapter 28 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

§7477. Program requirements

Activities conducted under this subpart shall assist educational personnel in meeting State and local certification requirements for bilingual education and, wherever possible, shall lead toward the awarding of college or university credit.

(Pub. L. 89–10, title VII, §7147, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3736.)

§7478. Stipends

The Secretary shall provide for the payment of such stipends (including allowances for subsistence and other expenses for such persons and their dependents), as the Secretary determines to be appropriate, to persons participating in training programs under this subpart.

(Pub. L. 89–10, title VII, §7148, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3736.)

§7479. Program evaluations

Each recipient of funds under this subpart shall provide the Secretary with an evaluation of the program assisted under this subpart every two years. Such evaluation shall include data on—

(1) post-program placement of persons trained in a program assisted under this subpart;

(2) how the training relates to the employment of persons served by the program;

(3) program completion; and

(4) such other information as the Secretary may require.

(Pub. L. 89–10, title VII, §7149, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3736.)

Section Referred to in Other Sections

This section is referred to in section 7475 of this title.

§7480. Use of funds for second language competence

Awards under this subpart may be used to develop a program participant's competence in a second language for use in instructional programs.

(Pub. L. 89–10, title VII, §7150, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3736.)

subpart 4—transition

§7491. Special rule

Notwithstanding any other provision of law, no recipient of a grant under title VII of this Act (as such title was in effect on the day preceding October 20, 1994) shall be eligible for fourth- and fifth-year renewals authorized by section 7021(d)(1)(C) of such title (as such section was in effect on the day preceding October 20, 1994).

(Pub. L. 89–10, title VII, §7161, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3736.)

References in Text

Title VII of this Act (as such title was in effect on the day preceding October 20, 1994) and section 7021(d)(1)(C) of such title (as such section was in effect on the day preceding October 20, 1994), referred to in text, means title VII and section 7021(d)(1)(C), respectively, of Pub. L. 89–10, as added by Pub. L. 100–297, title I, §1001, Apr. 28, 1988, 102 Stat. 274, 279, as amended, which were classified to subchapter VII (§3281 et seq.) of chapter 47 and section 3291(d)(1)(C), respectively, of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519.