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.)