| Home > 105th Congressional Bills > H.R. 3892 (rh) To amend the Elementary and Secondary Education Act of 1965 to establish a program to help children and youth learn English, and for other purposes. ...
H.R. 3892 (rh) To amend the Elementary and Secondary Education Act of 1965 to establish a program to help children and youth learn English, and for other purposes. ...
105th CONGRESS 2d Session H. R. 3892 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 14, 1998 Received; read twice and referred to the Committee on Labor and Human Resources _______________________________________________________________________ AN ACT To amend the Elementary and Secondary Education Act of 1965 to establish a program to help children and youth learn English, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENGLISH LANGUAGE EDUCATION. Part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended to read as follows: ``PART A--ENGLISH LANGUAGE EDUCATION ``SEC. 7101. SHORT TITLE. ``This part may be cited as the `English Language Fluency Act'. ``SEC. 7102. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds as follows: ``(1) English is the common language of the United States and every citizen and other person residing in the United States should have a command of the English language in order to develop to their full potential. ``(2) States and local school districts need assistance in developing the capacity to provide programs of instruction that offer and provide an equal educational opportunity to immigrant children and youth and children and youth who need special assistance because English is not their dominant language. ``(b) Purposes.--The purposes of this part are-- ``(1) to help ensure that children and youth who are English language learners master English and develop high levels of academic attainment in English; and ``(2) to assist eligible local educational agencies that experience unexpectedly large increases in their student population due to immigration to help immigrant children and youth with their transition into society, including mastery of the English language. ``SEC. 7103. PARENTAL NOTIFICATION AND CONSENT TO PARTICIPATE. ``(a) In General.--A parent or the parents of a child participating in an English language instruction program for English language learners assisted under this Act shall be informed of-- ``(1) the reasons for the identification of the child as being in need of English language instruction; ``(2) the child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement; and ``(3) how the English language instruction program will specifically help the child acquire English and meet age- appropriate standards for grade promotion and graduation. ``(b) Parental Consent.-- ``(1) In general.--A parent or the parents of a child who is an English language learner and is identified for participation in an English language instruction program assisted under this Act-- ``(A) shall sign a form consenting to their child's placement in such a program prior to such time as their child is enrolled in the program; ``(B) shall select among methods of instruction, if more than one method is offered in the program; and ``(C) shall have their child removed from the program upon their request. ``(2) Effect of lau decision.--A local educational agency shall not be relieved of any of its obligations under the holding in the Supreme Court case of Lau v. Nichols, 414 U.S. 563 (1974), because any parent chooses not to enroll their child in an English language instruction program using their native language in instruction. ``(c) Receipt of Information.--A parent or the parents of a child identified for participation in an English language instruction program for English language learners assisted under this Act shall receive, in a manner and form understandable to the parent or parents, the information required by this section. At a minimum, the parent or parents shall receive-- ``(1) timely information about English language instruction programs for English language learners assisted under this Act; and ``(2) if a parent of a participating child so desires, notice of opportunities for regular meetings for the purpose of formulating and responding to recommendations from such parents. ``(d) Special Rule.--An individual may not be admitted to, or excluded from, any federally assisted education program solely on the basis of a surname, language-minority status, or national origin. ``Subpart 1--Grants for English Language Acquisition ``CHAPTER 1--GENERAL PROVISIONS ``SEC. 7111. FUNDING. ``(a) Authorization of Appropriations.--For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 1999 and each of the 4 succeeding fiscal years. ``(b) Reservation for Entities Serving Native Americans and Alaska Natives.--From the sums appropriated under subsection (a) for any fiscal year, the Secretary shall reserve not less than .5 percent to provide Federal financial assistance under this subpart to entities that are considered to be a local educational agency under section 7112(a). ``SEC. 7112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL. ``(a) Eligible Entities.--For the purpose of carrying out programs under this subpart for individuals served by elementary, secondary, and postsecondary schools operated predominately for Native American or Alaska Native children and youth, the following shall be considered to be a local educational agency: ``(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 or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium of such schools. ``(5) An elementary or secondary school operated under a contract with or grant from the Bureau of Indian Affairs, in consortium with another such school or a tribal or community organization. ``(6) An elementary or secondary school operated by the Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary or secondary school operated under a contract with or grant from the Bureau of Indian Affairs or a tribal or community organization. ``(b) Submission of Applications for Assistance.--Notwithstanding any other provision of this subpart, an entity that is considered to be a local educational agency under subsection (a), and that desires to submit an application for Federal financial assistance under this subpart, shall submit the application to the Secretary. In all other respects, such an entity shall be eligible for a grant under this subpart on the same basis as any other local educational agency. ``CHAPTER 2--GRANTS FOR ENGLISH LANGUAGE ACQUISITION ``SEC. 7121. FORMULA GRANTS TO STATES. ``(a) In General.--In the case of each State that in accordance with section 7122 submits to the Secretary an application for a fiscal year, the Secretary shall make a grant for the year to the State for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State under section 7124. ``(b) Purposes of Grants.-- ``(1) Required expenditures.--The Secretary may make a grant under subsection (a) only if the State involved agrees that the State will expend at least 90 percent of the amount of the funds provided under the grant for the purpose of making subgrants to eligible entities to provide assistance to children and youth who are English language learners and immigrant children and youth in accordance with section 7123. ``(2) Authorized expenditures.--Subject to paragraph (3), a State that receives a grant under subsection (a) may expend not more than 10 percent of the amount of the funds provided under the grant for one or more of the following purposes: ``(A) Professional development and activities that assist personnel in meeting State and local certification requirements for English language instruction. ``(B) Planning, administration, and interagency coordination related to the subgrants referred to in paragraph (1). ``(C) Providing technical assistance and other forms of assistance to local educational agencies that-- ``(i) educate children and youth who are English language learners and immigrant children and youth; and ``(ii) are not receiving a subgrant from a State under this chapter. ``(D) Providing bonuses to subgrantees whose performance has been exceptional in terms of the speed with which children and youth enrolled in the subgrantee's programs and activities attain English language proficiency. ``(3) Limitation on administrative costs.--In carrying out paragraph (2), a State that receives a grant under subsection (a) may expend not more than 2 percent of the amount of the funds provided under the grant for the purposes described in paragraph (2)(B). ``SEC. 7122. APPLICATIONS BY STATES. ``For purposes of section 7121, an application submitted by a State for a grant under such section for a fiscal year is in accordance with this section if the application-- ``(1) describes the process that the State will use in making subgrants to eligible entities under this chapter; ``(2) contains an agreement that the State annually will submit to the Secretary a summary report, describing the State's use of the funds provided under the grant; ``(3) contains an agreement that the State will give special consideration to applications for a subgrant under section 7123 from eligible entities that describe a program that-- ``(A)(i) enrolls a large percentage or large number of children and youth who are English language learners and immigrant children and youth; and ``(ii) addresses a need brought about through a significant increase, as compared to the previous 2 years, in the percentage or number of children and youth who are English language learners in a school or school district, including schools and school districts in areas with low concentrations of such children and youth; or ``(B) on the day preceding the date of the enactment of this section, was receiving funding under a grant-- ``(i) awarded by the Secretary under subpart 1 or 3 of part A of the Bilingual Education Act (as such Act was in effect on such day); and ``(ii) that was not due to expire before a period of one year or more had elapsed; ``(4) contains an agreement that, in carrying out this chapter, the State will address the needs of school systems of all sizes and in all geographic areas, including rural and urban schools; ``(5) contains an agreement that the State will coordinate its programs and activities under this chapter with its other programs and activities under this Act and other Acts, as appropriate; and ``(6) contains an agreement that the State will monitor the progress of students enrolled in programs and activities receiving assistance under this chapter in attaining English proficiency and withdraw funding from such programs and activities in cases where-- ``(A) students enrolling when they are in kindergarten are not mastering the English language by the end of the first grade; and ``(B) other students are not mastering the English language after 2 academic years of enrollment. ``SEC. 7123. SUBGRANTS TO ELIGIBLE ENTITIES. ``(a) Purposes of Subgrants.--A State may make a subgrant to an eligible entity from funds received by the State under this chapter only if the entity agrees to expend the funds for one of the following purposes: ``(1) Developing and implementing new English language instructional programs for children and youth who are English language learners, including programs of early childhood education and kindergarten through 12th grade education. ``(2) Carrying out locally designed projects to expand or enhance existing English language instruction programs for children and youth who are English language learners. ``(3) Assisting a local educational agency in providing enhanced instructional opportunities for immigrant children and youth. ``(b) Authorized Subgrantee Activities.-- ``(1) In general.--Subject to paragraph (2), a State may make a subgrant to an eligible entity from funds received by the State under this chapter in order that the eligible entity may achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities to improve the understanding, and use, of the English language, based on a child's learning skills: ``(A) Developing and implementing comprehensive preschool or elementary or secondary school English language instructional programs that are coordinated with other relevant programs and services. ``(B) Providing training to classroom teachers, administrators, and other school or community-based organizational personnel to improve the instruction and assessment of children and youth who are English language learners, immigrant children and youth, or both. ``(C) Improving the program for children and youth who are English language learners, immigrant children and youth, or both. ``(D) Providing for the acquisition or development of education technology or instructional materials, access to and participation in electronic networks for materials, providing training and communications, and incorporation of such resources in curricula and programs, such as those funded under this subpart.
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