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. ...


Google
 
Web GovRecords.org


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.

Pages: 1 2 3 Next >>

Other Popular 105th Congressional Bills Documents:

1 S. 469 (is) To designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers System. ...
2 H.R. 1081 (ih) To amend the Federal Election Campaign Act of 1971 to reduce the influence of multicandidate political committees in elections for Federal office. ...
3 H.R. 3007 (ih) To establish the Commission on the Advancement of Women in Science, Engineering, and Technology Development. ...
4 H.R. 4428 (ih) To amend title 28, United States Code, to provide for an additional place of holding court in the Austin Division of the western judicial district of Texas. ...
5 H.R. 754 (ih) To amend title 49, United States Code, to require the use of child safety restraint systems approved by the Secretary of Transportation on commercial aircraft. ...
6 H.R. 2314 (ih) To restore Federal Indian services to members of the Kickapoo Tribe of Oklahoma residing in Maverick County, Texas, to clarify United States citizenship status of such members, to provide trust land for the benefit of the Tribe, and for oth...
7 S. 1519 (es) To provide a 6-month extension of highway, highway safety, and transit programs pending enactment of a law reauthorizing the Intermodal Surface Transportation Efficiency Act of 1991. ...
8 S. 1505 (enr) To make technical and conforming amendments to the Museum and Library Services Act, and for other purposes. ...
9 H.R. 2358 (ih) To provide for improved monitoring of human rights violations in the People's Republic of China. ...
10 S.Con.Res. 1 (es) ...
11 H.R. 3963 (ih) To establish terms and conditions under which the Secretary of the Interior shall convey leaseholds in certain properties around Canyon Ferry Reservoir, Montana. ...
12 H.R. 4060 (eh) Making appropriations for energy and water development for the fiscal year ending September 30, 1999, and for other purposes. ...
13 H.J.Res. 89 (ih) Calling on the President to continue to support and fully participate in negotiations at the United Nations to conclude an international agreement to establish an international criminal court. ...
14 S. 1955 (is) To suspend temporarily the duty on a certain chemical used in the formulation of HIV antiviral drugs. ...
15 H.R. 1117 (ih) To prevent discrimination against victims of abuse in all lines of insurance. ...
16 H.R. 2486 (ih) To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel SOUTHLAND. ...
17 H.J.Res. 119 (ih) Proposing an amendment to the Constitution of the United States to limit campaign spending. ...
18 S. 1859 (is) To correct the tariff classification of 13'' televisions. ...
19 S. 505 (es) To amend the provisions of title 17, United States Code, with respect to the duration of copyright, and for other purposes. ...
20 S.Con.Res. 20 (ats) Expressing the sense of Congress regarding the status of the investigation of the bombing of the Israeli Embassy in Buenos Aires in 1992. ...
21 H.R. 4057 (eh) To amend title 49, United States Code, to reauthorize programs of the Federal Aviation Administration, and for other purposes. ...
22 H.R. 1782 (ih) To provide for the medical use of marijuana. ...
23 H.R. 3584 (ih) To delay the effective date of the final rule promulgated by the Secretary of Health and Human Services regarding the Organ Procurement and Transplantation Network. ...
24 H.R. 824 (rfs) To redesignate the Federal building located at 717 Madison Place, NW., in the District of Columbia, as the ``Howard T. Markey National Courts Building''. ...
25 H.Res. 148 (eh) ...
26 H.R. 2675 (ih) To require that the Office of Personnel Management submit proposed legislation under which group universal life insurance and group variable universal life insurance would be available under chapter 87 of title 5, United States Code, and fo...
27 H.R. 4656 (ih) To provide for the orderly disposal of certain Federal lands in Clark County, Nevada, and to provide for the acquisition of environmentally sensitive lands in the State of Nevada. ...
28 H.J.Res. 104 (enr) Making further continuing appropriations for the fiscal year 1998, and for other purposes. ...
29 H.R. 355 (ih) To amend the Federal Election Campaign Act of 1971 to require the ...
30 H.R. 2744 (rh) For the relief of Chong Ho Kwak. ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy