Sec. 113. Local educational agency plans
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Section 1112 ( 20 U.S.C. 6312 ) is amended to read as follows: A local educational agency may receive a subgrant under this subpart for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate.
The plan may be submitted as part of a consolidated application under section 5305. Each local educational agency plan shall describe— how the local educational agency will monitor, in addition to the State assessments described in section 1111(b)(2), students’ progress in meeting the State’s academic standards; how the local educational agency will identify quickly and effectively those students who may be at risk of failing to meet the State’s academic standards; how the local educational agency will provide additional educational assistance to individual students in need of additional help in meeting the State’s academic standards; how the local educational agency will implement the school improvement system described in section 1111(b)(3)(B)(iii) for any of the agency’s schools identified under such section; how the local educational agency will coordinate programs under this subpart with other programs under this Act and other Acts, as appropriate; the poverty criteria that will be used to select school attendance areas under section 1113; how teachers, in consultation with parents, administrators, and specialized instructional support personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this subpart; in general, the nature of the programs to be conducted by the local educational agency’s schools under sections 1114 and 1115, and, where appropriate, educational services outside such schools for children living in local institutions for neglected and delinquent children, and for neglected and delinquent children in community day school programs; how the local educational agency will ensure that migratory children who are eligible to receive services under this subpart are selected to receive such services on the same basis as other children who are selected to receive services under this subpart; the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(c)(3)(A); the strategy the local educational agency will use to implement effective parental involvement under section 1118; if appropriate, how the local educational agency will use funds under this subpart to support preschool programs for children, particularly children participating in a Head Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable early childhood development program; how the local educational agency, through incentives for voluntary transfers, the provision of professional development, recruitment programs, incentive pay, performance pay, or other effective strategies, will address disparities in the rates of low-income and minority students and other students being taught by ineffective teachers; if appropriate, how the local educational agency will use funds under this subpart to support programs that coordinate and integrate— career and technical education aligned with State technical standards that promote skills attainment important to in-demand occupations or industries in the State and the State’s academic standards under section 1111(b)(1); and work-based learning opportunities that provide students in-depth interaction with industry professionals; and if appropriate, how the local educational agency will use funds under this subpart to support dual enrollment programs, early college high schools, and Advanced Placement or International Baccalaureate programs.
Each local educational agency plan shall provide assurances that the local educational agency will— participate, if selected, in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act; inform schools of schoolwide program authority and the ability to consolidate funds from Federal, State, and local sources; provide technical assistance to schoolwide programs; provide services to eligible children attending private elementary and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials or representatives regarding such services; in the case of a local educational agency that chooses to use funds under this subpart to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act; inform eligible schools of the local educational agency’s authority to request waivers on the school’s behalf under Title V; and ensure that the results of the academic assessments required under section 1111(b)(2) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
In carrying out subsection (c)(5), the Secretary shall— consult with the Secretary of Health and Human Services and shall establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subparagraph; and disseminate to local educational agencies the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act, and such agencies affected by such subsection shall plan for the implementation of such subsection (taking into consideration existing State and local laws, and local teacher contracts).
Each local educational agency plan shall be developed in consultation with teachers, school leaders, public charter school representatives, administrators, and other appropriate school personnel, and with parents of children in schools served under this subpart. Each such plan shall be submitted for the first year for which this part is in effect following the date of enactment of this Act and shall remain in effect for the duration of the agency’s participation under this subpart.
Each local educational agency shall periodically review and, as necessary, revise its plan. Each local educational agency plan shall be filed according to a schedule established by the State educational agency. The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— enables schools served under this subpart to substantially help children served under this subpart to meet the State’s academic standards described in section 1111(b)(1); and meets the requirements of this section.
The State educational agency shall review the local educational agency’s plan to determine if such agency’s activities are in accordance with section 1118. Each local educational agency using funds under this subpart and subpart 4 to provide a language instruction educational program shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation, or participating in, such a program of— the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school for such program if funds under this subpart are used for children in secondary schools; in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and information pertaining to parental rights that includes written guidance— detailing— the right that parents have to have their child immediately removed from such program upon their request; and the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity.
The notice and information provided in paragraph
(1)to parents of a child identified for participation in a language instruction educational program for English learners shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. For those children who have not been identified as English learners prior to the beginning of the school year the local educational agency shall notify parents within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs
(1)and (2). Each local educational agency receiving funds under this subpart shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the State’s academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this subpart. A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. .
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Sec. 113
Local educational agency plans
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