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Code · BILL · 113th Congress · H.R. 5 (Engrossed in House) — To support State and local accountability for public education, protect State and local authority, inform parents of... · Sec. 131

Sec. 131. Additional aid

14,694 words·~67 min read·/bill/113/hr/5/eh/section-131

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Title I ( 20 U.S.C. 6301 et seq. ), as amended by the preceding provisions of this Act, is further amended— by striking parts B through D and F through H; and by inserting after subpart 1 of part A the following: The purposes of this subpart are as follows: To assist States in supporting high-quality and comprehensive educational programs and services during the school year, and as applicable, during summer or intercession periods, that address the unique educational needs of migratory children.
To ensure that migratory children who move among the States, not be penalized in any manner by disparities among the States in curriculum, graduation requirements, and State academic standards. To help such children succeed in school, meet the State academic standards that all children are expected to meet, and graduate from high school prepared for postsecondary education and the workforce without the need for remediation. To help such children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school.
To help such children benefit from State and local systemic reforms. From the amounts appropriated under section 3(a)(1), the Secretary shall reserve 2.37 percent to carry out this subpart. From the amounts reserved under subsection
(a)and not reserved under section 1138(c), the Secretary shall make allotments for the fiscal year to State educational agencies, or consortia of such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in accordance with this subpart. Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this subpart an amount equal to the product of— the sum of— the average number of identified eligible full-time equivalent migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and the number of identified eligible migratory children, aged 3 through 21, who received services under this subpart in summer or intersession programs provided by the State during the previous year; multiplied by 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. Notwithstanding subsection (a), for each of fiscal years 2014 through 2016, no State shall receive less than 90 percent of the State’s allocation under this section for the previous year. For each fiscal year, the grant which the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of— the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, except that the percentage calculated under this subparagraph shall not be less than 85 percent; and 32 percent of the average per-pupil expenditure in the United States. If, after the Secretary reserves funds under section 1138(c), the amount appropriated to carry out this subpart for any fiscal year is insufficient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount. If additional funds become available for making such payments for any fiscal year, the Secretary shall allocate such funds to States in amounts that the Secretary determines will best carry out the purpose of this subpart. The Secretary shall further reduce the amount of any grant to a State under this subpart for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under section 1134. The Secretary shall reallocate such excess funds to other States whose grants under this subpart would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are appropriate. In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner. Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval. The Secretary shall approve a consortium arrangement under paragraph
(1)or
(2)if the proposal demonstrates that the arrangement will— reduce administrative costs or program function costs for State programs; and make more funds available for direct services to add substantially to the educational achievement of children to be served under this subpart. In order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall— use the most recent information that most accurately reflects the actual number of migratory children; develop and implement a procedure for monitoring the accuracy of such information; develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs; adjust the full-time equivalent number of migratory children who reside in each State to take into account— the unique needs of those children participating in evidence-based or other effective special programs provided under this subpart that operate during the summer and intersession periods; and the additional costs of operating such programs; and conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children. In the case of a State desiring to receive an allocation under this subpart for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection. Any State desiring to receive a grant under this subpart for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each such application shall include— a description of how, in planning, implementing, and evaluating programs and projects assisted under this subpart, the State and its local operating agencies will ensure that the unique educational needs of migratory children, including preschool migratory children, are identified and addressed through— the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; joint planning among local, State, and Federal educational programs serving migratory children, including language instruction educational programs under chapter A of subpart 4; and the integration of services available under this subpart with services provided by those other programs; a description of the steps the State is taking to provide all migratory students with the opportunity to meet the same State academic standards that all children are expected to meet; a description of how the State will use funds received under this subpart to promote interstate and intrastate coordination of services for migratory children, including how the State will provide for educational continuity through the timely transfer of pertinent school records, including information on health, when children move from one school to another, whether or not such a move occurs during the regular school year; a description of the State’s priorities for the use of funds received under this subpart, and how such priorities relate to the State’s assessment of needs for services in the State; a description of how the State will determine the amount of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of migratory children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local programs; and a description of how the State will encourage programs and projects assisted under this subpart to offer family literacy services if the programs and projects serve a substantial number of migratory children whose parents do not have a regular high school diploma or its recognized equivalent or who have low levels of literacy. Each such application shall also include assurances that— funds received under this subpart will be used only— for programs and projects, including the acquisition of equipment, in accordance with section 1136; and to coordinate such programs and projects with similar programs and projects within the State and in other States, as well as with other Federal programs that can benefit migratory children and their families; such programs and projects will be carried out in a manner consistent with the objectives of section 1114, subsections
(b)and
(d)of section 1115, subsections
(b)and
(c)of section 1120A, and part C; in the planning and operation of programs and projects at both the State and local agency operating level, there is consultation with parents of migratory children for programs of not less than one school year in duration, and that all such programs and projects are carried out— in a manner that provides for the same parental involvement as is required for programs and projects under section 1118, unless extraordinary circumstances make such provision impractical; and in a format and language understandable to the parents; in planning and carrying out such programs and projects, there has been, and will be, adequate provision for addressing the unmet education needs of preschool migratory children; the effectiveness of such programs and projects will be determined, where feasible, using the same approaches and standards that will be used to assess the performance of students, schools, and local educational agencies under subpart 1; to the extent feasible, such programs and projects will provide for— advocacy and outreach activities for migratory children and their families, including informing such children and families of, or helping such children and families gain access to, other education, health, nutrition, and social services; professional development programs, including mentoring, for teachers and other program personnel; high-quality, evidence-based family literacy programs; the integration of information technology into educational and related programs; and programs to facilitate the transition of secondary school students to postsecondary education or employment without the need for remediation; and the State will assist the Secretary in determining the number of migratory children under paragraph
(1)of section 1133(a). In providing services with funds received under this subpart, each recipient of such funds shall give priority to migratory children who are failing, or most at risk of failing, to meet the State’s academic standards under section 1111(b)(1). Notwithstanding any other provision of this subpart— a child who ceases to be a migratory child during a school term shall be eligible for services until the end of such term; a child who is no longer a migratory child may continue to receive services for one additional school year, but only if comparable services are not available through other programs; and secondary school students who were eligible for services in secondary school may continue to be served through credit accrual programs until graduation. The Secretary shall approve each State application that meets the requirements of this subpart, and may review any such application using a peer review process. Each State that receives assistance under this subpart shall ensure that the State and its local operating agencies identify and address the unique educational needs of migratory children in accordance with a comprehensive State plan that— is integrated with other programs under this Act or other Acts, as appropriate; may be submitted as a part of a consolidated application under section 5302, if— the unique needs of migratory children are specifically addressed in the comprehensive State plan; the comprehensive State plan is developed in collaboration with parents of migratory children; and the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this subpart; provides that migratory children will have an opportunity to meet the same State academic standards under section 1111(b)(1) that all children are expected to meet; specifies measurable program goals and outcomes; encompasses the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; is the product of joint planning among such local, State, and Federal programs, including programs under subpart 1, early childhood programs, and language instruction educational programs under chapter A of subpart 4; and provides for the integration of services available under this subpart with services provided by such other programs. Each such comprehensive State plan shall— remain in effect for the duration of the State’s participation under this subpart; and be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this subpart. In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local educational agencies, shall have the flexibility to determine the activities to be provided with funds made available under this subpart, except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to permit these children to participate effectively in school. Funds provided under this subpart shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under subpart 1 may receive those services through funds provided under that subpart, or through funds under this subpart that remain after the agency addresses the needs described in paragraph (1). Nothing in this subpart shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate. The Secretary may use all or part of any State’s allocation under this subpart to make arrangements with any public or private agency to carry out the purpose of this subpart in such State if the Secretary determines that— the State is unable or unwilling to conduct educational programs for migratory children; such arrangements would result in more efficient and economic administration of such programs; or such arrangements would add substantially to the educational achievement of such children. The Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private entities to improve the interstate and intrastate coordination among such agencies’ educational programs, including through the establishment or improvement of programs for credit accrual and exchange, available to migratory students. Grants or contracts under this subsection may be awarded for not more than 5 years. The Secretary shall assist States in developing and maintaining an effective system for the electronic transfer of student records and in determining the number of migratory children in each State. The Secretary, in consultation with the States, shall ensure the linkage of migratory student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of enactment of this Act. The Secretary shall determine the minimum data elements that each State receiving funds under this subpart shall collect and maintain. Such minimum data elements may include— immunization records and other health information; elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments required under section 1111(b)(2); other academic information essential to ensuring that migratory children achieve to the States’s academic standards; and eligibility for services under the Individuals with Disabilities Education Act. The Secretary shall consult with States before updating the data elements that each State receiving funds under this subpart shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information. A State educational agency or local educational agency receiving assistance under this subpart shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child. Not later than April 30, 2014, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States. The Secretary shall include in such report— a review of the progress of States in developing and linking electronic records transfer systems; recommendations for maintaining such systems; and recommendations for improving the continuity of services provided for migratory students. The Secretary shall reserve not more than $10,000,000 of the amount reserved under section 1132 to carry out this section for each fiscal year. The Secretary shall direct the National Center for Education Statistics to collect data on migratory children. As used in this subpart: The term local operating agency means— a local educational agency to which a State educational agency makes a subgrant under this subpart; a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this subpart; or a State educational agency, if the State educational agency operates the State’s migratory education program or projects directly. The term migratory child means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work— has moved from one school district to another; in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity. It is the purpose of this subpart— to improve educational services for children and youth in local and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same State academic standards that all children in the State are expected to meet; to provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment; and to prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education. From amounts appropriated under section 3(a)(1), the Secretary shall reserve 0.305 of one percent to carry out this subpart. From the amounts reserved under subsection
(b)and not reserved under section 1004 and section 1159, the Secretary shall make grants to State educational agencies that have plans submitted under section 1154 approved to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children and youth. Based on the allocation amount computed under section 1152, the Secretary shall allocate to each State educational agency an amount necessary to make subgrants to State agencies under chapter A. Each State shall retain, for the purpose of carrying out chapter B, funds generated throughout the State under subpart 1 of this part based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth. A State agency is eligible for assistance under this chapter if such State agency is responsible for providing free public education for children and youth— in institutions for neglected or delinquent children and youth; attending community day programs for neglected or delinquent children and youth; or in adult correctional institutions. Each State agency described in section 1151 (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this chapter, for each fiscal year, in an amount equal to the product of— the number of neglected or delinquent children and youth described in section 1151 who— are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and are enrolled for at least 20 hours per week— in education programs in institutions for neglected or delinquent children and youth; or in community day programs for neglected or delinquent children and youth; and 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. The number of neglected or delinquent children and youth determined under paragraph
(1)shall— be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs. For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this chapter shall be the amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of— the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and 32 percent of the average per-pupil expenditure in the United States. The percentage in paragraph (1)(A) shall not be less than 85 percent. If the amount reserved for any fiscal year for subgrants under subsections
(a)and
(b)is insufficient to pay the full amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount. If a State educational agency determines that a State agency does not need the full amount of the subgrant for which such State agency is eligible under this chapter for any fiscal year, the State educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to carry out the purpose of this chapter, in such amounts as the State educational agency shall determine. Each State educational agency that desires to receive a grant under this chapter shall submit, for approval by the Secretary, a plan— for meeting the educational needs of neglected, delinquent, and at-risk children and youth; for assisting in the transition of children and youth from correctional facilities to locally operated programs; and that is integrated with other programs under this Act or other Acts, as appropriate. Each such State plan shall— describe how the State will assess the effectiveness of the program in improving the academic, career, and technical skills of children in the program; provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State; describe how the State will place a priority for such children to obtain a regular high school diploma, to the extent feasible; and contain an assurance that the State educational agency will— ensure that programs assisted under this chapter will be carried out in accordance with the State plan described in this subsection; carry out the evaluation requirements of section 1171; and ensure that the State agencies receiving subgrants under this chapter comply with all applicable statutory and regulatory requirements. Each such State plan shall— remain in effect for the duration of the State’s participation under this chapter; and be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this chapter. The Secretary shall approve each State plan that meets the requirements of this chapter. The Secretary may review any State plan with the assistance and advice of individuals with relevant expertise. Any State agency that desires to receive funds to carry out a program under this chapter shall submit an application to the State educational agency that— describes the procedures to be used, consistent with the State plan under section 1111, to assess the educational needs of the children to be served under this chapter; provide an assurance that in making services available to children and youth in adult correctional institutions, priority will be given to such children and youth who are likely to complete incarceration within a 2-year period; describes the program, including a budget for the first year of the program, with annual updates to be provided to the State educational agency; describes how the program will meet the goals and objectives of the State plan; describes how the State agency will consult with experts and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide projects under section 1156 are of high quality; describes how the programs will be coordinated with other appropriate State and Federal programs, such as programs under title I of Public Law 105–220 , career and technical education programs, State and local dropout prevention programs, and special education programs; describes how the State agency will encourage correctional facilities receiving funds under this chapter to coordinate with local educational agencies or alternative education programs attended by incarcerated children and youth prior to and after their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative education program; describes how appropriate professional development will be provided to teachers and other staff; designates an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues relating to the transition of such children and youth from such facility or institution to locally operated programs; describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth; provides an assurance that the State agency will assist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth; provides assurances that the State agency will work with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities; provides an assurance that the State agency will work with children and youth with disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child’s or youth’s local school if the child or youth— is identified as in need of special education services while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; and intends to return to the local school; provides an assurance that the State agency will work with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth to reenter school and obtain a regular high school diploma once the term of the incarceration is completed, or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or obtain a regular high school diploma or its recognized equivalent if the child or youth does not intend to return to school; provides an assurance that effective teachers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such students; describes any additional services to be provided to children and youth, such as career counseling, distance education, and assistance in securing student loans and grants; and provides an assurance that the program under this chapter will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ) or other comparable programs, if applicable. A State agency shall use funds received under this chapter only for programs and projects that— are consistent with the State plan under section 1154(a); and concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment without the need for remediation. Such programs and projects— may include the acquisition of equipment; shall be designed to support educational services that— except for institution-wide projects under section 1156, are provided to children and youth identified by the State agency as failing, or most at-risk of failing, to meet the State’s academic standards; supplement and improve the quality of the educational services provided to such children and youth by the State agency; and afford such children and youth an opportunity to meet State academic standards; and shall be carried out in a manner consistent with section 1120A and part C (as applied to programs and projects under this chapter). A program under this chapter that supplements the number of hours of instruction students receive from State and local sources shall be considered to comply with the supplement, not supplant requirement of section 1120A (as applied to this chapter) without regard to the subject areas in which instruction is given during those hours. A State agency that provides free public education for children and youth in an institution for neglected or delinquent children and youth (other than an adult correctional institution) or attending a community day program for such children and youth may use funds received under this chapter to serve all children in, and upgrade the entire educational effort of, that institution or program if the State agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that— provides for a comprehensive assessment of the educational needs of all children and youth in the institution or program serving juveniles; provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities who are expected to complete incarceration within a 2-year period; describes the steps the State agency has taken, or will take, to provide all children and youth under age 21 with the opportunity to meet State academic standards in order to improve the likelihood that the children and youth will complete secondary school, obtain a regular high school diploma or its recognized equivalent, or find employment after leaving the institution; describes the instructional program, specialized instructional support services, and procedures that will be used to meet the needs described in paragraph (1), including, to the extent feasible, the provision of mentors for the children and youth described in paragraph (1); specifically describes how such funds will be used; describes the measures and procedures that will be used to assess and improve student achievement; describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community day programs for neglected or delinquent children and youth, and with personnel from the State educational agency; and includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers and personnel to carry out the project effectively. If a State agency operates a program or project under this chapter in which individual children or youth are likely to participate for more than one year, the State educational agency may approve the State agency’s application for a subgrant under this chapter for a period of not more than 3 years. Each State agency shall reserve not less than 15 percent and not more than 30 percent of the amount such agency receives under this chapter for any fiscal year to support— projects that facilitate the transition of children and youth from State-operated institutions to schools served by local educational agencies; or the successful re-entry of youth offenders, who are age 20 or younger and have received a regular high school diploma or its recognized equivalent, into postsecondary education, or career and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or career and technical training programs, such as— preplacement programs that allow adjudicated or incarcerated youth to audit or attend courses on college, university, or community college campuses, or through programs provided in institutional settings; worksite schools, in which institutions of higher education and private or public employers partner to create programs to help students make a successful transition to postsecondary education and employment; and essential support services to ensure the success of the youth, such as— personal, career and technical, and academic counseling; placement services designed to place the youth in a university, college, or junior college program; information concerning, and assistance in obtaining, available student financial aid; counseling services; and job placement services. A project supported under this section may be conducted directly by the State agency, or through a contract or other arrangement with one or more local educational agencies, other public agencies, or private organizations. Nothing in this section shall be construed to prohibit a school that receives funds under subsection
(a)from serving neglected and delinquent children and youth simultaneously with students with similar educational needs, in the same educational settings where appropriate. The Secretary shall reserve not more than 1 percent of the amount reserved under section 1141 to provide technical assistance to and support State agency programs assisted under this chapter. The purpose of this chapter is to support the operation of local educational agency programs that involve collaboration with locally operated correctional facilities— to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education; to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment; and to operate programs in local schools for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth. With funds made available under section 1142(b), the State educational agency shall award subgrants to local educational agencies with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including facilities involved in community day programs). A local educational agency that serves a school operated by a correctional facility is not required to operate a program of support for children and youth returning from such school to a school that is not operated by a correctional agency but served by such local educational agency, if more than 30 percent of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local educational agency after leaving such facility. A State educational agency shall notify local educational agencies within the State of the eligibility of such agencies to receive a subgrant under this chapter. Transitional and supportive programs operated in local educational agencies under this chapter shall be designed primarily to meet the transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not have a negative impact on meeting the transitional and academic needs of the students returning from correctional facilities. Each local educational agency desiring assistance under this chapter shall submit an application to the State educational agency that contains such information as the State educational agency may require. Each such application shall include— a description of the program to be assisted; a description of formal agreements, regarding the program to be assisted, between— the local educational agency; and correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system; as appropriate, a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend; a description of the program operated by participating schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth; a description of the characteristics (including learning difficulties, substance abuse problems, and other needs) of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth; as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet the needs of students returning from correctional facilities and at-risk children or youth, including prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility; as appropriate, a description of any partnerships with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring services for participating students; as appropriate, a description of how the program will involve parents in efforts to improve the educational achievement of their children, assist in dropout prevention activities, and prevent the involvement of their children in delinquent activities; a description of how the program under this chapter will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220 and career and technical education programs serving at-risk children and youth; a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable; as appropriate, a description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correctional facilities; a description of the efforts participating schools will make to ensure correctional facilities working with children and youth are aware of a child’s or youth’s existing individualized education program; and as appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a traditional public school program. Funds provided to local educational agencies under this chapter may be used, as appropriate, for— programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education; dropout prevention programs which serve at-risk children and youth; the coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education; special programs to meet the unique academic needs of participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and programs providing mentoring and peer mediation. A local educational agency may use a grant received under this chapter to carry out the activities described under paragraphs
(1)through
(5)of subsection
(a)directly or through grants, contracts, or cooperative agreements. Each correctional facility entering into an agreement with a local educational agency under section 1163(2) to provide services to children and youth under this chapter shall— where feasible, ensure that educational programs in the correctional facility are coordinated with the student’s home school, particularly with respect to a student with an individualized education program under part B of the Individuals with Disabilities Education Act; if the child or youth is identified as in need of special education services while in the correctional facility, notify the local school of the child or youth of such need; where feasible, provide transition assistance to help the child or youth stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling; provide support programs that encourage children and youth who have dropped out of school to re-enter school and obtain a regular high school diploma once their term at the correctional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a regular high school diploma or its recognized equivalent; work to ensure that the correctional facility is staffed with effective teachers and other qualified staff who are trained to work with children and youth with disabilities taking into consideration the unique needs of such children and youth; ensure that educational programs in the correctional facility are related to assisting students to meet the States’s academic standards; to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and the community school; where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the further involvement of such children in delinquent activities; coordinate funds received under this chapter with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220 , and career and technical education funds; coordinate programs operated under this chapter with activities funded under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable; if appropriate, work with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for children and youth; and consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. The State educational agency— may require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after receiving assistance under this chapter for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a regular high school diploma or its recognized equivalent, or obtaining employment after such children and youth are released; and may reduce or terminate funding for projects under this chapter if a local educational agency does not show progress in the number of children and youth obtaining a regular high school diploma or its recognized equivalent. Each State agency or local educational agency that conducts a program under chapters A or B shall evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, not less than once every 3 years, to determine the program’s impact on the ability of participants— to maintain and improve educational achievement; to accrue school credits that meet State requirements for grade promotion and high school graduation; to make the transition to a regular program or other education program operated by a local educational agency; to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and as appropriate, to participate in postsecondary education and job training programs. The disaggregation required under subsection
(a)shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. In conducting each evaluation under subsection (a), a State agency or local educational agency shall use multiple and appropriate measures of student progress. Each State agency and local educational agency shall— submit evaluation results to the State educational agency and the Secretary; and use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth. In this subpart: The term adult correctional institution means a facility in which persons (including persons under 21 years of age) are confined as a result of a conviction for a criminal offense. The term at-risk , when used with respect to a child, youth, or student, means a school-aged individual who— is at-risk of academic failure; and has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school. The term community day program means a regular program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent children and youth. The term institution for neglected or delinquent children and youth means— a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision. The purposes of this subpart are— to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English; to assist all English learners, including immigrant children and youth, to achieve at high levels in the core academic subjects so that those children can meet the same State academic standards that all children are expected to meet, consistent with section 1111(b)(1); to assist State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining high-quality, flexible, evidence-based language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; to assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality, evidence-based instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instruction settings; and to promote parental and community participation in language instruction educational programs for the parents and communities of English learners. In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 1192, the Secretary shall reserve 4.4 percent of funds appropriated under section 3(a)(1) to make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). The Secretary may make a grant under subsection
(a)only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection
(c)for a fiscal year— to award subgrants, from allocations under section 1193, to eligible entities to carry out the activities described in section 1194 (other than subsection (e)); and to award subgrants under section 1193(d)(1) to eligible entities that are described in that section to carry out the activities described in section 1194(e). Subject to paragraph (3), each State educational agency receiving a grant under subsection
(a)may reserve not more than 5 percent of the agency’s allotment under subsection
(c)to carry out the following activities: Professional development activities, and other activities, which may include assisting personnel in— meeting State and local certification and licensing requirements for teaching English learners; and improving teacher skills in meeting the diverse needs of English learners, including in how to implement evidence-based programs and curricula on teaching English learners. Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this chapter, including assistance in— identifying and implementing evidence-based language instruction educational programs and curricula for teaching English learners; helping English learners meet the same State academic standards that all children are expected to meet; identifying or developing, and implementing, measures of English proficiency; and strengthening and increasing parent, family, and community engagement. Providing recognition, which may include providing financial awards, to subgrantees that have significantly improved the achievement and progress of English learners in— reaching English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(D); and meeting the State academic standards under section 1111(b)(1). From the amount reserved under paragraph (2), a State educational agency may use not more than 40 percent of such amount or $175,000, whichever is greater, for the planning and administrative costs of carrying out paragraphs
(1)and (2). From the amount reserved under section 1191(a) for each fiscal year, the Secretary shall reserve— 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this chapter, as determined by the Secretary, for activities, approved by the Secretary, consistent with this chapter; and 6.5 percent of such amount for national activities under sections 1211 and 1222, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 1222. Except as provided in subparagraph (B), from the amount reserved under section 1191(a) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 1192(c)— an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of such children in all States, as determined by data available from the American Community Survey conducted by the Department of Commerce or State-reported data; and an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined based only on data available from the American Community Survey conducted by the Department of Commerce. No State educational agency shall receive an allotment under this paragraph that is less than $500,000. If any State educational agency described in subparagraph
(A)does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this chapter, the Secretary shall reallot any portion of such allotment to the remaining State educational agencies in accordance with subparagraph (A). The total amount allotted to Puerto Rico for any fiscal year under subparagraph
(A)shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year. In making State allotments under paragraph
(2)for each fiscal year, the Secretary shall determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be— data from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(D), which may be multiyear estimates; or a combination of data available under subparagraphs
(A)and (B). Each State educational agency desiring a grant under this chapter shall submit a plan to the Secretary at such time and in such manner as the Secretary may require. Each plan submitted under subsection
(a)shall— describe the process that the agency will use in awarding subgrants to eligible entities under section 1193(d)(1); provide an assurance that— the agency will ensure that eligible entities receiving a subgrant under this chapter comply with the requirement in section 1111(b)(2)(B)(x) to annually assess in English learners who have been in the United States for 3 or more consecutive years; the agency will ensure that eligible entities receiving a subgrant under this chapter annually assess the English proficiency of all English learners participating in a program funded under this chapter, consistent with section 1111(b)(2)(D); in awarding subgrants under section 1193, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; subgrants to eligible entities under section 1193(d)(1) will be of sufficient size and scope to allow such entities to carry out high-quality, evidence-based language instruction educational programs for English learners; the agency will require an eligible entity receiving a subgrant under this chapter to use the subgrant in ways that will build such recipient’s capacity to continue to offer high-quality evidence-based language instruction educational programs that assist English learners in meeting State academic standards; the agency will monitor the eligible entity receiving a subgrant under this chapter for compliance with applicable Federal fiscal requirements; and the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this chapter, parents, and other relevant stakeholders; describe how the agency will coordinate its programs and activities under this chapter with other programs and activities under this Act and other Acts, as appropriate; describe how eligible entities in the State will be given the flexibility to teach English learners— using a high-quality, evidence-based language instruction curriculum for teaching English learners; and in the manner the eligible entities determine to be the most effective; and describe how the agency will assist eligible entities in increasing the number of English learners who acquire English proficiency. The Secretary, after using a peer review process, shall approve a plan submitted under subsection
(a)if the plan meets the requirements of this section. Each plan submitted by a State educational agency and approved under subsection
(c)shall— remain in effect for the duration of the agency’s participation under this chapter; and be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart. If the State educational agency amends the plan, the agency shall submit such amendment to the Secretary. The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this subpart. A plan submitted under subsection
(a)may be submitted as part of a consolidated plan under section 5302. The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards and assessments. After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 1191(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 1195 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State. A State educational agency shall not award a subgrant from an allocation made under subsection
(a)if the amount of such subgrant would be less than $10,000. Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection
(a)for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. A State educational agency receiving a grant under this chapter for a fiscal year— shall reserve not more than 15 percent of the agency’s allotment under section 1191(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and in awarding subgrants under paragraph (1)— shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and shall consider the quality of each local plan under section 1195 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this subpart. A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this chapter only if the entity agrees to expend the funds to improve the education of English learners, by assisting the children to learn English and meet State academic standards. In carrying out activities with such funds, the eligible entity shall use evidence-based approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including programs of early childhood education, elementary school programs, and secondary school programs. Carrying out highly focused, innovative, locally designed, evidence-based activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. Each eligible entity receiving funds under section 1193(a) for a fiscal year shall use not more than 2 percent of such funds for the cost of administering this chapter. An eligible entity receiving funds under section 1193(a) shall use the funds— to increase the English language proficiency of English learners by providing high-quality, evidence-based language instruction educational programs that meet the needs of English learners and have demonstrated success in increasing— English language proficiency; and student academic achievement in the core academic subjects; to provide high-quality, evidence-based professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), school leaders, administrators, and other school or community-based organization personnel, that is— designed to improve the instruction and assessment of English learners; designed to enhance the ability of teachers and school leaders to understand and implement curricula, assessment practices and measures, and instruction strategies for English learners; evidence-based in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of teachers; and of sufficient intensity and duration (which shall not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and to provide and implement other evidence-based activities and strategies that enhance or supplement language instruction educational programs for English learners, including parental and community engagement activities and strategies that serve to coordinate and align related programs. Subject to subsection (c), an eligible entity receiving funds under section 1193(a) may use the funds to achieve one of the purposes described in subsection
(a)by undertaking one or more of the following activities: Upgrading program objectives and effective instruction strategies. Improving the instruction program for English learners by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures. Providing to English learners— tutorials and academic or career education for English learners; and intensified instruction. Developing and implementing elementary school or secondary school language instruction educational programs that are coordinated with other relevant programs and services. Improving the English language proficiency and academic achievement of English learners. Providing community participation programs, family literacy services, and parent outreach and training activities to English learners and their families— to improve the English language skills of English learners; and to assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children. Improving the instruction of English learners by providing for— the acquisition or development of educational technology or instructional materials; access to, and participation in, electronic networks for materials, training, and communication; and incorporation of the resources described in subparagraphs
(A)and
(B)into curricula and programs, such as those funded under this chapter. Carrying out other activities that are consistent with the purposes of this section. An eligible entity receiving funds under section 1193(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; support for personnel, including paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds; basic instruction services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instruction services; other instruction services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. The duration of a subgrant made by a State educational agency under section 1193(d)(1) shall be determined by the agency in its discretion. To receive a subgrant from a State educational agency under this chapter, an eligible entity shall select one or more methods or forms of instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet State academic standards. Such selection shall be consistent with sections 1204 through 1206. Federal funds made available under this chapter shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. Each eligible entity desiring a subgrant from the State educational agency under section 1193 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Each plan submitted under subsection
(a)shall— describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the State academic standards; describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this chapter accountable for annually assessing the English language proficiency of all children participating under this subpart, consistent with section 1111(b); describe how the eligible entity will promote parent and community engagement in the education of English learners; contain an assurance that the eligible entity consulted with teachers, researchers, school administrators, parents and community members, public or private organizations, and institutions of higher education, in developing and implementing such plan; describe how language instruction educational programs carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency; and contain assurances that— each local educational agency that is included in the eligible entity is complying with section 1112(g) prior to, and throughout, each school year; and the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of English learners, consistent with sections 1205 and 1206. Each eligible entity receiving a subgrant under section 1193 shall include in its plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this subpart are fluent in English and any other language used for instruction, including having written and oral communications skills. Each eligible entity that receives a subgrant from a State educational agency under chapter A shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and students served under this subpart that includes— a description of the programs and activities conducted by the entity with funds received under chapter A during the two immediately preceding fiscal years, including how such programs and activities supplemented programs funded primarily with State or local funds; a description of the progress made by English learners in learning the English language and in meeting State academic standards; the number and percentage of English learners in the programs and activities attaining English language proficiency based on the State English language proficiency standards established under section 1111(b)(1)(E) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(D); the number of English learners who exit the language instruction educational programs based on their attainment of English language proficiency and transitioned to classrooms not tailored for English learners; a description of the progress made by English learners in meeting the State academic standards for each of the 2 years after such children are no longer receiving services under this subpart; the number and percentage of English learners who have not attained English language proficiency within five years of initial classification as an English learner and first enrollment in the local educational agency; and any such other information as the State educational agency may require. A report provided by an eligible entity under subsection
(a)shall be used by the entity and the State educational agency— to determine the effectiveness of programs and activities in assisting children who are English learners— to attain English language proficiency; and to make progress in meeting State academic standards under section 1111(b)(1); and upon determining the effectiveness of programs and activities based on the criteria in paragraph (1), to decide how to improve programs. Based upon the reports provided to a State educational agency under section 1201, each such agency that receives a grant under this subpart shall prepare and submit annually to the Secretary a report on programs and activities carried out by the State educational agency under this subpart and the effectiveness of such programs and activities in improving the education provided to English learners. Annually, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— on programs and activities carried out to serve English learners under this subpart, and the effectiveness of such programs and activities in improving the academic achievement and English language proficiency of English learners; on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this subpart to teach English learners; containing a critical synthesis of data reported by eligible entities to States under section 1201(a); containing a description of technical assistance and other assistance provided by State educational agencies under section 1191(b)(2)(C); containing an estimate of the number of effective teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years; containing the number of programs or activities, if any, that were terminated because the entities carrying out the programs or activities were not able to reach program goals; containing the number of English learners served by eligible entities receiving funding under this subpart who were transitioned out of language instruction educational programs funded under this subpart into classrooms where instruction is not tailored for English learners; and containing other information gathered from other reports submitted to the Secretary under this subpart when applicable. In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. Nothing in this subpart shall be construed— to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where appropriate; to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; or to limit the preservation or use of Native American languages. Nothing in this subpart shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official. Nothing in this subpart shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. In carrying out this subpart, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners. Notwithstanding any other provision of this subpart, programs authorized under this subpart that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. The Secretary shall use funds made available under section 1191(c)(1)(B) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private organizations with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this subsection may be used— for preservice, evidence-based professional development programs that will assist local schools and institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals; for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; to support strategies that strengthen and increase parent and community member engagement in the education of English learners; and to share and disseminate evidence-based practices in the instruction of English learners and in increasing their student achievement. Except as otherwise provided, in this subpart: The term child means any individual aged 3 through 21. The term community-based organization means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. The term eligible entity means— one or more local educational agencies; or one or more local educational agencies, in consortia (or collaboration) with an institution of higher education, community-based organization, or State educational agency. The term immigrant children and youth means individuals who— are age 3 through 21; were not born in any State; and have not been attending one or more schools in any one or more States for more than 3 full academic years. The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. The term language instruction educational program means an instruction course— in which an English learner is placed for the purpose of developing and attaining English language proficiency, while meeting State academic standards, as required by section 1111(b)(1); and that may make instructional use of both English and a child’s native language to enable the child to develop and attain English language proficiency, and may include the participation of English language proficient children if such course is designed to enable all participating children to become proficient in English and a second language. The term native language , when used with reference to English learner, means— the language normally used by such individual; or in the case of a child or youth, the language normally used by the parents of the child or youth. The term paraprofessional means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migratory education. The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for English learners, and related programs. The National Clearinghouse shall— be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system supported by the Institute of Education Sciences; coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; develop a system for improving the operation and effectiveness of federally funded language instruction educational programs; and collect and disseminate information on— educational research and processes related to the education of English learners; and accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English language proficiency assessments for language instruction educational programs; and publish, on an annual basis, a list of grant recipients under this subpart. In developing regulations under this subpart, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners. It is the purpose of this subpart to address the unique needs of rural school districts that frequently— lack the personnel and resources needed to compete effectively for Federal competitive grants; and receive formula grant allocations in amounts too small to be effective in meeting their intended purposes. From amounts appropriated under section 3(a)(1) for a fiscal year, the Secretary shall reserve 0.54 of one percent to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: Part A of title I. Title II. Title III. Except as provided in paragraph (3), the Secretary shall award a grant under subsection
(a)to a local educational agency eligible under subsection
(d)for a fiscal year in an amount equal to the initial amount determined under paragraph
(2)for the fiscal year minus the total amount received by the agency in subpart 2 of part A of title II for the preceding fiscal year. The initial amount referred to in paragraph
(1)is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph
(1)for such year, the Secretary shall ratably reduce such amounts for such year. If additional funds become available for making payments under paragraph
(1)for such fiscal year, payments that were reduced under subparagraph
(A)shall be increased on the same basis as such payments were reduced. The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. A local educational agency shall be eligible to use the applicable funding in accordance with subsection
(a)if— the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and all of the schools served by the local educational agency are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; or the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph (A)(ii). The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. For a local educational agency that is not eligible under this chapter but met the eligibility requirements under this subsection as it was in effect prior to the date of the enactment of the Student Success Act, the agency shall receive— for fiscal year 2014, 75 percent of the amount such agency received for fiscal year 2013; for fiscal year 2015, 50 percent of the amount such agency received for fiscal year 2013; and for fiscal year 2016, 25 percent of the amount such agency received for fiscal year 2013. A local educational agency that receives a grant under this chapter for a fiscal year is not eligible to receive funds for such fiscal year under chapter B. From amounts appropriated under section 3(a)(1) for a fiscal year, the Secretary shall reserve 0.54 of one percent for this chapter for a fiscal year that are not reserved under subsection
(c)to award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 1237 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 1236(a). From amounts described in paragraph
(1)for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 1237 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart. The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph
(2)directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph
(A)and obtained approval of the application. In this subpart, the term specially qualified agency means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection. A local educational agency shall be eligible to receive a grant under this subpart if— 20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and all of the schools served by the agency are designated with a school locale code of 32, 33, 41, 42, 43, as determined by the Secretary. A State educational agency shall award grants to eligible local educational agencies— on a competitive basis; according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B). From amounts reserved under section 1235(a)(1) for this chapter for a fiscal year, the Secretary shall reserve— one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Education, to carry out the activities authorized under this chapter; and one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this chapter. Grant funds awarded to local educational agencies under this chapter shall be used for activities authorized under any of the following: Part A of title I. Title II. Title III. A State educational agency receiving a grant under this chapter may not use more than 5 percent of the amount of the grant for State administrative costs and to provide technical assistance to eligible local educational agencies. Each State educational agency or specially qualified agency desiring to receive a grant under this chapter shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application submitted under subsection
(a)shall include— a description of how the State educational agency or specially qualified agency will ensure eligible local educational agencies receiving a grant under this chapter will use such funds to help students meet the State academic standards under section 1111(b)(1); if the State educational agency or specially qualified agency will competitively award grants to eligible local educational agencies, as described in section 1235(b)(2)(A), the application under the section shall include— the methods and criteria the State educational agency or specially qualified agency will use for reviewing applications and awarding funds to local educational agencies on a competitive basis; and how the State educational agency or specially qualified agency will notify eligible local educational agencies of the grant competition; and a description of how the State educational agency or specially qualified agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 1236(a). Each State educational agency or specially qualified agency that receives a grant under this chapter shall prepare and submit an annual report to the Secretary. The report shall describe— the methods and criteria the State educational agency or specially qualified agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this chapter; how local educational agencies and schools used funds provided under this chapter; and the degree to which progress has been made toward having all students meet the State academic standards under section 1111(b)(1). If a local educational agency is eligible for funding under chapters A and B of this subpart, such local educational agency may receive funds under either chapter A or chapter B for a fiscal year, but may not receive funds under both chapters. A local educational agency eligible for both chapters A and B of this subpart shall notify the Secretary and the State educational agency under which of such chapters such local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. Each local educational agency desiring a grant under section 1231 and each local educational agency or specially qualified agency desiring a grant under chapter B shall— not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools served by the agency; and not later than March 1 of each year, submit the number described in paragraph
(1)to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart 2). If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection
(a)for the purpose of gaining additional funds under section 1231 or chapter B, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section 1231 or chapter B if the agency had submitted accurate information under subsection (a). Funds made available under chapter A or chapter B shall be used to supplement, and not supplant, any other Federal, State, or local education funds. Nothing in this subpart shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this subpart. . The Act is amended by striking title VII ( 20 U.S.C. 7401 et seq. ).
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  • Pub. L. 105-220
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cites case law
Sec. 131
Additional aid
U.S.C.§ 6301
U.S.C.§ 5601
U.S.C.§ 7401
Pub. L.Pub. L. 105-220
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