Sec. 3001. Language and academic content instruction for English learners and immigrant students

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

Title III (20 U.S.C. 6801 et seq.) is amended to read as follows: This part may be cited as the English Language Acquisition, Language Enhancement, and Academic Achievement Act . The purposes of this part are— to ensure that English learners, including immigrant children and youth, achieve English proficiency; to supplement the other services under this Act and related programs designed to ensure that English learners develop high levels of academic attainment and meet the college and career ready standards under section 1111(a)(1); to support States as they— adopt English language proficiency standards that include not less than 4 levels of English proficiency; establish statewide frameworks for identifying and supporting English learners; and adopt valid and reliable assessments of English proficiency aligned to— English language proficiency standards; the statewide criteria for identifying English learners,; entering and exiting criteria; and a statewide system for supporting English learners; and to support the efforts of early childhood educators, teachers, school leaders, State educational agencies, and local educational agencies to develop and enhance the capacity and flexibility needed to— provide evidence-based, linguistically and culturally appropriate services to assist English learners supported under this part in— attaining English language proficiency; meeting college and career ready academic content standards under section 1111(a)(1); and achieving school readiness before kindergarten entry; implement such services effectively; evaluate the impact of such services on school readiness, English language proficiency, and academic content knowledge; modify such services as appropriate to meet the needs of students; and create the conditions for learning necessary to meet the needs of English learners so English learners can access rigorous academic content; and to promote family and community participation in language instruction educational programs in communities for parents of English learners.

In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall 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 not less than 95 percent of the State educational agency’s allotment under subsection

(c)for a fiscal year— to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection

(e)of that section); and to award subgrants under section 3114(d)(1) to eligible entities that are described in that subsection to carry out the activities described in section 3115(d). Subject to subparagraph (B), each State educational agency receiving a grant under subsection

(a)may reserve not more than 10 percent of the agency’s allotment under subsection

(c)for the purpose of carrying out 1 or more of the following activities: Establishing and implementing a framework for identifying English learners that includes not less than 4 levels of English proficiency that— can reasonably be measured; are based on actual student performance; and shall be used for identification, placement in English language instruction, reporting, and accountability purposes. Establishing and implementing standardized, statewide evidence-based entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. Establishing and implementing policies to support local educational agencies as local educational agencies ensure the continuity of English-learner identification and English proficiency level for students who transfer between local educational agencies. Adopting and implementing high-quality, evidence-based English language proficiency standards and matching assessments that identify not less than 4 levels of English proficiency and that are aligned with the college and career ready standards under section 1111(a)(1) adopted by the State for each grade level that— set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and support teachers as teachers enhance instruction to support English learners. Establishing and implementing systems and policies to encourage and facilitate the sharing of highly effective practices for serving English learners among local educational agencies. Developing, in States where 20 percent of the English learner population has the same native language and a minimum of 10,000 students speak that language, native-language content assessments for students of that language group who cannot yet access the content in English, and incorporating the results of those assessments into the accountability system established under section 1111(a)(3) and 1116. Providing technical assistance to local educational agencies regarding professional development and family and community outreach and engagement. As appropriate, providing competitive grants to support improved outreach and school readiness in early education settings. As appropriate, developing curricula appropriate for dual-language instructional environments. Planning, administration, and interagency coordination. A State may use not more than one-third of the amount reserved under subparagraph

(A)or $175,000, whichever is greater, for the activities described in subparagraph (A)(x). From the amount appropriated under section 3(j) for each fiscal year, the Secretary shall reserve— 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart; 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart (as determined by the Secretary) for activities that are approved by the Secretary and consistent with the purposes of this subpart; 3.5 percent of such amount for national activities under subpart 3, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Learner Support and Educational Programs described in section 3203; and 3 percent of such amount for technical assistance provided to States under section 3122(c). Except as provided in subparagraph (B), from the amount appropriated under section 3(j) 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 3113(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 using data in accordance with paragraph (3); 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 subpart, 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)(A)(i), for each fiscal year, the Secretary shall determine the number of English learners in a State and in all States, for each fiscal year, using the most accurate, up-to-date data, which may be— data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; the number of students assessed as not having attained English language proficiency, based on the State's English language proficiency assessment under section 1111(a)(2)(D), which may be multi-year estimates; a combination of data available under subparagraphs

(A)and (B); or the most reliable source of data available to the Secretary for determining the number of immigrant children and youth in a State and in all States. For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: An Indian tribe. A tribally sanctioned educational authority. A Native Hawaiian or Native American Pacific Islander native language educational organization. An elementary school or secondary school that is operated or funded by the Bureau of Indian Education of the Department of the Interior, or a consortium of such schools. An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior, in consortium with another such school or a tribal or community organization. An elementary school or secondary school operated by the Bureau of Indian Education of the Department of the Interior and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the Department of the Interior or a tribal or community organization. Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection

(a)that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. An eligible entity described in subsection

(a)that receives a grant under this section shall not be eligible to receive a subgrant under section 3114 for the same period. An eligible entity described in subsection

(a)that receives a grant under this section may, in addition to other activities supported under this subpart, use the grant funds to support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional or tribal leaders. Each State educational agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information 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 this subpart; include high-quality, evidence-based English language proficiency standards aligned with the college and career ready standards adopted by the State and described in section 1111(a)(1) for each grade level that— set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; and support teachers as teachers enhance curriculum and instruction to support English learners; include a statewide framework for identifying, supporting, and exiting English learners that— is aligned with the English language proficiency standards described in paragraph (2); and includes not less than 4 levels of proficiency; describe the statewide framework adopted under paragraph (3), including a justification for the number of levels of proficiency, the defining characteristics of each level, and a description of the extent to which students can use the English language to access rigorous academic content at each level of English language proficiency; include a State English language proficiency assessment system that— is valid, reliable, and aligned to the English language proficiency standards described in paragraph

(2)and the statewide framework described in paragraph (3); and provides relevant information to educators to better meet the needs of the English learners being served; describe how the State will ensure that— each student is proficient in academic English not more than 5 years after being identified as an English learner; and in the case of a student who is an English learner who will graduate from secondary school in less than 5 years of being identified as an English learner— such English learner student will receive not less than 5 years of services to help the student attain English proficiency; such English learner student will continue to receive services to gain English proficiency after graduation from secondary school, through a memorandum of understanding between the local educational agency and a local institution of higher education; and if such English learner student does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the State or local educational agency's calculation of the graduation rate; provide an assurance the State will include English language proficiency assessment results as a representative and significant portion of the State-designed professional growth and improvement system, and a description of the process for doing so; provide an assurance the State will include English language proficiency assessment results as a significant portion of the State-designed professional growth and improvement system for all teachers of English learners, and a description of the process for doing so; describe how the State educational agency will support local educational agencies in assisting English learners in acquiring proficiency in each of the 4 language domains of reading, writing, speaking, and listening, as measured by the State’s English language proficiency assessment; describe how the State educational agency will encourage and facilitate the sharing of highly-effective practices for serving English learners among local educational agencies, and, to the extent practicable, early childhood education programs; describe how the State educational agency will coordinate programs and activities carried out under this subpart with the other programs and activities that such agency carries out under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), and the McKinney-Vento Homeless Assistance Act; describe how the agency will assist eligible entities in increasing the extent to which English learners acquire English language proficiency within the time frame described in paragraph (6), as informed by evidence-based practices; provide an assurance eligible entities in the State will be given the flexibility to teach English learners using a language instruction curriculum that has been demonstrated to be effective; describe how the agency will manage subgrants awarded under this subpart, including— how the agency will ensure subgrant funds are expended to support the provision of services to help English learners achieve English language proficiency and meet the State’s college and career ready academic content standards, which may include using a evidence-based language instruction curriculum; how the agency will monitor eligible entities receiving a subgrant under this part to ensure compliance with applicable Federal fiscal requirements, while also assisting such entities in building their capacity to offer high-quality services; and how the agency will, in awarding subgrants under section 3114, address the needs of local educational agencies of all sizes and in all geographic areas, including local educational agencies that serve rural and urban schools; identify the lowest performing local educational agencies in the State (regarding the activities described in this title) and describe how the State will ensure that those local educational agencies improve; and provide an assurance the plan has been developed in consultation with local educational agencies, teachers, administrators of programs described under this part, parents, family members, community partners, and other relevant stakeholders. 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. The State shall resubmit the plan submitted under subsection

(a)every 4 years, and such resubmissions shall coincide with the years that the State submits a State plan under title I. If a State educational agency amends the plan approved under this subsection, the agency shall submit the amendment to the Secretary. The Secretary shall approve an 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 part. A plan submitted under subsection

(a)may be submitted as part of a State consolidated plan. The Secretary shall provide technical assistance, if requested, in the development of English language proficiency standards, performance targets, and assessments. After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(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 3116, 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 public and nonpublic schools served by the eligible entity bears to the population of English learners in public and nonpublic 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 the agency 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 subpart for a fiscal year— may reserve not more than 15 percent of the agency’s allotment under section 3111(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, including students with interrupted formal education, 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 consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth, including students with interrupted formal education,; shall consider eligible entities that experience a significant increase in the percentage of immigrant children and youth served, including students with interrupted formal education, and eligible entities that experience a significant increase in the number of immigrant children and youth served, including students with interrupted formal education; and shall consider the quality of each local plan under section 3116 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part. A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to supplement the education of English learners by helping English learners learn English and meet the State college and career ready academic content and student academic achievement standards. The eligible subgrantee shall carry out activities with such funds, using evidence-based approaches and methodologies that have been demonstrated to be effective 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 early childhood education programs, 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, whole school 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 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. An eligible agency that receives a subgrant under section 3114 may use subgrant funds to meet the academic and language needs of English learners, in order to meet the performance targets described under section 3121, by carrying out the following activities: Developing an individual performance target for each English learner that is not less than the rate of growth in English proficiency necessary for the student to achieve proficiency not more than 5 years after being identified as an English learner; and in the case of a student who will graduate from secondary school in less than 5 years, ensuring that— such student will receive not less than 4 years of services to help the student attain English proficiency; the student will continue to receive services to gain English proficiency after graduation from secondary school, through a partnership between the local educational agency and a local institution of higher education; and if a student described in this subparagraph does not attain English proficiency not more than 5 years after being identified as an English learner, the student will not be counted as a graduating student in the local educational agency's calculation of the graduation rate. Developing and carrying out sustained, long term, job-embedded, data driven professional development for educators that includes— specific knowledge and skills school leaders need to— implement evidence-based strategies to create positive conditions for learning; create conditions for learning; support effective, evidence-based instructional programs; design comprehensive professional growth plans for educators who serve English learners; develop the capacity of content-area teachers to meet the unique cultural, language, and academic needs of English learners; and meet the unique needs, cultural and otherwise, of families of English learners; specific knowledge and skills teachers of English learners need to— implement evidence-based instructional strategies for improving English learner acquisition of academic language; meet the academic and language needs of English learners of different ages; and meet the unique needs, cultural and otherwise, of families of English learners; and specific knowledge and skills content-area teachers need to— adapt, accommodate, and enhance academic content curricula and assessments, to the greatest extent practicable, to ensure that English learners can access academic content while maintaining the high expectations necessary to meet the performance targets described under section 3121 and the college and career ready standards described in section 1111(a)(1); execute evidence-based instructional strategies for improving English learner acquisition of content-specific language and concepts; execute evidence-based instructional practices for improving English learner acquisition of academic language; and meet the unique needs, cultural and otherwise, of families of English learners. Implementing and carrying out opportunities for teachers of English learners and content-area teachers to plan collaboratively during contract hours. Implementing or enhancing schoolwide data analysis and intervention teams to improve the achievement of English learners. Developing, implementing, and carrying out not less than 1 of the following family engagement strategies: Implementing community school models and related activities, such as opening school facilities to community-based organizations, establishing parent institutes, operating or supporting co-location with family literacy programs, and establishing co-location with public assistance programs. Providing compensatory time to allow teachers to conduct home visits, or establishing a home visiting program in collaboration with a community-based organization. Establishing native-language family outreach call centers. Other evidence-based outreach strategies. As necessary, acquiring evidence-based curricular and instructional materials designed to meet the needs of English learners. An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, including students with interrupted formal education, which may include— family literacy, parent and family outreach, and leadership development activities designed to assist parents and family members in becoming engaged participants in the education and development of their children; recruitment of, and support for, personnel, including early childhood educators, teachers, and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; the 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 funds awarded under section 3114(a); basic instructional 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 and costs of transportation; such other costs that are directly attributable to such additional basic instructional services or 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 (including community-based organizations providing early childhood education programs), 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 3114(d)(1) shall be determined by the agency in the agency's discretion. An eligible entity receiving a subgrant from a State educational agency under this subpart shall select 1 or more methods or forms of evidence-based instruction to be used in the programs and activities undertaken by the entity in assisting English learners in attaining English language proficiency and meeting State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) in order to be college and career ready. The selection of methods or forms of instruction, as described under paragraph (1), shall be consistent with sections 3125 through 3128. Federal funds made available under this subpart 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 a State educational agency under section 3114 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)for a subgrant under section 3114(a) shall, at a minimum— describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant, including how such programs and activities will enable children to speak, read, write, and comprehend the English language, meet State college and career ready academic content standards and student academic achievement standards under section 1111(a)(1), and be college and career ready; describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this subpart accountable for— assessing annually, in accordance with section 1111(a)(2)(D), the English language proficiency of all English learners participating in programs funded under this subpart; and meeting timelines, progress criteria, and performance targets for English learners in order to ensure that students served by programs carried out under this part— achieve English proficiency; and meet the State’s college and career ready academic content standards under section 1111(a)(1); describe how the eligible entity will engage family and community members and involve them in activities carried out using subgrant funds; describe how the eligible entity will consult with teachers, researchers, school administrators, parents, family and community members, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing and implementing such plan; describe how language instruction and academic content instruction carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency and demonstrate such proficiency through academic content mastery; describe how the eligible entity will, if applicable, coordinate activities under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers; and contain an assurance that— the eligible entity is not in violation of State law, including State constitutional law, regarding the education of English learners, consistent with sections 3124 through 3128; each local educational agency that is included in the eligible entity complies with section 3202 prior to, and throughout, each school year; and in developing the plan, the eligible entity considered how best to target funds to schools with high concentrations of English learners and to support continuous improvement in the services offered to English learners in the area served by the eligible entity. Each eligible entity receiving a subgrant under this subpart shall include in the plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in the language used for instruction, including having written and oral communications skills. Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes— a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years; a description of the progress made by children in learning the English language as measured by the State English language proficiency assessment described in section 3113(b)(5) and meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); the number and percentage of children in the programs and activities who meet the target established under section 3113(b)(6)(A); a description of the progress made by children in meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) for each of the 2 years after such children are no longer receiving services under this part; and a description of the progress made by former English learners in meeting college and career ready academic content standards and student achievement standards under section 1111(a)(1). An evaluation provided by an eligible entity under subsection

(a)shall be used by the entity and the State educational agency— for improvement of programs and activities; to determine the effectiveness of programs and activities in assisting children who are English learners to attain English proficiency, as measured in a way that is consistent with paragraph (4), and meet college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); and in determining whether or not to continue funding for specific programs or activities. An evaluation provided by an eligible entity under subsection

(a)shall— provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who— are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency; have transitioned into classrooms not tailored to English learners, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English learners; are meeting the college and career ready standards under section 1111(a)(1); and are not exempted from the State reading or language arts academic assessment in accordance with section 1111(a)(2)(B)(v)(II); and include such other information as the State educational agency may require. A State shall approve evaluation measures for use under paragraph

(3)that are designed to assess— the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English; student attainment of college and career ready student academic achievement standards under section 1111(a)(1) on assessments described in section 1111(a)(2); and progress in meeting the annual State performance targets described in section 3122. Each eligible entity that receives a subgrant from a State educational agency under this title shall annually reach an agreement with the State educational agency on a local English proficiency performance target for the percentage of English learners served by the eligible entity under this title who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. For purposes of this paragraph, English proficiency shall be measured using the English language proficiency assessment described in section 3113(b)(5). In the case of a student who will graduate from secondary school in less than 5 years, if such does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the local educational agency's calculation of the graduation rate. During the development of the improvement plan described in paragraph (4), and throughout the implementation of such plan, the State educational agency shall— provide technical assistance to the eligible entity; provide technical assistance, if applicable, to schools served by the eligible entity under subpart 1 that need assistance to enable the schools to meet the eligible entity's local performance target described in paragraph (1); assist the eligible entity in improving the professional development described in section 3115(c)(2) that such eligible entity is providing to educators; and develop, in consultation with the eligible entity, a plan to incorporate evidence-based strategies and methodologies to improve the specific program or method of instruction provided to English learners. If an eligible entity fails to meet the local performance target described in paragraph

(1)for 2 consecutive years, the State educational agency shall— identify such eligible entity as being in need of improvement; and require the eligible entity to develop and implement an improvement plan. If an eligible entity fails to meet the local performance targets described in paragraph

(1)a year after being identified as being in need of improvement, as described in subparagraph (A)(i), the State educational agency shall— identify such eligible entity as being in need of State support; require such eligible entity to develop and implement a plan to modify the entity’s curriculum, program, and method of instruction; and submit such plan to the State educational agency for approval. If an eligible entity fails to meet the local performance targets described in paragraph

(1)a year after being identified as being in need of State support, as described in subparagraph (B)(i), the State educational agency shall— identify such eligible entity as being in need of State action; manage the subgrant funds and the eligible entity's subgrant programs for 4 years, or until the local performance target is reached if such target is reached in less than 4 years; and after 4 years, or after the local performance target is reached if such target is reached in less than 4 years, institute a 2 year probationary period, during which the State educational agency shall once again manage the subgrant funds and programs if the eligible entity fails to meet the local performance target at any time during the probationary period. Each State educational agency, with input from subgrantees, shall establish in the State plan submitted under section 3113, a State performance target for the percentage of English learners served by the State under this title who are making progress in achieving English proficiency not more than 5 years after being identified as an English learner. The State performance target established under this subsection shall be subject to approval by the Secretary. Each State educational agency shall ensure that the local performance targets described in section 3121(b)(1) result, in the aggregate, in the State achieving the State’s performance target for English learners. If a State educational agency has failed to meet the State's performance target for 2 consecutive years, the Secretary shall require the State educational agency to develop an improvement plan that will ensure that the State educational agency meets the State performance target. The improvement plan shall specifically address the factors that prevented the agency from meeting such performance target. During the development of the improvement plan described in subsection (b), and throughout the implementation of such plan, the Secretary shall— provide technical assistance to the State educational agency using the funds described in section 3111(c)(1)(D); assist the State educational agency in developing a plan to improve and disseminate the professional development described in section 3115(c)(2); and develop, in consultation with the State educational agency, a plan to incorporate evidence-based strategies and methodologies to improve the specific programs and method of instruction in use in such State. If a State educational agency fails to meet its performance target for 4 consecutive years, the Secretary shall— require such State educational agency to modify its State plan and the methods of instruction in use in the State; or require such State educational agency to— identify low-performing local educational agencies in the State; develop and implement a plan to partner such low-performing local educational agencies with high-performing local educational agencies in the State that have met the local performance targets for the previous 3 years; and reallocate any grant funding under this title that would have otherwise been distributed to an identified low-performing local educational agency to such agency's high-performing partner local educational agency, as described in clause (ii), to enable the high-performing partner agency to provide technical assistance. In the case of a student who will graduate from secondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted as a graduating student in the State educational agency's calculation of the graduation rate. Each State educational agency that receives assistance under this part shall provide annually to the Secretary, and make widely available within the State, a report containing information about— the State’s progress in developing and implementing the English language proficiency standards described in section 3111(b)(2)(A)(iv); the achievement, academic growth, and acquisition of English language proficiency of students served under this title; programs and activities carried out by the State educational agency under this part; and the effectiveness of such programs and activities in improving the education provided to English learners. Every second year, the Secretary shall prepare and submit to the authorizing committees of Congress a report containing— information about programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners; information about the types of language instruction educational programs used by eligible entities receiving funding under this part to teach English learners; a critical synthesis of data reported by eligible entities to States under section 3121(a)(3); a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(A); an estimate of the number of certified or licensed 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; the major findings of scientifically based research carried out under this title; the number of programs or activities, if any, that were subject to accountability measures described in section 3121(b)(4) due to a failure to meet local performance targets; the number of English learners served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part into classrooms where instruction is not tailored for English learners; and other information gathered from other reports submitted to the Secretary under this title, as 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 part 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; to limit the preservation or use of Native American languages; to prohibit the use of dual language programs to serve the needs of English learners and children with similar educational needs, in the same educational setting as appropriate. Nothing in this part 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 part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. Notwithstanding any other provision of this part, programs authorized under this part 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. In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners. The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants, on a competitive basis and for a period of not more than 5 years, to institutions of higher education or nonprofit institutions with relevant experience or expertise and capacity (in consortia with State educational agencies or local educational agencies) in order to enable such consortia to— provide for professional development activities that will improve classroom instruction for English learners; assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs and academic content instruction programs or serve English learners. Grants awarded under this section may be used to— support partnerships between State or local educational agencies and institutions of higher education to support the work of individuals who are completing baccalaureate and masters programs (such as programs in the areas of teacher training, program administration, policy, research, evaluation, assessment, and curriculum development) and to improve educational services and programs for English learners, provided that recipients of fellowships or assistance are required, on completion of their studies, to— assist in the education of English learners through work in a school, local educational agency, or other educational agency or organization for a period of time equivalent to the period of time during which the individual receives assistance under this section; or repay all or a prorated part of the financial assistance received under this section; support research on promising instructional strategies or programs that have practical applications for teachers, counselors, parents and family members, school leaders, and others responsible for educating or improving the education of English learners and their families; support strategies that promote school readiness for English learners and the transition from early childhood education programs, such as Head Start or State preschool programs, to elementary school programs; support strategies that promote high school graduation for English learners; support strategies that strengthen and increase family and community member engagement in education; support the development of curricula that are appropriate to the needs of the participating consortium; and support the dissemination of information gathered in accordance with paragraphs

(1)through (5), particularly evidence-based best practices and the provision of technical assistance. The Secretary shall establish an independent commission on the assessment and advancement of English learners (referred to in this section as the commission ) to carry out the activities described in subsection (c). The members of the commission shall be appointed not later than 6 months after the date of enactment of the Strengthening America’s Schools Act of 2013 . The commission shall be comprised of individuals with experience and expertise in the educational advancement and development of English learners, including individuals with expertise in— the practice of teaching English to speakers of other languages; measurement and educational assessment systems; and educational assessment and accountability practices. The Secretary shall ensure that the individuals selected in accordance with paragraph

(1)are experts who are competent, by virtue of their training, expertise, or experience, to evaluate instruction, assessments, and models for English learners. The commission shall provide the Secretary with advice and recommendations about the following issues: The development and approval of standards pertaining to English learners, in order to assist the Secretary in the review and approval of statewide accountability systems that are required under section 3113(b)(5) and section 1111(a)(3). The provision of regulations and guidance pertaining to the inclusion of English learners in assessment and accountability systems, including recommendations about appropriate accommodations and appropriate weights for assessments involving English learners, including the English language proficiency assessments described in section 3113(b)(5). Ensuring that State English language proficiency standards under section 3113(b)(2) and section 1111(a)(1)(D) are properly aligned with college and career ready academic content standards under section 1111(a)(1). The formation of peer review panels, under section 1111(b)(4), with regard to— the inclusion on the panels of experts about English learners; and processes to ensure that the work of the peer review panel is consistent with the standards and guidance developed by the commission. Identifying ways to support local capacity-building efforts to assist local educational agencies and schools in properly supporting English learners. Ensuring that the research, development, and dissemination activities of the Department address identified gaps in knowledge for effectively including English learners in assessment and accountability practices. Ways to address the needs of English learners in all program planning at the Department, including inter- and intra-agency coordination. The development of improved early learning assessment strategies and instruments that take into account the development of English learners across all of the essential domains of school readiness. The commission may independently commission research that is directly relevant to the implementation of accountability provisions under this Act for English learners. The commission shall, beginning not later than 1 year after the date on which all members of the commission have been appointed, submit an annual report to the Secretary and the authorizing committees of Congress containing the recommendations described in subsection (c). The Secretary shall use funds made available under section 3111(c)(1)(C) to provide English language acquisition technology innovation grants for purposes of pursuing breakthrough research and development in educational technology and providing the effective use of that technology to improve English proficiency and academic achievement for English learners, by— identifying and promoting advances in fundamental and applied sciences and engineering that could be translated into new language learning or instruction technologies; developing novel language learning or instruction technologies, and the enabling processes and contexts for effective use of those technologies; developing, testing, and evaluating the impact and efficacy of those technologies; accelerating technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and encouraging educational research on English language acquisition using new technologies and the data produced by those technologies. The Secretary is authorized to— establish processes for the development and execution of English language acquisition technology innovation grant projects and the solicitation of entities to carry out the projects in a manner that is— tailored to the purposes of the English language acquisition technology innovation grants and not constrained by other Department-wide administrative requirements that could detract from achieving program results; designed to heighten transparency; and designed to heighten public- and private-sector involvement to ensure that investments are made in the most promising areas; award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); obtain independent, periodic, rigorous evaluations, as appropriate, of— the effectiveness of the processes being used to award and evaluate the effectiveness of the English language acquisition technology innovation grants in achieving the stated purposes; and the effectiveness of individual projects assisted by English language acquisition technology innovation grants, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by such grants for further investment or increased scale; disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 ), or such other means as the Secretary determines to be appropriate, information on effective practices and technologies developed with the support of English language acquisition technology innovation grants; and collect, analyze, synthesize, and disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 ), or such other means as the Secretary determines to be appropriate, information and educational research and processes related to the education of English learners. The Secretary may use funds made available for English language acquisition technology innovation grants to pay the cost of the evaluations under subsection (b)(3). To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of the English language acquisition technology innovation grants do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. Except as otherwise provided, in this title: 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— 1 or more local educational agencies; or 1 or more local educational agencies, in collaboration with an institution of higher education, community-based organization, or State educational agency. The term immigrant children and youth means individuals who— are aged 3 through 21; were not born in any State; and have not been attending one or more schools in any one or more States or operated by the Department of Defense Education Authority for more than 3 full academic years. The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 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 proficiency, while meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(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 proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language. The terms Native American and Native American language shall have the meanings given such terms in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). The term Native Hawaiian or Native American Pacific Islander native language educational organization means a nonprofit organization with— a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and not less than 5 years successful experience in providing educational services in traditional Native American languages. The term native language , when used with reference to an 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 migrant education. The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The term tribally sanctioned educational authority means— any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and any nonprofit institution or organization that is— chartered by the governing body of an Indian tribe to operate a school described in section 3112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 3112(a). Each eligible entity receiving funds under this title to provide a language instruction educational program and academic content instruction program shall, not later than 30 days after the beginning of the school year, inform a parent or the parents of an English learner identified for participation in, or participating in, such program of— the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program and academic content instruction program; the child’s level of English language proficiency, how that level was assessed, whether the child is on track to achieve English proficiency not later than 5 years after being identified as an English learner, and the status of the child’s academic achievement; the method of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and use of English and a native language in instruction; how the program in which their child is, or will be participating, will appropriately respond to the educational strengths and needs of the child; how the program will specifically help their child learn English and reflect age appropriate academic achievement standards for grade promotion and graduation; the specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for English learners, and the expected rate of graduation from secondary school for English learners in the program if the child is in secondary school; in the case of a child with a disability, how the program meets the objectives of the child’s individualized education program; and information pertaining to parental rights that includes written guidance— detailing— the parent’s right to have the parent’s child immediately removed from the program upon the parent’s request; and the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. In addition to providing the information required to be provided under subsection (a), each eligible entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make progress on the local performance targets described in section 3122 for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a child identified for participation in such program, or participating in such program, of such failure not later than 30 days after the eligible entity receives notification of such failure from the State. The information described in subsection

(a)shall be provided in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. For a child who has not been identified for participation in a language instruction educational program and academic content instruction program prior to the beginning of the school year, the eligible entity shall carry out subsections

(a)and

(b)with respect to the parents of the child not later than 2 weeks after the child is placed in such program. Each eligible entity using funds provided under this title to provide a language instruction educational program and academic content instruction program shall implement an effective means of outreach to parents and family members of English learners to inform such parents and family members of how they can— be full partners in the education of their children, including ensuring that immigrant parents and family members are well informed about the elements of the educational system in the United States; and be active participants in assisting their children— to learn English; to achieve at high levels in core academic subjects; to meet the same college and career ready academic content standards and student academic achievement standards under section 1111(a)(1) as all children are expected to meet to become college and career ready; and to understand expectations for college readiness and career success. The outreach described in paragraph

(1)shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents described in such paragraph. A child shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. The Secretary shall establish and support the operation of a National Clearinghouse for English Learner Support and Educational Programs, which shall collect, analyze, synthesize, and disseminate information about programs that support the academic achievement of 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 Office of Educational Research and Improvement; 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 programs that receive Federal funding that serve English learners; collect and disseminate information on— educational research and processes related to the education of English learners; accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; effective practices for meeting the academic and cultural needs of English learners; and effective practices for engaging the families and caretakers of English learners; and publish, on an annual basis, a list of grant recipients under this title. In developing regulations under this title, 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. .

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Sec. 3001

Language and academic content instruction for English learners and immigrant students

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