Sec. 3003. English language acquisition, language enhancement, and academic achievement
3,998 words·~18 min read·
/bill/114/s/1177/pcs/section-3003A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part A of title III ( 20 U.S.C. 6811 et seq. ) is amended— in section 3102, by striking paragraphs
(1)through
(9)and inserting the following: 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 academic subjects so that children who are English learners can meet the same challenging State academic standards that all children are expected to meet, consistent with section 1111(b)(1); to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instruction programs designed to prepare English learners, including immigrant children and youth, to enter all English instruction settings; to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners; and to provide incentives to grantees to implement policies and practices that will lead to significant improvements in the instruction and achievement of English learners. ; in section 3111— in subsection (b)— in paragraph (2), by striking subparagraphs
(A)through
(D)and inserting the following: Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide 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. Providing effective teacher and principal preparation, professional development activities, and other evidence-based activities related to the education of English learners, which may include assisting teachers, principals, and other educators in— meeting State and local certification and licensing requirements for teaching English learners; and improving teaching skills in meeting the diverse needs of English learners, including how to implement effective 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 subpart, including assistance in— identifying and implementing effective language instruction educational programs and curricula for teaching English learners, including those in early childhood settings; 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 in programs that serve English learners. Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting— annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and the challenging State academic standards described in section 1111(b)(1). ; and in paragraph (3)— in the heading, by inserting before Direct ; and Administrative by inserting direct before administrative costs ; and in subsection (c)— in paragraph (1)— in the matter preceding subparagraph (A), by striking section 3001(a) and inserting section 3001 ; in subparagraph (B), by inserting and after the semicolon; in subparagraph (C)— by striking 3303 both places it appears and inserting 3202 ; by striking not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and ; and by striking ; and and inserting a period; and by striking subparagraph (D); by striking paragraphs
(2)and (4); by redesignating paragraph
(3)as paragraph (2); in paragraph (2)(A), as redesignated by clause (iii)— in the matter preceding clause (i), by striking section 3001(a) and inserting section 3001 ; and in clause (i), by striking limited English proficient and all that follows through States; and inserting English learners in the State bears to the number of English learners in all States, as determined by the Secretary under paragraph (3); ; and by adding at the end the following: In making State allotments under paragraph (2)(A) 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 available 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)(G), which may be multiyear estimates; or a combination of data available under clauses
(i)and (ii); and determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates. ; in section 3113— in subsection (a), by inserting reasonably before require ; in subsection (b)— in paragraph (1), by striking making and inserting awarding ; and by striking paragraphs
(2)through
(6)and inserting the following: describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State; provide an assurance that— the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) to annually assess in English all English learners who have been in the United States for 3 or more years; the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G); in awarding subgrants under section 3114, 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 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards described in section 1111(b)(1); the agency will monitor each eligible entity receiving a subgrant under this subpart 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 subpart, parents of English learners, and other relevant stakeholders; describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; describe how each eligible entity will be given the flexibility to teach English learners— using a high quality, effective language instruction curriculum for teaching English learners; and in the manner the eligible entities determine to be the most effective; describe how the agency will assist eligible entities in meeting— annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and the challenging State academic standards described in section 1111(b)(1); describe how the agency will assist eligible entities in decreasing the number of English learners who have not yet acquired English proficiency within 5 years of their initial classification as an English learner; describe how the agency will ensure that the unique needs of the State’s population of English learners and immigrant children and youth are being addressed; and describe how the agency will monitor and evaluate the progress of each eligible entity receiving funds under this part toward meeting the timelines and goals for English proficiency required under section 1111(c)(1)(K) and the steps the State will take to further assist eligible entities if such strategies funded under this part are not effective in making such progress and meeting academic goals established under section 1111(b)(3)(B)(i) for English learners, such as providing technical assistance and modifying such strategies. ; in subsection (d)(2)(B), by striking part and inserting subpart ; and in subsection (f), by striking , objectives, ; in section 3114— in subsection (a)— by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and by striking limited English proficient children both places the term appears and inserting English learners ; and in subsection (d)(1)— by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and by striking preceding the fiscal year ; by striking section 3115 and inserting the following: 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 improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards described in section 1111(b)(1). In carrying out activities with such funds, the eligible entity shall use effective 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 early childhood education programs, elementary school programs, and secondary school programs. Carrying out highly focused, innovative, locally designed 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, agency-wide 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 entity receiving funds under section 3114(a) shall use the funds— to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and are based on high-quality research demonstrating success in increasing— English language proficiency; and student academic achievement; to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, other school leaders, administrators, and other school or community-based organizational personnel, that is— designed to improve the instruction and assessment of English learners; designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement appropriate curricula, assessment practices, and instruction strategies for English learners; effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and of sufficient intensity and duration (which shall not include activities such as 1-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 effective parent, family, and community engagement activities in order to enhance or supplement language instruction educational programs for English Learners. Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve 1 of the purposes described in subsection
(a)by undertaking 1 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 and technical education; and intensified instruction. Developing and implementing effective preschool, 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 and family outreach and training activities to English learners and their families— to improve the English language skills of English learners; and to assist parents and families 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, including English learners with a disability, 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 subpart. Carrying out other activities that are consistent with the purposes of this section. 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, which may include— family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children; recruitment of, and support for personnel, including early childhood educators, teachers, 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 and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds; basic instruction services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, 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 and families 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 its discretion. To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards described in section 1111(b)(1). Such selection shall be consistent with sections 3124 through 3126. 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. ; in section 3116— in subsection (b), by striking paragraphs
(1)through
(6)and inserting the following: describe the high-quality programs and activities proposed to be developed, implemented, and administered under the subgrant and how these activities will help English learners increase their English language proficiency and meet the challenging State academic standards described in section 1111(b)(1); describe how the eligible entity will ensure elementary schools and secondary schools receiving funds under this subpart assist English learners in meeting— annual timelines and goals for progress established under 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and the challenging State academic standards described in section 1111(b)(1); describe how the eligible entity will promote parent, family, and community engagement in the education of English learners; describe how language instruction educational programs carried out under the subgrant will ensure that English learners being served by the programs develop English proficiency and demonstrate such proficiency through academic content mastery; contain assurances that— each local educational agency that is included in the eligible entity is complying with section 1112(d)(2) prior to, and throughout, each school year as of the date of application, and will continue to comply with such section throughout each school year for which the grant is received; the eligible entity complies with any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126; the eligible entity has based its proposed plan on high-quality research on teaching English learners; the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and the eligible entity will, if applicable, coordinate activities and share relevant data 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. ; in subsection (c), by striking limited English proficient children and inserting English learners ; and by striking subsection (d); by striking section 3121 and inserting the following: 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 a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart 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; the number and percentage of English learners in the programs and activities who meet the annual State-determined goals for progress established under section 1111(c)(1)(K), including disaggregated, at a minimum, by— long-term English learners; and English learners with a disability; the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(F) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G); the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency; the number and percentage of English learners meeting challenging State academic standards described in section 1111(b)(1) for each of the 2 years after such children are no longer receiving services under this part, including disaggregated, at a minimum, by— long-term English learners; and English learners with a disability; the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner; and any 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 for improvement or programs and activities under this part. Each specially qualified agency receiving a grant under this part shall provide the reports described in subsection
(a)to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection. ; in section 3122, as redesignated by section 3001(2)— in subsection (a)— by striking evaluations and inserting reports ; and by striking children who are limited English proficient and inserting English learners ; and in subsection (b)— in paragraph (1)— by striking limited English proficient children and inserting English learners ; and by striking children who are limited English proficient and inserting English learners ; in paragraph (4), by striking section 3111(b)(2)(C) and inserting section 3111(b)(2)(D) ; in paragraph (6), by striking major findings of scientifically based research carried out under this part and inserting findings of the evaluation related to English learners carried out under section 9601 ; in paragraph (8)— by striking of limited English proficient children and inserting of English learners ; and by striking into classrooms where instruction is not tailored for limited English proficient children ; and in paragraph (9), by striking title and inserting part ; in section 3123, as redesignated by section 3001(2)— by striking children of limited English proficiency and inserting English learners ; and by striking limited English proficient children and inserting English learners ; in section 3124, as redesignated by section 3001(2)— in paragraph (1), by striking limited English proficient children and inserting English learners ; and in paragraph (2), by striking limited English proficient children and inserting English learners ; in section 3128, as redesignated by section 3001(2), by striking limited English proficient children and inserting English learners ; by striking section 3131 and inserting the following: The Secretary shall use funds made available under section 3111(c)(1)(C) 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 entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development, capacity building, or evidence-based 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 section may be used— for preservice or inservice effective professional development programs that will assist local schools and may assist institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness; 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, family, and community member engagement in the education of English learners; to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs; in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs to elementary school programs. ; and by striking section 3141 and inserting the following: In this part— the term eligible entity means— one or more local educational agencies; or one or more local educational agencies, in collaboration with an institution of higher education, educational service agency, community-based organization, or a State educational agency; the term English Learner with a disability means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act; and the term long-term English learner means an English learner who has attended schools in the United States for not less than 5 years and who has not yet been exited from English learner status by the culmination of the fifth year of services. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3003
English language acquisition, language enhancement, and academic achievement
Cites 1Cited by 0 across 0 sources