USC Subpart 1

USC Subpart 1
in effect

20 U.S.C. § 6821 Formula grants to States

(a) In generalIn the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 6823 of this title, 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). (b) Use of funds(1) Subgrants to eligible entitiesThe Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year—(A) to award subgrants, from allocations under section 6824 of this title, to eligible entities to carry out the activities described in section 6825 of this title (other than subsection (e)); and (B) to award subgrants under section 6824(d)(1) of this title to eligible entities that are described in that section to carry out the activities described in section 6825(e) of this title. (2) State activitiesSubject to paragraph (3), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) to carry out one or more of the following activities:(A) 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. (B) Providing effective teacher and principal preparation, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in—(i) meeting State and local certification and licensing requirements for teaching English learners; and (ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners. (C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). (D) 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—(i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners; (ii) helping English learners meet the same challenging State academic standards that all children are expected to meet; (iii) identifying or developing, and implementing, measures of English proficiency; and (iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners. (E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 6825 of this title that have significantly improved the achievement and progress of English learners in meeting—(i) the State-designed long-term goals established under section 6311(c)(4)(A)(ii) of this title, including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title; and (ii) the challenging State academic standards. (3) Direct administrative expensesFrom the amount reserved under paragraph (2), a State educational agency may use not more than 50 percent of such amount or $175,000, whichever is greater, for the planning and direct administrative costs of carrying out paragraphs (1) and (2). (c) Reservations and allotments(1) ReservationsFrom the amount appropriated under section 6801 of this title for each fiscal year, the Secretary shall reserve—(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 6822(a) of this title for activities, approved by the Secretary, consistent with this subpart; (B) 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, approved by the Secretary, consistent with this subpart; and (C) 6.5 percent of such amount for national activities under sections 6861 and 7013 of this title, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 7013 of this title. (2) State allotments(A) In generalExcept as provided in subparagraph (B), from the amount appropriated under section 6801 of this title 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 6823(c) of this title—(i) 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 English learners in all States, as determined in accordance with paragraph (3)(A); and (ii) 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 in accordance with paragraph (3)(B). (B) Minimum allotmentsNo State educational agency shall receive an allotment under this paragraph that is less than $500,000. (C) ReallotmentIf 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—(i) shall endeavor to make the State’s allotment available on a competitive basis to specially qualified agencies within the State to satisfy the requirements of section 6825 of this title (and any additional requirements that the Secretary may impose), consistent with the purposes of such section, and to carry out required and authorized activities under such section; and (ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with subparagraph (A). (D) Special rule for Puerto RicoThe 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. (3) Use of data for determinationsIn making State allotments under paragraph (2) for each fiscal year, the Secretary shall—(A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be—(i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (ii) the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title, which may be multiyear estimates; or (iii) a combination of data available under clauses (i) and (ii); and (B) 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.

20 U.S.C. § 6822 Native American and Alaska Native children in school

(a) Eligible entitiesFor 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:(1) An Indian tribe. (2) A tribally sanctioned educational authority. (3) A Native Hawaiian or Native American Pacific Islander native language educational organization. (4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education, or a consortium of such schools. (5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education, in consortium with another such school or a tribal or community organization. (6) An elementary school or secondary school operated by the Bureau of Indian Education 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 or a tribal or community organization. (b) Submission of applications for assistanceNotwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. (c) Special ruleAn eligible entity described in subsection (a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 6824 of this title.

20 U.S.C. § 6823 State and specially qualified agency plans

(a) Plan requiredEach State educational agency and specially qualified agency desiring a grant under this subpart shall submit a plan to the Secretary at such time and in such manner as the Secretary may require. (b) ContentsEach plan submitted under subsection (a) shall—(1) describe the process that the agency will use in awarding subgrants to eligible entities under section 6824(d)(1) of this title; (2) 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; (3) provide an assurance that—(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 6311(b)(2)(B)(ix) of this title regarding assessment of English learners in English; (B) 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 6311(b)(2)(G) of this title; (C) in awarding subgrants under section 6824 of this title, 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; (D) subgrants to eligible entities under section 6824(d)(1) of this title will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; (E) 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; (F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and (G) 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; (4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this chapter and other Acts, as appropriate; (5) describe how each eligible entity will be given the flexibility to teach English learners—(A) using a high-quality, effective language instruction curriculum for teaching English learners; and (B) in the manner the eligible entity determines to be the most effective; (6) describe how the agency will assist eligible entities in meeting—(A) the State-designed long-term goals established under section 6311(c)(4)(A)(ii) of this title, including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title; and (B) the challenging State academic standards; (7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 6824(d) of this title; and (8) describe—(A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and (B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies. (c) ApprovalThe Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section. (d) Duration of plan(1) In generalEach plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) shall—(A) remain in effect for the duration of the agency’s participation under this subpart; and (B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart. (2) Additional information(A) AmendmentsIf the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary. (B) ApprovalThe Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this subpart. (e) Consolidated planA plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 7842 of this title. (f) Secretary assistanceThe Secretary shall provide technical assistance, if requested by the State, in the development of English proficiency standards and assessments.

20 U.S.C. § 6824 Within-State allocations

(a) In generalAfter making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 6821(c)(2) of this title 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 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State. (b) LimitationA 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. (c) ReallocationWhenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservationA State educational agency receiving a grant under this subpart for a fiscal year—(1) shall reserve not more than 15 percent of the agency’s allotment under section 6821(c)(2) of this title to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year 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 (2) in awarding subgrants under paragraph (1)—(A) shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and (B) shall consider the quality of each local plan under section 6826 of this title and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part.

20 U.S.C. § 6825 Subgrants to eligible entities

(a) Purposes of subgrantsA 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. 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:(1) Developing and implementing new language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth. (3) 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. (4) 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. (b) Direct administrative expensesEach eligible entity receiving funds under section 6824(a) of this title for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Required subgrantee activitiesAn eligible entity receiving funds under section 6824(a) of this title shall use the funds—(1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and demonstrate success in increasing—(A) English language proficiency; and (B) student academic achievement; (2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals and other school leaders, administrators, and other school or community-based organizational personnel, that is—(A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement curricula, assessment practices and measures, and instructional strategies for English learners; (C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and (D) 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 (3) to provide and implement other effective activities and strategies that enhance or supplement language instruction educational programs for English learners, which—(A) shall include parent, family, and community engagement activities; and (B) may include strategies that serve to coordinate and align related programs. (d) Authorized subgrantee activitiesSubject to subsection (c), an eligible entity receiving funds under section 6824(a) of this title may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities:(1) Upgrading program objectives and effective instructional strategies. (2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures. (3) Providing to English learners—(A) tutorials and academic or career and technical education; and (B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators. (4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services. (5) Improving the English language proficiency and academic achievement of English learners. (6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families—(A) to improve the English language skills of English learners; and (B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children. (7) Improving the instruction of English learners, which may include English learners with a disability, by providing for—(A) the acquisition or development of educational technology or instructional materials; (B) access to, and participation in, electronic networks for materials, training, and communication; and (C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart. (8) Offering early college high school or dual or concurrent enrollment programs or courses designed to help English learners achieve success in postsecondary education. (9) Carrying out other activities that are consistent with the purposes of this section. (e) Activities by agencies experiencing substantial increases in immigrant children and youth(1) In generalAn eligible entity receiving funds under section 6824(d)(1) of this title shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include—(A) 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; (B) recruitment of, and support for, personnel, including teachers and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds; (E) basic instructional 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 instructional services; (F) other instructional 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 (G) 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. (2) Duration of subgrantsThe duration of a subgrant made by a State educational agency under section 6824(d)(1) of this title shall be determined by the agency in its discretion. (f) Selection of method of instruction(1) In generalTo 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. (2) ConsistencyThe selection described in paragraph (1) shall be consistent with sections 6845 through 6847 of this title. (g) Supplement, not supplantFederal 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.

20 U.S.C. § 6826 Local plans

(a) Plan requiredEach eligible entity desiring a subgrant from the State educational agency under section 6824 of this title 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. (b) ContentsEach plan submitted under subsection (a) shall—(1) describe the effective programs and activities, including language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the challenging State academic standards; (2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in—(A) achieving English proficiency based on the State’s English language proficiency assessment under section 6311(b)(2)(G) of this title, consistent with the State’s long-term goals, as described in section 6311(c)(4)(A)(ii) of this title; and (B) meeting the challenging State academic standards; (3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners; (4) contain assurances that—(A) each local educational agency that is included in the eligible entity is complying with section 6312(e) of this title prior to, and throughout, each school year as of the date of application; (B) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of English learners, consistent with sections 6846 and 6847 of this title; (C) 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 (D) 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. (c) Teacher English fluencyEach eligible entity receiving a subgrant under section 6824 of this title shall include in its plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills.

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