HR 3680 IH
105th CONGRESS
2d Session
H. R. 3680
IN THE HOUSE OF REPRESENTATIVES
Mr. RIGGS introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.) is amended to read as follows:
`This part may be cited as the `English Language Fluency Act'.
`(a) FINDINGS- The Congress finds as follows:
`(1) English is the common language of the United States and it is imperative that every citizen and other person residing in the United States have a command of the English language in order to develop to their full potential.
`(2) States and local school districts need assistance in developing the capacity to provide programs of instruction that offer and provide an equal educational opportunity to immigrant children and youth and children and youth who need special assistance because English is not their dominant language.
`(b) PURPOSE- The purposes of this part are--
`(1) to help ensure that children and youth who are English language learners master English and develop high levels of academic attainment in English; and
`(2) to assist eligible local educational agencies that experience unexpectedly large increases in their student population due to immigration to help immigrant children and youth with their transition into society, including mastery of the English language.
`(a) IN GENERAL- A parent or the parents of a child participating in an English language instruction program assisted under this part shall be informed of--
`(1) the reasons for the identification of the child as being in need of English language instruction;
`(2) the child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement; and
`(3) how the English language instruction program will specifically help the child acquire English and meet age-appropriate standards for grade-promotion and graduation.
`(b) PARENTAL CONSENT-
`(1) IN GENERAL- A parent or the parents of a child identified for participation in an English language instruction program using their native language in instruction and assisted under this part--
`(A) shall sign a form consenting to their child's placement in such a program prior to such time as their child is enrolled in the program; and
`(B) shall have their child removed from such program upon their request.
`(2) EFFECT OF LAU DECISION- A local educational agency shall not be relieved of any of its obligations under the holding in the Supreme Court case of Lau v. Nichols (414 U.S. 563) because any parent chooses not to enroll their child in an English language instruction program using their native language in instruction.
`(c) RECEIPT OF INFORMATION- A parent or the parents of a child identified for participation in an English language instruction program assisted under this part shall receive, in a manner and form understandable to the parent or parents, the information required by this section. At a minimum, the parent or parents shall receive--
`(1) timely information about programs funded under this part; and
`(2) if a parent of a participating child so desires, notice of opportunities for regular meetings for the purpose of formulating and responding to recommendations from such parents.
`(d) SPECIAL RULE- An individual may not be admitted to, or excluded from, any federally assisted education program solely on the basis of a surname, language-minority status, or national origin.
`(a) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for fiscal year 1999 and each of the 4 succeeding fiscal years.
`(b) RESERVATION FOR ENTITIES SERVING NATIVE AMERICANS AND ALASKA NATIVES- From the sums appropriated under subsection (a) for any fiscal year, the Secretary shall reserve not less than .5 percent to provide Federal financial assistance under this subpart to entities that are considered to be a local educational agency under section 7112(a).
`(a) ELIGIBLE ENTITIES- For the purpose of carrying out programs under this subpart for individuals served by elementary, secondary, and postsecondary schools operated predominately for Native American or Alaska Native children and youth, the following shall be considered to be a local educational agency:
`(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 or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium of such schools.
`(5) An elementary or secondary school operated under a contract or grant with the Bureau of Indian Affairs, in consortium with another such school or a tribal or community organization.
`(6) An elementary or secondary school operated by the Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary or secondary school operated under a contract or grant with the Bureau of Indian Affairs or a tribal or community organization.
`(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE- Notwithstanding any other provision of this subpart, an entity that is considered to be a local educational agency under subsection (a), and that desires to submit an application for Federal financial assistance under this subpart, shall submit the application to the Secretary. In all other respects, such an entity shall be eligible for a grant under this subpart on the same basis as any other local educational agency.
`(a) IN GENERAL- In the case of each State that in accordance with section 7122 submits to the Secretary an application for a fiscal year, the Secretary shall make a grant for the year to the State for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State under section 7124.
`(b) PURPOSES OF GRANTS-
`(1) REQUIRED EXPENDITURES- The Secretary may make a grant under subsection (a) only if the State involved agrees that the State will expend at least 90 percent of the amount of the funds provided under the grant for the purpose of making subgrants to eligible entities to provide assistance to children and youth who are English language learners and immigrant children and youth in accordance with section 7123.
`(2) AUTHORIZED EXPENDITURES- Subject to paragraph (3), a State that receives a grant under subsection (a) may expend not more than 10 percent of the amount of the funds provided under the grant for one or more of the following purposes:
`(A) Professional development and activities that assist personnel in meeting State and local certification requirements for English language instruction.
`(B) Planning, administration, and interagency coordination related to the subgrants referred to in paragraph (1).
`(C) Providing technical assistance and other forms of assistance to local educational agencies that--
`(i) educate children and youth who are English language learners and immigrant children and youth; and
`(ii) are not receiving a subgrant from a State under this chapter.
`(3) LIMITATION ON ADMINISTRATIVE COSTS- In carrying out paragraph (2), a State that receives a grant under subsection (a) may expend not more than 2 percent of the amount of the funds provided under the grant for the purposes described in paragraph (2)(B).
`For purposes of section 7121, an application submitted by a State for a grant under such section for a fiscal year is in accordance with this section if the application--
`(1) describes the process that the State will use in making subgrants to eligible entities under this chapter;
`(2) contains an agreement that the State annually will submit to the Secretary a summary report, describing the State's use of the funds provided under the grant;
`(3) contains an agreement that the State will give special consideration to applications for a subgrant under section 7123 from eligible entities that describe a program that--
`(A)(i) enrolls a large percentage or large number of children and youth who are English language learners and immigrant children and youth; and
`(ii) addresses a need brought about through a significant increase, as compared to the previous 2 years, in the percentage or number of children and youth who are English language learners in a school or school district, including schools and school districts in areas with low concentrations of such children and youth; or
`(B) on the day preceding the date of the enactment of this section, was receiving funding under a grant--
`(i) awarded by the Secretary under subpart 1 or 3 of part A of the Bilingual Education Act (as such Act was in effect on such day); and
`(ii) that was not due to expire before a period of one year or more had elapsed;
`(4) contains an agreement that, in carrying out this chapter, the State will address the needs of school systems of all sizes and geographic areas, including rural and urban schools;
`(5) contains an agreement that the State will coordinate its programs and activities under this chapter with its other programs and activities under this Act and other Acts, as appropriate; and
`(6) contains an agreement that the State will monitor the progress of students enrolled in programs and activities receiving assistance under this chapter in attaining English proficiency and withdraw funding from such programs and activities in cases where--
`(A) students enrolling when they are in kindergarten are not mastering the English language by the end of the first grade; and
`(B) other students are not mastering the English language after 2 academic years of enrollment.
`(a) PURPOSES OF SUBGRANTS- A State may make a subgrant to an eligible entity of funds received by the State under this chapter only if the entity agrees to expend the funds for one of the following purposes:
`(1) Developing and implementing new English language instructional programs for children and youth who are English language learners, including programs of early childhood education and kindergarten through 12th grade education.
`(2) Carrying out locally designed projects to expand or enhance existing English language instruction programs for children and youth who are English language learners.
`(3) Assisting a local educational agency in providing enhanced instructional opportunities for immigrant children and youth.
`(b) AUTHORIZED SUBGRANTEE ACTIVITIES- A State may make a subgrant to an eligible entity from funds received by the State under this chapter in order that the eligible entity may achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities to improve the understanding, and use, of the English language, based on a child's learning skills:
`(1) Developing and implementing comprehensive preschool or elementary or secondary school English language instructional programs that are coordinated with other relevant programs and services.
`(2) Providing training to classroom teachers, administrators, and other school or community-based organizational personnel to improve the instruction and assessment of children and youth who are English language learners, immigrant children and youth, or both.
`(3) Improving the program for children and youth who are English language learners, immigrant children and youth, or both.
`(4) Providing for the acquisition or development of education technology or instructional materials, access to and participation in electronic networks for materials, providing training and communications, and incorporation of such resources in curricula and programs, such as those funded under this subpart.
`(5) Such other activities, related to the purpose of the subgrant, as the State may approve.
`(c) DURATION OF SUBGRANTS- The duration of a subgrant made by a State under this section shall be determined by the State in its discretion.
`(d) APPLICATIONS BY ELIGIBLE ENTITIES-
`(1) IN GENERAL- To receive a subgrant from a State under this chapter, an eligible entity shall submit an application to the State at such time, in such form, and containing such information as the State may require.
`(2) REQUIRED DOCUMENTATION- The application shall describe the programs and activities proposed to be developed, implemented, and administered under the subgrant and shall provide an assurance that the applicant will only employ teachers and other personnel for the proposed programs and activities who are proficient in English, including written and oral communication skills.
`(3) APPROVAL- A State may approve an application submitted by an eligible entity for a subgrant under this chapter only if the State determines that--
`(A) the eligible entity will use qualified personnel;
`(B) in designing the programs and activities proposed in the application, the needs of children enrolled in any private elementary and secondary schools have been taken into account through consultation with appropriate private school officials;
`(C) the eligible entity has provided for the participation of children enrolled in any private elementary and secondary schools in the programs and activities proposed in the application on a basis comparable to that provided for children enrolled in public school; and
`(D) the eligible entity has based its proposal on sound research and theory.
`(e) EVALUATION-
`(1) IN GENERAL- Each eligible entity that receives a subgrant from a State under this chapter shall provide the State, at the conclusion of every second fiscal year during which the grant is received, with an evaluation, in a form prescribed by the State, of--
`(A) the programs and activities conducted by the entity with funds received under this chapter during the two immediately preceding fiscal years; and
`(B) the progress made by students in learning the English language.
`(2) USE OF EVALUATION- An evaluation provided by an eligible entity under paragraph (1) shall be used by the entity and the State--
`(A) for improvement of programs and activities;
`(B) to determine the effectiveness of programs and activities in assisting children and youth who are English language learners to master the English language; and
`(C) in determining whether or not to continue funding for specific programs or projects.
`(3) EVALUATION COMPONENTS- An evaluation provided by an eligible entity under paragraph (1) shall include--
`(A) an evaluation of whether students enrolling in a program or activity conducted by
the entity with funds received under this chapter--
`(i) are mastering the English language--
`(I) by the end of the first grade, in the case of students enrolling when they are in kindergarten; or
`(II) by the end of their second academic year of enrollment, in the case of other students; and
`(ii) are successfully completing classes in other core academic subjects in English; and
`(B) such other information as the State may require.
`(a) IN GENERAL- Except as provided in subsections (b) and (c), from the sum available for the purpose of making grants to States under this chapter for any fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to such sum as the total number of children and youth who are English language learners and immigrant children and youth and who reside in the State bears to the total number of such children and youth residing in all States (excluding the Commonwealth of Puerto Rico and the outlying areas) that, in accordance with section 7122, submit to the Secretary an application for the year.
`(b) PUERTO RICO- From the sum available for the purpose of making grants to States under this chapter for any fiscal year, the Secretary shall allot to the Commonwealth of Puerto Rico an amount equal to 1.5 percent of the sums appropriated under section 7111(a).
`(c) OUTLYING AREAS-
`(1) TOTAL AVAILABLE FOR ALLOTMENT- From the sum available for the purpose of making grants to States under this chapter for any fiscal year, the Secretary shall allot to the outlying areas, in accordance with paragraph (2), a total amount equal to .5 percent of the sums appropriated under section 7111(a).
`(2) DETERMINATION OF INDIVIDUAL AREA AMOUNTS- From the total amount determined under paragraph (1), the Secretary shall allot to each outlying area an amount which bears the same ratio to such amount as the total number of children and youth who are English language learners and immigrant children and youth and who reside in the outlying area bears to the total number of such children and youth residing in all outlying areas that, in accordance with section 7122, submit to the Secretary an application for the year.
`(d) POPULATION COUNTING- The Secretary shall determine when and how children and youth will be counted for purposes of subsections (a) and (c).
`Nothing in this chapter shall be construed as requiring a State or a local educational agency to establish or continue a program of native language instruction.
`The Secretary may conduct, through the Office of Educational Research and Improvement, research for the purpose of improving English language instruction for children and youth who are English language learners and immigrant children and youth. Activities under this section shall be limited to research to identify successful models for teaching children English and distribution of research results to States for dissemination to schools with populations of students who are English language learners. Research conducted under this section may not focus on any one method of instruction.'.
Part C of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7541 et seq.) is repealed.
Part D of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7571 et seq.) is redesignated as part C of such title and amended to read as follows:
`(a) COORDINATION AMONG STATES- In order to maximize State and Federal efforts to serve the educational needs of children and youth who are English language learners and immigrant children and youth, each State that receives a grant under this title shall coordinate its programs and activities under this title, to the maximum extent practicable, with programs and activities of other such States.
`(b) REPORTS-
`(1) STATES- Based upon the evaluations provided to a State under section 7123(e), each State receiving a grant under this title annually shall report to the Secretary of Education on programs and activities undertaken by the State under this title and the effectiveness of such programs and activities in improving the education provided to children and youth who are English language learners and immigrant children and youth.
`(2) SECRETARY- Every other year, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on programs and activities undertaken by States under this title, including the coordination activities carried out under subsection (a), and the effectiveness of such programs and activities in improving the education provided to children and youth who are English language learners and immigrant children and youth.
`(a) ESEA FUNDS- A person who receives Federal funds under subpart 1 of part A may commingle such funds with other funds the person receives under this Act so long as the person satisfies the requirements of this Act.
`(b) STATE AND LOCAL FUNDS- Except as provided in section 14503, a person who receives Federal funds
under subpart 1 of part A may commingle such funds with funds the person receives under State or local law for the purpose of teaching English to children and youth who are English language learners and immigrant children and youth, to the extent permitted under such State or local law, so long as the person satisfies the requirements of this title and such law.'.
Part E of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7601 et seq.) is redesignated as part D of such title and amended to read as follows:
`For purposes of this title:
`(1) CHILDREN AND YOUTH- The term `children and youth' means individuals aged 3 through 21.
`(2) COMMUNITY-BASED ORGANIZATION- The term `community-based organization' means a private nonprofit organization of demonstrated effectiveness or Indian tribe or tribally sanctioned educational authority which is representative of a community or significant segments of a community and which 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.
`(3) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) one or more local educational agencies;
`(B) one or more local educational agencies in collaboration with--
`(i) an institution of higher education;
`(ii) a community-based organization;
`(iii) a local educational agency; or
`(iv) a State; or
`(C) a community-based organization or an institution of higher education which has an application approved by a local educational agency to enhance an early childhood education program or a family education program.
`(4) ENGLISH LANGUAGE LEARNER- The term `English language learner', when used with reference to an individual, means an individual--
`(A) who--
`(i) was not born in the United States; or
`(ii) comes from an environment where a language other than English is dominant and whose native language is a language other than English; and
`(B) who has sufficient difficulty speaking, reading, writing, or understanding the English language that the difficulty may deny the individual the opportunity--
`(i) to learn successfully in a classroom where the language of instruction is English; or
`(ii) to participate fully in society.
`(5) IMMIGRANT CHILDREN AND YOUTH- The term `immigrant children and youth' means individuals who--
`(A) are aged 3 through 21;
`(B) were not born in any State; and
`(C) have not attended school in any State for more than three full academic years.
`(6) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
`(7) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE- The terms `Native American' and `Native American language' have the meaning given
such terms in section 103 of the Native American Languages Act (25 U.S.C. 2902).
`(8) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION- The term `Native Hawaiian or Native American Pacific Islander native language educational organization' means a nonprofit organization--
(A) a majority of whose governing board, and a majority of whose employees, are fluent speakers of the traditional Native American languages used in the organization's educational programs; and
(B) that has not less than five years of successful experience in providing educational services in traditional Native American languages.
`(9) NATIVE LANGUAGE- The term `native language', when used with reference to an individual who is an English language learner, means the language normally used by such individual.
`(10) OUTLYING AREA- The term `outlying area' means any of the following:
`(A) The Virgin Islands of the United States.
`(B) Guam.
`(C) American Samoa.
`(D) The Commonwealth of the Northern Mariana Islands.
`(11) STATE- The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any outlying area.
`(12) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY- The term `tribally sanctioned educational authority' means--
`(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and
`(B) any nonprofit institution or organization that is--
`(i) chartered by the governing body of an Indian tribe to operate a school described in section 7112(a) or otherwise to oversee the delivery of educational services to members of the tribe; and
`(ii) 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 7112(a).
`The Secretary shall issue regulations under this title only to the extent that such regulations are necessary to ensure compliance with the specific requirements of this title.
`Nothing under this title shall be construed to negate or supersede 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 agency, entity, or official.'.
(a) TITLE HEADING- The title heading of title VII of the Elementary and Secondary Education Act of 1965 is amended to read as follows:
(b) OTHER REFERENCES- The Elementary and Secondary Education Act of 1965 is amended--
(1) in section 2209(b)(1)(C)(iii) (20 U.S.C. 6649(b)(1)(C)(iii)), by striking `Bilingual Education Programs under part A of title VII.' and inserting `English language education programs under part A of title VII.'; and
(2) in section 14307(b)(1)(E) (20 U.S.C. 8857(b)(1)(E)), by striking `Subpart 1 of part A of title VII (bilingual education).' and inserting `Chapter 2 of subpart 1 of part A of title VII (English language education).'.
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