[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3228 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3228

To amend the Elementary and Secondary Education Act of 1965 to provide 
                    services to immigrant children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 1993

   Mr. Johnston of Florida (for himself, Mr. Bacchus of Florida, Mr. 
 Gibbons, Mr. Peterson of Florida, Ms. Ros-Lehtinen, Mr. Diaz-Balart, 
Mr. Chapman, Mr. Manton, Mrs. Meek, Mr. Ackerman, Mr. Owens, Mr. Stark, 
 Ms. Velazquez, Mr. Menendez, Mr. Hastings, Mr. Hinchey, Mr. Dellums, 
 Mr. Goss, Ms. Pelosi, Mr. Filner, Mr. Miller of California, Mr. Lewis 
    of Florida, Mr. Payne of New Jersey, Ms. Brown of Florida, Mr. 
  Martinez, and Mr. Miller of Florida) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to provide 
                    services to immigrant children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That Part D of title IV 
of the Elementary and Secondary Education Act of 1965 is amended to 
read as follows:

                     ``PART D--IMMIGRANT EDUCATION

``SEC. 4401. SHORT TITLE.

    ``This part may be cited as the `Emergency Immigrant Education Act 
of 1993'.

``SEC. 4402. POLICY STATEMENT.

    ``Congress recognizes that--
            ``(1) the Government has jurisdiction over immigration and 
        refugee admissions;
            ``(2) immigrants and refugees have special needs which 
        require Government assistance in order to facilitate 
        assimilation;
            ``(3) the Government has acknowledged these needs by 
        mandating that both documented and undocumented immigrants be 
        provided with medical attention, education, and other services;
            ``(4) the Government has not provided adequate 
        reimbursement to States that bear the costs of immigrant 
        populations;
            ``(5) the costs of educating immigrant children have 
        largely been left to States and local school districts;
            ``(6) the educational needs of immigrant children create 
        financial and administrative burdens on school districts;
            ``(7) the Government has an obligation to help immigrant 
        children assimilate; and
            ``(8) the Government has an obligation to help local 
        educational agencies pay for the additional costs of serving 
        immigrant children.

``SEC. 4403. DEFINITIONS.

    ``For purposes of this part--
            ``(1)(A) The term `immigrant children' means children who 
        were not born in any State and have resided in any 1 or more 
        States for less than 5 years and are attending school in any 
        State in the United States.
            ``(B) The term `immigrant' has the same meaning given such 
        term under section 101(15) of the Immigration and Nationality 
        Act.
            ``(2) The term `elementary or secondary nonpublic schools' 
        means schools which comply with the applicable compulsory 
        attendance laws of the State and which are exempt from taxation 
        under section 501(c)(3) of the Internal Revenue Code of 1954.

``SEC. 4404. AUTHORIZATION AND ALLOCATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to make payments to which State educational agencies are 
entitled under this part and local educational agencies under section 
4412 and payments for administration under section 4404 $100,000,000 
for each of the fiscal years 1994, 1995, 1996 and such sums as may be 
necessary for each of the fiscal years 1997, 1998, 1999, and 2000.
    ``(b) Allocation of Appropriations.--(1) If the sums appropriated 
for any fiscal year to make payments to States under this part are not 
sufficient to pay in full the sum of the amounts which State 
educational agencies are entitled to receive under this part for such 
year, the allocations to State educational agencies shall be ratably 
reduced to the extent necessary to bring the aggregate of such 
allocations within the limits of the amounts so appropriated.
    ``(2) In the event that funds become available for making payments 
under this part for any period after allocations have been made under 
paragraph (1) of this subsection for such period, the amounts reduced 
under such paragraph shall be increased on the same basis as they were 
reduced.

``SEC. 4405. STATE FUNDS.

    ``(a) Administrative Costs.--The Secretary is authorized to pay to 
each State educational agency amounts equal to the amounts expended by 
it for the proper and efficient administration of its functions under 
this part, except that the total of such payments for any period shall 
not exceed 2 percent of the amounts which the State educational agency 
is entitled to receive for such period under this part.
    ``(b) State Funds.--A State that receives funds under this part may 
reserve not more than 3 percent of such funds for services to immigrant 
children in local educational agencies that do not meet the 
requirements of section 4407.

``SEC. 4406. WITHHOLDING.

    ``Whenever the Secretary, after reasonable notice and opportunity 
for a hearing to any State educational agency, finds that there is a 
failure to meet the requirements of any provision of this part, the 
Secretary shall notify that agency that further payments will not be 
made to the agency under this part, or in the discretion of the 
Secretary, that the State educational agency shall not make further 
payments under this part to specified local educational agencies whose 
actions cause or are involved in such failure until the Secretary is 
satisfied that there is no longer any such failure to comply. Until the 
Secretary is so satisfied, no further payments shall be made to the 
State educational agency under this part, or payments by the State 
educational agency under this part shall be limited to local 
educational agencies whose actions did not cause or were not involved 
in the failure, as the case may be.

``SEC. 4407. STATE ENTITLEMENTS.

    ``(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational agencies 
for each of the fiscal years 1994 through 2000 for the purpose set 
forth in section 4407.
    ``(b) Entitlements.--(1) Except as provided in paragraph (3) and in 
subsections (c) and (d) of this section, the amount of the grant to 
which a State educational agency is entitled under this part shall be 
equal to the product of (A) the number of immigrant children enrolled 
during such fiscal year in elementary and secondary public schools 
under the jurisdiction of each local educational agency described under 
paragraph (2) within that State, and in any elementary or secondary 
nonpublic school within the district served by each such local 
educational agency, multiplied by (B) $500.
    ``(2) The local educational agencies referred to in paragraph (1) 
are those local educational agencies in which the sum of the number of 
immigrant children who are enrolled in elementary or secondary public 
schools under the jurisdiction of such agencies, and in elementary or 
secondary nonpublic schools within the districts served by such 
agencies, during the fiscal year for which the payments are to be made 
under this part, is equal to--
            ``(A) at least 1,000; or
            ``(B) at least 5 percent of the total number of students 
        enrolled in such public or nonpublic schools during such fiscal 
        year;
whichever number is less.
    ``(c) Determinations of Number of Children.--(1) Determinations by 
the Secretary under this section for any period with respect to the 
number of immigrant children shall be made on the basis of data or 
estimates provided to the Secretary by each State educational agency in 
accordance with criteria established by the Secretary, unless the 
Secretary determines, after notice and opportunity for a hearing to the 
affected State educational agency, that such data or estimates are 
clearly erroneous.
    ``(2) No such determination with respect to the number of immigrant 
children shall operate because of an underestimate or overestimate to 
deprive any State educational agency of its entitlement to any payment 
(or the amount thereof) under this section to which such agency would 
be entitled had such determination been made on the basis of accurate 
data.
    ``(d) Reallocation.--Whenever the Secretary determines that any 
amount of a payment made to a State under this part for a fiscal year 
will not be used by such State for carrying out the purpose for which 
the payment was made, the Secretary shall make such amount available 
for carrying out such purpose to 1 or more other States to the extent 
the Secretary determines that such other States will be able to use 
such additional amount for carrying out such purpose. Any amount made 
available to a State from an appropriation for a fiscal year in 
accordance with the preceding sentence shall, for purposes of this 
part, be regarded as part of such State's payment (as determined under 
subsection (b)) for such year, but shall remain available until the end 
of the succeeding fiscal year.

``SEC. 4408. USES OF FUNDS.

    ``(a) Services and Costs.--Funds provided under this part may be 
used in accordance with approved applications for supplementary 
educational services and costs for immigrant children enrolled in the 
elementary and secondary public and nonpublic schools within the 
boundaries of the local educational agency.
    ``(b) Kinds Of Services and Costs.--Financial assistance shall be 
available to meet the costs of providing immigrant children 
supplementary educational services including--
            ``(1) supplementary educational services necessary to 
        enable immigrant children to achieve a satisfactory level of 
        performance, including--
                    ``(A) English language instruction;
                    ``(B) other bilingual educational services; and
                    ``(C) special materials and supplies;
            ``(2) start-up costs for special services designed to meet 
        the needs of new populations of immigrant children if services 
        such as newcomer centers and gateway facilities are 
        unavailable;
            ``(3) additional basic instructional services which are 
        directly attributable to the presence in the local educational 
        agencies of new populations of immigrant children, including 
        the costs of providing additional classroom supplies, overhead 
        costs, costs of construction, acquisition or rental of space, 
        costs of transportation, or such other costs as are directly 
        attributable to such additional basic instructional services;
            ``(4) essential inservice training for personnel who will 
        be providing instruction, including cultural awareness 
        training;
            ``(5) special personnel to assess academic and achievement 
        levels, register and provide certain social services, and 
        assist the parents of immigrant children to help them 
        understand the requirements of their children's educational 
        programs;
            ``(6) community and parent outreach programs;
            ``(7) family educational services that enable parents to 
        contribute to the education of their children;
            ``(8) collaboration with social and health services;
            ``(9) counseling services; and
            ``(10) preschool intervention programs.

``SEC. 4409. APPLICATIONS.

    ``(a) Submission.--No State educational agency shall be entitled to 
any payment under this part for any period unless that agency submits 
an application to the Secretary at such time, in such manner, and 
containing or accompanied by such information, as the Secretary may 
reasonably require. Each such application shall--
            ``(1) provide that the educational programs, services, and 
        activities for which payments under this part are made will be 
        administered by or under the supervision of the agency;
            ``(2) provide assurances that payments under this part will 
        be used for purposes set forth in section 4407;
            ``(3) provide assurances that such payments will be 
        distributed among local educational agencies within that State 
        on the basis of the number of children counted with respect to 
        such local educational agency under section 4406(b)(1), 
        adjusted to reflect any reductions imposed pursuant to section 
        4406(b)(3) which are attributable to such local educational 
        agency;
            ``(4) provide assurances that the State educational agency 
        will not finally disapprove in whole or in part any application 
        for funds received under this part without first affording the 
        local educational agency submitting an application for such 
        funds reasonable notice and opportunity for a hearing;
            ``(5) provide for making such reports as the Secretary may 
        reasonably require to perform the functions under this part; 
        and
            ``(6) provide assurances--
                    ``(A) that to the extent consistent with the number 
                of immigrant children enrolled in the elementary or 
                secondary nonpublic schools within the district served 
                by a local educational agency, such agency, after 
                consultation with appropriate officials of such 
                schools, shall provide for the benefit of these 
                children secular, neutral, and nonideological services, 
                materials, and equipment necessary for the education of 
                such children;
                    ``(B) that the control of funds provided under this 
                part and title to any materials, equipment, and 
                property repaired, remodeled, or constructed with those 
                funds shall be in a public agency for the uses and 
                purposes provided in this part, and a public agency 
                shall administer such funds and property; and
                    ``(C) that the provision of services pursuant to 
                this paragraph shall be provided by employees of a 
                public agency or through contract by such public agency 
                with a person, association, agency, or corporation who 
                or which, in the provision of such services, is 
                independent of such elementary or secondary nonpublic 
                school and of any religious organization; and such 
                employment or contract shall be under the control and 
                supervision of such public agency, and the funds 
                provided under this paragraph shall not be commingled 
                with State or local funds.
    ``(b) Approval of Application.--The Secretary shall approve an 
application which meets the requirements of subsection (a). The 
Secretary shall not finally disapprove an application of a State 
educational agency except after reasonable notice and opportunity for a 
hearing on the record to such agency.

``SEC. 4410. PAYMENTS.

    ``(a) Amount.--Except as provided in section 4403(b), the Secretary 
shall pay to each State educational agency having an application 
approved under section 4408 the amount which that State is entitled to 
receive under this part.
    ``(b) Services to Children Enrolled in Nonpublic Schools.--If by 
reason of any provision of law a local educational agency is prohibited 
from providing educational services for children enrolled in elementary 
and secondary nonpublic schools, as required by section 4408(a)(6), or 
if the Secretary determines that a local educational agency has 
substantially failed or is unwilling to provide for the participation 
on an equitable basis of children enrolled in such schools, the 
Secretary may waive such requirement and shall arrange for the 
provision of services to such children through arrangements which shall 
be subject to the requirements of this part. Such waivers shall be 
subject to consultation, withholding, notice, and judicial review 
requirements in accordance with the provisions of chapter 1 of title I.

``SEC. 4411. MINIMUM AMOUNTS FOR EQUAL FUNDING.

    ``If appropriations under this part exceed $50,000,000 for a fiscal 
year, such additional amounts shall be divided equally between the 
programs developed under sections 4407 and 4412.

``SEC. 4412. DISTRICTWIDE IMMIGRANT GRANTS.

    ``(a) In General.--A grant may be made under this section upon 
application by a local educational agency if the sum of the number of 
immigrant children who are enrolled in elementary and secondary public 
and nonpublic schools within the boundaries of the local educational 
agency is equal to not less than 5,000 or not less than 10 percent of 
the total number of students enrolled in such public or nonpublic 
schools during the fiscal year for which the payments are to be made 
under this part, whichever is less.
    ``(b) Uses of Funds.--(1) Funds provided under this part may be 
used in accordance with approved applications for supplementary 
educational services and costs for immigrant children enrolled in the 
elementary and secondary public and nonpublic schools within the 
boundaries of the local educational agency.
    ``(2) Financial assistance shall be available to meet the costs of 
providing immigrant children supplementary educational services 
including--
            ``(A) supplementary educational services necessary to 
        enable immigrant children to achieve a satisfactory level of 
        performance, including--
                    ``(i) English language instruction;
                    ``(ii) other bilingual educational services; and
                    ``(iii) special materials and supplies;
            ``(B) start-up costs for special services designed to meet 
        the needs of new populations of immigrant children if services 
        such as, newcomer centers and gateway facilities are 
        unavailable;
            ``(C) additional basic instructional services which are 
        directly attributable to the presence in the (local educational 
        agencies) of new populations of immigrant children, including 
        the costs of providing additional classroom supplies, overhead 
        costs, costs of construction, acquisition or rental of space, 
        costs of transportation, or such other costs as are directly 
        attributable to such additional basic instructional services;
            ``(D) essential inservice training for personnel who will 
        be providing instruction;
            ``(E) special personnel to assess academic and achievement 
        levels, register and provide certain social services, and 
        assist the parents of immigrant children to help them 
        understand the requirements of their children's educational 
        programs;
            ``(F) community and parent outreach programs;
            ``(G) family educational services that enable parents to 
        contribute to the education of their children;
            ``(H) collaboration with social and health services;
            ``(I) counseling services; and
            ``(J) preschool intervention programs.
    ``(c) Content of Application.--Applications for grants shall 
contain information regarding--
            ``(1) the total number of children enrolled in programs 
        conducted by the local educational agency;
            ``(2) the number of children residing in the area served by 
        the local educational agency who are enrolled in nonpublic 
        schools;
            ``(3) the number of children enrolled in public and 
        nonpublic schools in the area served by the local educational 
        agency who are immigrant children as defined by this Act;
            ``(4) the number of immigrant children who are enrolled in 
        instructional programs specifically designed to meet their 
        educational needs, as well as descriptions of such programs;
            ``(5) the number of immigrant children enrolled in public 
        or nonpublic schools in the area served by the local 
        educational agency who need or could benefit from education 
        programs such as programs assisted under this part;
            ``(6) the number of immigrant children who are to receive 
        instruction through the proposed program and the extent of 
        their educational needs;
            ``(7) a statement of the applicant's ability to serve 
        immigrant children, including an assessment of the 
        qualifications of personnel who will participate in the 
        proposed project and of the need for further training of such 
        personnel;
            ``(8) the resources needed to develop and operate, or 
        improve the proposed program;
            ``(9) the school facilities needed to make room for sudden 
        increases in enrollment, with specific descriptions of 
        increases in classroom size and overcrowded conditions;
            ``(10) the activities which would be undertaken under the 
        grant, including training of educational personnel and parents, 
        and how these activities will improve the educational 
        attainment of immigrant students and expand the capacity of the 
        applicant to operate programs such as those assisted under this 
        part when Federal assistance is no longer available;
            ``(11) the total budget of the applicant's local 
        educational agency;
            ``(12) the percentage of the applicant's total budget that 
        is spent on programs for immigrant children; and
            ``(13) the estimated cost of providing educational and 
        educational-related services for the immigrant student 
        population in the area served by the local educational agency, 
        including costs of construction.
    ``(d) Approval of Applications.--An application for a grant under 
this part may be approved if the Secretary determines--
            ``(1) that the program will use qualified personnel;
            ``(2) that Federal funds made available for the project or 
        activity will be used so as to supplement the level of State 
        and local funds that, in the absence of such Federal funds, 
        would have been expended for special programs for immigrant 
        children and in no case supplant such State and local funds;
            ``(3) that the assistance provided under the application 
        will contribute toward building the capacity of the applicant 
        to provide a program on a regular basis, similar to that 
        proposed for assistance, which will be of sufficient size, 
        scope, and quality to promise significant improvement in the 
        education of children of limited English proficiency, and that 
        the applicant will have the resources and commitment to 
        continue the program when assistance under this part is reduced 
        or no longer available; and
            ``(4) that the applicant will provide or secure training 
        for personnel participating, or preparing to participate, in 
        the program which will assist them to meet State and local 
        certification requirements and that, to the extent possible, 
        college or university credit will be awarded for such training.
    ``(e) Special Consideration.--In awarding grants, the Secretary 
shall take into consideration--
            ``(1) the geographic distribution of immigrant children 
        across the Nation and grants must be distributed accordingly, 
        ensuring that there is geographic diversity in grant awards;
            ``(2) the relative numbers of persons from low-income 
        families who would benefit from the applicants' programs; and
            ``(3) the applicants' relative ability to provide needed 
        services and activities.
    ``(f) Term.--Districtwide grants shall be made available for a 5-
year period with the amount of each grant not to exceed $400,000 for 
each fiscal year. Recipients must submit to the Secretary a report each 
year that demonstrates a continuing need for such funds.

``SEC. 4413. REPORTS.

    ``(a) Biennial Report.--Each State educational agency receiving 
funds under this part shall submit, biennially, a report to the 
Secretary concerning the expenditure of funds by local educational 
agencies under this part. Each local educational agency receiving funds 
under this part shall submit to the State educational agency such 
information as may be necessary for such report.
    ``(b) Report to Congress.--The Secretary shall submit biannually a 
report to the appropriate committees of the Congress concerning 
programs under this part.''.

                                 <all>

HR 3228 IH----2