[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3680 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3680

    To amend the Elementary and Secondary Education Act of 1965 to 
 establish a program to help children and youth learn English, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1998

  Mr. Riggs introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
    To amend the Elementary and Secondary Education Act of 1965 to 
 establish a program to help children and youth learn English, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENGLISH LANGUAGE EDUCATION.

    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:

                  ``PART A--ENGLISH LANGUAGE EDUCATION

``SEC. 7101. SHORT TITLE.

    ``This part may be cited as the ``English Language Fluency Act''.

``SEC. 7102. FINDINGS AND PURPOSE.

    ``(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.

``SEC. 7103. PARENTAL NOTIFICATION AND CONSENT TO PARTICIPATE.

    ``(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.

          ``Subpart 1--Grants for English Language Acquisition

                    ``CHAPTER 1--GENERAL PROVISIONS

``SEC. 7111. FUNDING.

    ``(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).

``SEC. 7112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

    ``(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.

          ``CHAPTER 2--GRANTS FOR ENGLISH LANGUAGE ACQUISITION

``SEC. 7121. FORMULA GRANTS TO STATES.

    ``(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).

``SEC. 7122. APPLICATIONS BY STATES.

    ``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.

``SEC. 7123. SUBGRANTS TO ELIGIBLE ENTITIES.

    ``(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.

``SEC. 7124. DETERMINATION OF AMOUNT OF ALLOTMENT.

    ``(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).

``SEC. 7125. CONSTRUCTION.

    ``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.

                ``Subpart 2--Research and Dissemination

``SEC. 7141. AUTHORITY.

    ``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.''.

SEC. 2. REPEAL OF EMERGENCY IMMIGRANT EDUCATION PROGRAM.

    Part C of title VII of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7541 et seq.) is repealed.

SEC. 3. ADMINISTRATION.

    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:

                        ``PART C--ADMINISTRATION

``SEC. 7301. COORDINATION AND REPORTING REQUIREMENTS.

    ``(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.

``SEC. 7302. COMMINGLING OF FUNDS.

    ``(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.''.

SEC. 4. GENERAL PROVISIONS.

    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:

                      ``PART D--GENERAL PROVISIONS

``SEC. 7401. DEFINITIONS.

    ``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).

``SEC. 7402. LIMITATION ON FEDERAL REGULATIONS.

    ``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.

``SEC. 7403. LEGAL AUTHORITY UNDER STATE LAW.

    ``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.''.

SEC. 5. CONFORMING AMENDMENTS.

    (a) Title Heading.--The title heading of title VII of the 
Elementary and Secondary Education Act of 1965 is amended to read as 
follows:

``TITLE VII--ENGLISH LANGUAGE FLUENCY AND FOREIGN LANGUAGE ACQUISITION 
                              PROGRAMS''.

    (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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