[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1158

 To promote innovative practices for the education of English learners 
and to help States and local educational agencies with English learner 
  populations build capacity to ensure that English learners receive 
   high-quality instruction that enables English learners to become 
 proficient in English and access the academic content knowledge that 
 English learners need to meet State college and career ready academic 
                           content standards.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2011

  Mr. Bennet introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To promote innovative practices for the education of English learners 
and to help States and local educational agencies with English learner 
  populations build capacity to ensure that English learners receive 
   high-quality instruction that enables English learners to become 
 proficient in English and access the academic content knowledge that 
 English learners need to meet State college and career ready academic 
                           content standards.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``English Learning and Innovation Act 
of 2011''.

SEC. 2. ENGLISH LEARNER COMPETITIVE GRANTS.

    (a) In General.--Title III of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended--
            (1) in section 3001(a)--
                    (A) in paragraph (1), by inserting ``and part C'' 
                after ``part B''; and
                    (B) by adding at the end of the following:
            ``(3) English learner competitive grants.--There are 
        authorized to be appropriated to carry out part C, $100,000,000 
        for fiscal year 2012 and each of the 5 succeeding fiscal 
        years.'';
            (2) by redesignating part C as part D;
            (3) by redesignating sections 3301 through 3304 as sections 
        3401 through 3404, respectively;
            (4) in section 3116(d)(1), by striking ``3302'' and 
        inserting ``3402'';
            (5) in section 3111(c)(1)(C), by striking ``3303'' each 
        place the term appears and inserting ``3403''; and
            (6) by inserting after part B the following:

             ``PART C--ENGLISH LEARNER COMPETITIVE GRANTS.

``SEC. 3301. PURPOSE.

    ``The purpose of this part is to support eligible entities and 
eligible agencies in developing and strengthening innovative systems 
that support high-quality instruction for a diverse group of English 
learners, including English learners who have entered a school in the 
United States after elementary school or English learners who have been 
in schools in the United States for more than 5 years without reaching 
sufficient English proficiency to be reclassified, or both.

``SEC. 3302. INNOVATION GRANTS.

    ``(a) Program Authorized.--From amounts appropriated under section 
3001(a)(3), the Secretary may award grants, on a competitive basis, to 
eligible entities that have demonstrated progress in establishing and 
committing to provide high-quality instruction that results in the 
ability of English learners to achieve English language proficiency and 
to demonstrate content mastery in core or covered subjects to enable 
such eligible entities to carry out the activities described in 
subsection (f).
    ``(b) Duration.--
            ``(1) In general.--Grants awarded under this section shall 
        be for a period of not more than 4 years.
            ``(2) Renewal.--The Secretary may renew a grant under this 
        section for an additional 2-year period, if the eligible entity 
        demonstrates success in--
                    ``(A) improving the English language proficiency of 
                students served by the grant program, as measured by 
                the assessment described in section 1111(b)(7);
                    ``(B) increasing the percentage of English learners 
                who achieve proficiency on the State academic 
                assessment in mathematics, reading or language arts, 
                and science, as described in section 1111(b)(3);
                    ``(C) increasing the percentage of secondary school 
                students who achieve proficiency in core academic 
                subjects; and
                    ``(D) increasing the percentage of English learners 
                who graduate from secondary school on-time, as defined 
                in section 200.19(b)(1) of title 34, Code of Federal 
                Regulations.
    ``(c) Eligible Entity.--The term `eligible entity' means--
            ``(1) a State educational agency;
            ``(2) a local educational agency; or
            ``(3) a public charter school, or a charter school 
        management organization.
    ``(d) Applications.--
            ``(1) In general.--An eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may require.
            ``(2) Contents.--At a minimum, the application described in 
        paragraph (1) shall include the following:
                    ``(A) A description of how the eligible entity will 
                use grant funds to implement English language 
                proficiency standards and college and career ready 
                standards to assist English learners in--
                            ``(i) improving English language 
                        proficiency, academic achievement, and 
                        achievement in core content areas; and
                            ``(ii) improving preparation for 
                        postsecondary education and careers.
                    ``(B) A description of the benchmarks, consistent 
                with section 3304(b)(1), that the eligible entity will 
                establish to demonstrate improvements in outcomes for 
                students who are English learners.
                    ``(C) A description of how the eligible entity has 
                used the metrics described in subsection (b)(2) and the 
                benchmarks described in subparagraph (B) to create a 
                data-driven needs assessment that the eligible entity 
                will use to determine how grant funds will be used.
                    ``(D) A description of how the eligible entity will 
                use Federal funds received under this section only to 
                supplement the funds that would, in the absence of such 
                Federal funds, be made available from non-Federal 
                sources for the education of students participating in 
                programs assisted under this section, and not to 
                supplant such funds.
    ``(e) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities that--
            ``(1) use funds to implement evidence-based strategies, as 
        determined by the Secretary;
            ``(2) use funds to provide educational opportunities for 
        English learners who have entered a school in the United States 
        after elementary school or English learners who have been in 
        schools in the United States for more than 5 years without 
        reaching sufficient English proficiency to be reclassified, or 
        both;
            ``(3) serve populations of rural students and students who 
        are migratory children, as defined in section 1309(2);
            ``(4) form partnerships with entities that have the 
        capacity to take efforts under the grant to scale; or
            ``(5) work with an educational research entity that is, at 
        the time of the application, implementing research-based 
        programs or interventions in schools that serve a significant 
        percentage of English learners.
    ``(f) Use of Funds.--Each eligible entity that receives a grant 
under this section shall use the grant funds to carry out activities 
that lead to English learners becoming proficient in English in order 
to access the academic content knowledge that English learners need to 
meet State college and career ready academic content standards, which 
may include--
            ``(1) improving instructional programs by--
                    ``(A) implementing evidence-based language 
                instruction programs, including--
                            ``(i) technology-based programs; and
                            ``(ii) early childhood education programs, 
                        if applicable;
                    ``(B) consistent with State law, implementing a 
                program that uses instruction in the native language as 
                a basis for English language acquisition, such as--
                            ``(i) a dual-language program; or
                            ``(ii) a bilingual education program; or
                    ``(C) obtaining technical assistance from an expert 
                to develop or implement materials for English learner 
                instruction;
            ``(2) ensuring that English learners are taught by 
        effective teachers and attend schools that are administered by 
        effective principals, by--
                    ``(A) developing or implementing a strategy to 
                recruit effective teachers and principals;
                    ``(B) developing or implementing a strategy to 
                retain effective teachers and principals; or
                    ``(C) developing or implementing a strategy to 
                improve the effectiveness of teachers and principals;
            ``(3) increasing the ability of families of English 
        learners to be engaged in their child's education and 
        development;
            ``(4) expanding best practices to other schools or local 
        educational agencies that are served by the eligible entity; or
            ``(5) carrying out other activities consistent with the 
        purpose of this part.

``SEC. 3303. CAPACITY BUILDING GRANTS.

    ``(a) Capacity Building Grants.--
            ``(1) In general.--From amounts appropriated under section 
        3001(a)(3), the Secretary may award capacity-building grants, 
        on a competitive basis, to eligible agencies that demonstrate a 
        commitment to establishing and maintaining a system of high-
        quality instruction for English learners to enable such 
        eligible agencies to carry out the activities described in 
        subsection (g).
            ``(2) Limitations.--The Secretary shall not award a grant 
        under this section to an eligible agency that has received a 
        grant under section 3302.
    ``(b) Duration.--
            ``(1) In general.--Grants awarded under this section shall 
        be for a period of not more than 4 years.
            ``(2) Renewal.--The Secretary shall not renew a grant under 
        this section.
    ``(c) Eligible Agency.--The term `eligible agency' means a State 
educational agency or local educational agency that has experienced a 
significant increase, as determined by the Secretary, in the number of 
English learners that the State educational agency or local educational 
agency, respectively, serves.
    ``(d) Funding Requirement.--Continued funding after the second year 
of the grant period shall be contingent on the eligible agency's 
progress in--
            ``(1) meeting the benchmarks described in subsection 
        (e)(2)(B);
            ``(2) improving the English language proficiency of 
        students served by the grant program, as measured by the 
        assessment described in section 1111(b)(7);
            ``(3) increasing the percentage of English learners who 
        achieve proficiency on State academic assessments in 
        mathematics, reading or language arts, and science, as 
        described in section 1111(b)(3);
            ``(4) increasing the percentage of secondary school 
        students who achieve proficiency in core academic subjects; and
            ``(5) increasing the percentage of English learners who 
        graduate from secondary school on-time, as defined in section 
        200.19(b)(1) of title 34, Code of Federal Regulations.
    ``(e) Applications.--
            ``(1) In general.--An eligible agency desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may require.
            ``(2) Contents.--At a minimum, the application described in 
        paragraph (1) shall include the following:
                    ``(A) A description of how the eligible entity will 
                use grant funds to implement English language 
                proficiency standards and college and career ready 
                standards to assist English learners in--
                            ``(i) improving English language 
                        proficiency; and
                            ``(ii) improving preparation for 
                        postsecondary education and careers.
                    ``(B) A description of the benchmarks, consistent 
                with section 3304(b), that the eligible agency will 
                establish to demonstrate improvements in outcomes for 
                students who are English learners.
                    ``(C) A description of how the eligible agency will 
                efficiently use funds to build upon previous efforts to 
                educate English learners.
                    ``(D) A description of how the eligible entity will 
                use Federal funds received under this section only to 
                supplement the funds that would, in the absence of such 
                Federal funds, be made available from non-Federal 
                sources for the education of students participating in 
                programs assisted under this section, and not to 
                supplant such funds.
    ``(f) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible agencies that propose to use 
grant funds to implement evidence-based strategies, as determined by 
the Secretary, in order to become competitive in the application 
process for a grant described in section 3302.
    ``(g) Use of Funds.--
            ``(1) Required use of funds.--An eligible agency that 
        receives a grant under this section shall use the grant funds 
        to carry out activities that--
                    ``(A) build the eligible agency's capacity to 
                provide quality instruction to English learners; and
                    ``(B) will allow the eligible agency to become 
                competitive in the application process for a grant 
                described in section 3302.
            ``(2) Permissible use of funds.--An eligible agency that 
        receives a grant under this section may use the grant funds to 
        ensure that English learners are taught by effective teachers 
        and attend schools that are administered by effective 
        principals, by--
                    ``(A) developing or implementing a strategy to 
                recruit effective teachers and principals;
                    ``(B) developing or implementing a strategy to 
                retain effective teachers and principals; or
                    ``(C) developing or implementing a strategy to 
                improve the effectiveness of teachers and principals.

``SEC. 3304. INDICATORS, EVALUATION, TECHNICAL ASSISTANCE, AND 
              RESEARCH.

    ``(a) Indicators.--
            ``(1) In general.--The Secretary, in consultation with the 
        Director of the Institute for Education Sciences, shall 
        establish indicators to measure the success of grant programs 
        under this part.
            ``(2) Primary indicator.--The primary indicator described 
        in paragraph (1) shall be the percentage of students who--
                    ``(A) are English learners;
                    ``(B) become English language proficient; and
                    ``(C) are on track for postsecondary education and 
                a career.
    ``(b) Evaluation and Reports by the Eligible Entity.--Each eligible 
entity and eligible agency receiving a grant under this part shall--
            ``(1) develop quantifiable benchmarks to evaluate the 
        activities that the eligible entity or eligible agency carries 
        out under this part, based on the applicable indicators 
        described in subsection (a), which may include--
                    ``(A) the percentage of students who are English 
                learners who obtain English proficiency;
                    ``(B) the rate of participation of students who are 
                English learners in State assessments;
                    ``(C) reduction in the percentage of students who 
                are English learners who are in the bottom level of 
                achievement on State assessments in reading, English, 
                or language arts, and mathematics; or
                    ``(D) the percentage of students who are English 
                learners and who are taking advanced coursework;
            ``(2) submit the benchmarks described in paragraph (1) to 
        the Secretary for approval; and
            ``(3) prepare and submit an annual report to the Secretary 
        on the progress that the eligible entity or eligible agency is 
        making toward meeting such benchmarks.
    ``(c) Technical Assistance.--The Secretary shall reserve not more 
than 1 percent from amounts appropriated in section 3001(a)(3) to 
directly, or through grant or contract, provide technical assistance to 
eligible entities and eligible agencies to prepare the entities and 
agencies to qualify, apply for, and maintain grants under this part.
    ``(d) Research and Evaluation.--The Secretary shall reserve not 
more than 0.5 percent from amounts appropriated in section 3001(a)(3) 
to evaluate grants or provide technical assistance for activities 
funded under this part.

``SEC. 3305. DEFINITIONS.

    ``In this part:
            ``(1) Dual language program.--The term `dual language 
        program' means an instructional strategy for English learners--
                    ``(A) in which students are taught literacy and 
                content in English and another language and use the 
                other language for at least half of the instructional 
                day; and
                    ``(B) that fosters bilingualism, biliteracy, 
                enhanced awareness of linguistic and cultural 
                diversity, and high levels of academic achievement 
                through instruction in 2 languages.
            ``(2) English learner.--The term `English learner' has the 
        meaning given the term `limited English proficient' in section 
        9101.''.
                                 <all>