[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1043 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1043

 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 them to become proficient in 
  English, access the academic content knowledge needed to meet State 
      challenging academic content standards, and be prepared for 
                  postsecondary education and careers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

  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 them to become proficient in 
  English, access the academic content knowledge needed to meet State 
      challenging academic content standards, and be prepared for 
                  postsecondary education and careers.

    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''.

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 2014 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 3111(c)(1)(C), by striking ``3303'' each 
        place the term appears and inserting ``3403''; and
            (5) in section 3116(d)(1), by striking ``3302'' and 
        inserting ``3402'';
            (6) by inserting after part B the following:

             ``PART C--ENGLISH LEARNER COMPETITIVE GRANTS.

``SEC. 3301. PURPOSE.

    ``The purposes of this part are--
            ``(1) 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 achieving English language proficiency (as 
        determined through the assessment described in section 
        1111(b)(7)), or both; and
            ``(2) to encourage successful strategies in providing 
        coordinated literacy and parent engagement service models for 
        low-literate limited English proficient parents of English 
        learners.

``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 academic 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;
                    ``(D) increasing the awareness and knowledge of the 
                education system for parents of English learners;
                    ``(E) improving the English language proficiency 
                and literacy skills of parents served by the grant 
                program; and
                    ``(F) increasing the graduation rate, as defined in 
                section 1111(b)(2)(C)(vi) and clarified in section 
                200.19(b)(1) of title 34, Code of Federal Regulations, 
                for English learners.
    ``(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 the academic content 
                standards and student academic achievement standards 
                required under section 1111(b)(1), to assist English 
                learners in--
                            ``(i) improving English language 
                        proficiency, academic achievement, and 
                        achievement in core academic subject 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 subparagraphs (A) through 
                (D) of 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, or propose to use grant funds under this 
        section, to--
                    ``(A) implement evidence-based strategies, as 
                determined by the Secretary, for activities described 
                in subsection (f);
                    ``(B) 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 achieving English language proficiency 
                (as determined through the assessment described in 
                section 1111(b)(7)), or both;
                    ``(C) provide a continuum of literacy, parenting, 
                and parent engagement services for low-literate limited 
                English proficient parents of young English learners; 
                or
                    ``(D) serve populations of rural students and 
                students who are migratory children, as defined in 
                section 1309(2);
            ``(2) form partnerships with entities to carry out 
        activities under the grant; or
            ``(3) 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 the State challenging academic content standards under section 
1111(b)(1) and to be ready for postsecondary education and careers, 
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 for a grant awarded under this section 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;
            ``(5) increasing the graduation rate, as defined in section 
        1111(b)(2)(C)(vi) and clarified in section 200.19(b)(1) of 
        title 34, Code of Federal Regulations, for English learners;
            ``(6) increasing the awareness and knowledge of the 
        education system for parents of English learners; and
            ``(7) improving the English language proficiency and 
        literacy skills of parents of English learners.
    ``(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 challenging student academic 
                achievement standards and academic content standards 
                under section 1111(b)(1) to assist English learners 
                in--
                            ``(i) improving English language 
                        proficiency;
                            ``(ii) improving preparation for 
                        postsecondary education and careers;
                            ``(iii) improving the English language 
                        proficiency and literacy skills of their 
                        parents; and
                            ``(iv) improving the knowledge and ability 
                        of their parents to navigate the education 
                        system.
                    ``(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 and their parents.
                    ``(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 
                their parents; 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 of 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;
                    ``(C) are on track for postsecondary education and 
                a career;
                    ``(D) have parents who demonstrate improved English 
                language or basic literacy skills;
                    ``(E) have parents who increase their knowledge of 
                the education system; and
                    ``(F) have parents who increase their participation 
                in their children's education.
    ``(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 the State academic assessments 
                under section 1111(b);
                    ``(C) the reduction in the percentage of students 
                who are English learners and who are in the lowest 
                level of achievement on such State assessments in 
                English, reading or language arts, and mathematics;
                    ``(D) the percentage of students who are English 
                learners and who are taking advanced coursework;
                    ``(E) the percentage of parents of English learners 
                who advance at least one educational functioning level 
                in English language proficiency, based on the 
                Department's National Reporting System of Adult 
                Education, after a year of participating in a program 
                supported under this part;
                    ``(F) the percentage of parents of English learners 
                who enter postsecondary education or job training after 
                a year of participating in such program;
                    ``(G) improvement, based on pre- and post- surveys, 
                of the knowledge of the parents of English learners 
                regarding the education system; or
                    ``(H) improvement, based on instructor observation, 
                of child and parent interactions and reports of parent 
                engagement;
            ``(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' means an 
        individual who is limited English proficient, as defined in 
        section 9101.''.
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