[House Report 105-587]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-587
_______________________________________________________________________


 
    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

                                _______
                                

 June 19, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. Goodling, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

                    SUPPLEMENTAL AND MINORITY VIEWS

                        [To accompany H.R. 3892]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 3892) 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 PURPOSES.

  ``(a) Findings.--The Congress finds as follows:
          ``(1) English is the common language of the United States and 
        every citizen and other person residing in the United States 
        should 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) Purposes.--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 for English language 
learners assisted under this Act 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 who is 
        an English language learner and is identified for participation 
        in an English language instruction program assisted under this 
        Act--
                  ``(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;
                  ``(B) shall select among methods of instruction, if 
                more than one method is offered in the program; and
                  ``(C) shall have their child removed from the 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 (1974), 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 
for English language learners assisted under this Act 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 English language instruction 
        programs for English language learners assisted under this Act; 
        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 with or grant from 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 with or grant from 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.
                  ``(D) Providing bonuses to subgrantees whose 
                performance has been exceptional in terms of the speed 
                with which children and youth enrolled in the 
                subgrantee's programs and activities attain English 
                language proficiency.
          ``(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 in all 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 from 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.--
          ``(1) In general.--Subject to paragraph (2), 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:
                  ``(A) Developing and implementing comprehensive 
                preschool or elementary or secondary school English 
                language instructional programs that are coordinated 
                with other relevant programs and services.
                  ``(B) 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.
                  ``(C) Improving the program for children and youth 
                who are English language learners, immigrant children 
                and youth, or both.
                  ``(D) 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.
                  ``(E) Such other activities, related to the purpose 
                of the subgrant, as the State may approve.
          ``(2) Moving children out of specialized classrooms.--Any 
        program or activity undertaken by an eligible entity using a 
        subgrant from a State under this chapter shall be designed to 
        assist students enrolled in the program or activity to move 
        into a classroom where instruction is not tailored for English 
        language learners or immigrant children and youth--
                  ``(A) by the end of the first grade, in the case of 
                students enrolling when they are in kindergarten; or
                  ``(B) by the end of their second academic year of 
                enrollment, in the case of other students.
          ``(3) Maximum enrollment period.--An eligible entity may not 
        use funds received from a State under this chapter to provide 
        instruction or assistance to any individual who has been 
        enrolled for a period exceeding 3 years in a program or 
        activity undertaken by the eligible entity under this section.
  ``(c) Selection of Method of Instruction.--To receive a subgrant from 
a State under this chapter, an eligible entity shall select one or more 
methods or forms of English language instruction to be used in the 
programs and activities undertaken by the entity to assist English 
language learners and immigrant children and youth to achieve English 
fluency. Such selection shall be consistent with the State's law, 
including State constitutional law.
  ``(d) Duration of Subgrants.--The duration of a subgrant made by a 
State under this section shall be determined by the State in its 
discretion.
  ``(e) 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) Requirements for 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 who have appropriate training and 
                professional credentials in teaching English to 
                children and youth who are English language learners 
                and immigrant children and youth;
                  ``(B) in designing the programs and activities 
                proposed in the application, the needs of children 
                enrolled in 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 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;
                  ``(D) the eligible entity has based its proposal on 
                sound research and theory; and
                  ``(E) the eligible entity has described in the 
                application how students enrolled in the programs and 
                activities proposed in the application will be taught 
                English--
                          ``(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.
          ``(4) Quality.--In determining which applications to select 
        for approval, a State shall consider the quality of each 
        application.
  ``(f) 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) have achieved a working knowledge of 
                        the English language that is sufficient to 
                        permit them to perform, in English, regular 
                        classroom work; 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) Use of State Data for Determinations.--For purposes of 
subsections (a) and (c), any determination of the number of children 
and youth who are English language learners and reside in a State shall 
be made using the most recent English language learner school 
enrollment data available to, and reported to the Secretary by, the 
State. For purposes of such subsections, any determination of the 
number of immigrant children and youth who reside in a State shall made 
using the most recent data available to, and reported to the Secretary 
by, the State.
  ``(e) No Reduction Permitted Based on Teaching Method.--The Secretary 
may not reduce a State's allotment based on the State's selection of 
the immersion method of instruction as its preferred method of teaching 
the English language to children and youth who are English language 
learners or immigrant children and youth.

``SEC. 7125. CONSTRUCTION.

  ``Nothing in this chapter shall be construed as requiring a State or 
a local educational agency to establish, continue, or eliminate 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 solely 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. REPORTING REQUIREMENTS.

  ``(a) States.--Based upon the evaluations provided to a State under 
section 7123(f), each State receiving a grant under this title annually 
shall report to the Secretary 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.
  ``(b) 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 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) aged 3 through 21;
                  ``(B) who--
                          ``(i) was not born in the United States; or
                          ``(ii) comes from an environment where a 
                        language other than English is dominant and who 
                        normally uses a language other than English; 
                        and
                  ``(C) 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; native american language.--The terms 
        `Native American' and `Native American language' have the 
        meanings 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 in 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. 7404. RELEASE FROM COMPLIANCE AGREEMENTS.

  ``Notwithstanding section 7403, any compliance agreement entered into 
between a State, locality, or local educational agency and the 
Department of Health, Education, and Welfare or the Department of 
Education, that requires such State, locality, or local educational 
agency to develop, implement, provide, or maintain any form of 
bilingual education, is void.

``SEC. 7405. RULEMAKING ON OFFICE OF CIVIL RIGHTS GUIDELINES AND 
                    COMPLIANCE STANDARDS.

  ``(a) In General.--In accordance with subchapter II of chapter 5 of 
part I of title 5, United States Code, the Secretary--
          ``(1) shall publish in the Federal Register a notice of 
        proposed rulemaking with respect to the enforcement guidelines 
        and compliance standards of the Office of Civil Rights of the 
        Department of Education that apply to a program or activity to 
        provide English language instruction to English language 
        learners that is undertaken by a State, locality, or local 
        educational agency;
          ``(2) shall undertake a rulemaking pursuant to such notice; 
        and
          ``(3) shall promulgate a final rule pursuant to such 
        rulemaking on the record after opportunity for an agency 
        hearing.
  ``(b) Effect of Rulemaking on Compliance Agreements.--The Secretary 
may not enter into any compliance agreement after the date of the 
enactment of this section pursuant to a guideline or standard described 
in subsection (a)(1) with an entity described in such subsection until 
the Secretary has promulgated the final rule described in subsection 
(a)(3).

``SEC. 7406. REQUIREMENT FOR STATE STANDARDIZED TESTING IN ENGLISH.

  ``(a) Requirement.--In the case of a State receiving a grant under 
this title that administers a State standardized test to elementary or 
secondary school children in the State, the State shall not exempt a 
child from the requirement that the test be administered in English, on 
the ground that the child is an English language learner, if the 
child--
          ``(1) has resided, throughout the 3-year period ending on the 
        date the test is administered, in a geographic area that is 
        under the jurisdiction of only one local educational agency; 
        and
          ``(2) has received educational services from such local 
        educational agency throughout such 3-year period (excluding any 
        period in which such services are not provided in the ordinary 
        course).
  ``(b) In General.--Notwithstanding any other provision of this title, 
if a State fails to fulfill the requirement of subsection (a), the 
Secretary shall withhold, in accordance with section 455 of the General 
Education Provisions Act, all funds otherwise made available to the 
State under this title, until the State remedies such failure.''.

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) Elementary and Secondary Education Act.--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).''.
  (c) Department of Education Organization Act.--
          (1) In general.--The Department of Education Organization Act 
        is amended by striking ``Office of Bilingual Education and 
        Minority Languages Affairs'' each place such term appears in 
        the text and inserting ``Office of English Language 
        Acquisition''.
          (2) Clerical amendments.--
                  (A) Section 209.--The section heading for section 209 
                of the Department of Education Organization Act is 
                amended to read as follows:
              ``office of english language acquisition''.
                  (B) Section 216.--The section heading for section 216 
                of the Department of Education Organization Act is 
                amended to read as follows:

``SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION.''.

                  (C) Table of contents.--
                          (i) Section 209.--The table of contents of 
                        the Department of Education Organization Act is 
                        amended by amending the item relating to 
                        section 209 to read as follows:

``Sec. 209. Office of English Language Acquisition.''.

                          (ii) Section 216.--The table of contents of 
                        the Department of Education Organization Act is 
                        amended by amending the item relating to 
                        section 216 to read as follows:

``Sec. 216. Office of English Language Acquisition.''.

SEC. 6. EFFECTIVE DATE.

  The amendments made by this Act shall take effect on the date of the 
enactment of this Act, or October 1, 1998, whichever occurs later.

                            Committee Action

    The Subcommittee on Early Childhood, Youth and Families 
held two hearings on reforming Bilingual Education on February 
18, 1998, and April 30, 1998.
    The February 18, 1998, hearing was held in the City 
Administration Building in San Diego, California. The 
Subcommittee received testimony from Mr. George Louie, Parent, 
Oakland, California; Dr. Eugene Garcia, Dean, Graduate School 
of Education, University of California at Berkeley, Berkeley, 
California; Ms. Cathy Liska, Teacher, Orange County, La Habra, 
California; and Ms. Celia Ruiz, Esq., Ruiz and Sperow, LLP, San 
Diego, California.
    The April 30, 1998, hearing was held in Washington, D.C. 
The Subcommittee heard testimony from The Honorable Robert 
Livingston (R-LA); The Honorable Xavier Becerra (D-CA); Mr. 
Eric Stone, Director of Research, U.S. English, Washington, 
D.C.; Ms. Linda Chavez, Director, Center for Equal Opportunity, 
Washington, D.C.; Mr. Jim Boulet, English First, Springfield, 
Virginia; Dr. Mark Lopez, School of Public Affairs, University 
of Maryland, College Park, Maryland; Mr. David Standridge, 
Standridge Law Firm, Albuquerque, New Mexico; Ms. Amada Aranda, 
Parent, Albuquerque, New Mexico; Mr. James Littlejohn, Jim 
Littlejohn Consulting, The Sea Ranch, California; Ms. Rosa 
Montero, Parent and Member, Denver Public School Board, Denver, 
Colorado; and Mr. Anthony Trujillo, Superintendent, Ysleta IAD, 
El Paso, Texas.

Introduction of the English Language Fluency Act

    On May 19, 1998, The Honorable Frank Riggs (R-CA), Chairman 
of the Subcommittee on Early Childhood, Youth and Families, 
introduced H.R. 3892, the English Language Fluency Act.

Legislative action

    On May 21, 1998, the Subcommittee on Early Childhood, Youth 
and Families favorably reported the bill to the full Committee 
on Education and the Workforce by a vote of 10-5.
    On June 4, 1998, the Committee on Education and the 
Workforce assembled to consider H.R. 3892, the English Language 
Fluency Act. H.R. 3892, as amended, was favorably reported by 
the Committee on Education and the Workforce by a vote of 22-
17.

                                Purpose

    The purpose of this legislation is to help ensure that 
children and youth who are English language learners master 
English and develop high levels of academic attainment in 
English. The purpose of this legislation is also to assist 
eligible local educational agencies that experience 
unexpectedly large increases in their student population due to 
immigration to help immigrant children and youth transition 
into society, including mastery of the English language.

                                Summary

    H.R. 3892 creates a formula grant program to the States to 
fund local programs to assist English language learners attain 
fluency in the English language. The bill requires parents to 
give their consent prior to placing their children in programs 
that assist them in learning English. It voids all current 
compliance agreements related to bilingual education between 
the Office of Civil Rights and States, localities, or local 
educational agencies receiving assistance for such programs 
under the Elementary and Secondary Education Act. It prevents 
the Secretary from entering into any future compliance 
agreements until the enforcement guidelines and compliance 
standards of the Office of Civil Rights have been published in 
the Federal Register and become final regulations.

                            Committee Views

                  Background and Need for Legislation

    The Bilingual Education Act, Title VII of the Elementary 
and Secondary Education Act (ESEA) was passed by Congress in 
1968 and amended in 1970, 1974, 1978, and 1984. While the basic 
structure and purpose of the Bilingual Education Act has 
remained intact, the program has been amended several times. 
The primary effect of these amendments has been to expand the 
coverage of the program by broadening the definition of the 
target population.
    As enacted in 1968, the program established a Federal 
policy of assisting local school districts to develop and 
implement new programs to meet the unique educational needs of 
children with limited English-speaking ability. Such children 
are defined as those ``who come from environments where the 
dominant language is other than English.'' (This definition was 
amended several times. The current definition is very broad and 
includes ``any individual who has sufficient difficulty 
speaking, reading, writing or understanding the English 
language and whose difficulties may deny such individual the 
opportunity to learn successfully in classrooms where the 
language of instruction is English or to participate fully in 
our society.'')
    Under the original legislation, grants could be used to 
support the design, development and operation of instructional 
programs to meet the unique educational needs of children with 
limited English-speaking ability. Grants could also be used to 
support pre-service and in-service training for school 
personnel who work in bilingual programs. The enacting 
legislation provided a three-year authorization to support 
bilingual education programs, programs designed to teach 
history and culture associated with the child's native 
language, and programs to establish home-school cooperation, 
early childhood, adult, dropout and vocational education.
    In 1974, the program authorized transitional bilingual 
education (programs which use a child's native language in 
instruction until such time as they are proficient in the 
English language) as the basic instructional approach supported 
under the Bilingual Education Act. The decision to focus on 
programs of transitional bilingual education was made soon 
after the Supreme Court issued their decision in Lau v. 
Nichols, 414 U.S. 563 (1974) on January 21, 1974. While the Lau 
decision required school systems enrolling national origin 
students who were deficient in English language skills to 
``take affirmative steps'' to open their instructional programs 
to those students, it did not specify which instructional 
programs schools should use. That decision was left up to State 
and local authorities. Nevertheless, the law itself was 
modified to focus on transitional bilingual education, which 
was contradictory to the Supreme Court decision in the Lau 
case.
    The provision focusing on transitional bilingual education 
programs was amended in 1984 to permit limited funding of 
instructional approaches other than transitional bilingual 
education. However, the Act required that 75 percent of funds 
appropriated for local school district programs be used to 
support transitional bilingual education programs.
    During the 103rd Congress, the Bilingual Education Act was 
revised significantly. The range of project grants that funded 
specific local instructional programs for limited English 
proficient (LEP) students was replaced with four new types of 
competitive grants intended to support local educational 
agencies at different stages in their efforts. The new grant 
types are:
          (1) program development and implementation grants, to 
        be used for new projects;
          (2) program enhancement grants, to be used to enhance 
        or expand existing projects;
          (3) comprehensive school grants, to be used for 
        comprehensive reform at a school site with a heavy 
        concentration of English language learners;
          (4) system-wide improvement grants, to be used for 
        programmatic reform within a school district with a 
        high enrollment of English language learners.
    If a biennial evaluation shows that the students served 
under comprehensive school or system-wide improvement grants 
are not making adequate progress toward State content and 
student performance standards, the Department of Education is 
required to terminate such grants. The same is true should the 
Department find a program is not, as designed and intended, 
promoting dual language capability.
    The required 75/25 funding split between transitional 
bilingual education programs and alternatives was retained. 
However, if a school can demonstrate it isunable to hire 
teachers to teach transitional bilingual education, it is permitted to 
apply for funding under the 75 percent set aside for transitional 
bilingual education and operate alternative programs such as English as 
a Second Language. The same is true for schools that have student 
populations speaking multiple languages, which prevents the 
implementation of transitional bilingual education programs.
    The Secretary is required to give priority to applications 
which provide for the development of bilingual proficiency both 
in English and another language for all participating students. 
In addition, the Secretary is required to give priority to 
applications that describe programs that enroll a large 
percentage or number of LEP students, take into account 
significant increases in LEP children and youth (including 
areas with low concentrations of such children and youth), and 
ensure that activities address the needs of school systems of 
all sizes and geographic areas, including rural and urban 
schools.
    Today there are an estimated 3.1 million English language 
learners in the United States, with only 9 percent served under 
federal Bilingual Education Act programs. The majority of these 
children are located in five States--California, Texas, New 
York, Florida, and Illinois. English language learners are 
present in almost half of the nation's school districts (46 
percent). Most English language learners are served in local, 
State, and other federal programs that address, at least in 
part, their special educational needs. The most recent estimate 
is that States spend at least $690 million on English language 
learners for bilingual education and English as a Second 
Language training. The Elementary and Secondary Education Act 
(ESEA) Title 1 program for educationally disadvantaged students 
is reported to reach 1.5 million English language learners.
    The recurring question is how the Federal government can 
best help local schools and school districts provide the best 
possible education for these children to ensure they obtain the 
English language skills they need to succeed. At the present 
time, under the existing competitive grant program, the U.S. 
Department of Education decides which schools are in greatest 
need of assistance and provides funding to local schools and 
other eligible organizations based on the quality of their 
applications for assistance. However, since funding for special 
alternative projects is limited to 25 percent of available 
funds, the opportunities for funding are severely limited for 
school districts and other entities which are not seeking funds 
for transitional bilingual education programs. The structure of 
the current Bilingual Education Act not only limits 
alternatives available to local schools, it ignores the fact 
that States and local schools and communities have a better 
sense of the needs of local schools with respect to the 
education of English language learners. States can more closely 
monitor increases in populations of English language learners 
in its school districts and can respond more quickly to 
requests for assistance.
    In addition, the U.S. Commission on Civil Rights, in its 
November, 1997 report entitled, ``Equal Educational Opportunity 
and Nondiscrimination for Students with Limited English 
Proficiency: Federal Enforcement of Title VI and Lau v. 
Nichols'' stated:

          One aspect of Federal legislation over the past three 
        decades has had adverse effects on schools' development 
        and implementation of education programs with a primary 
        goal of placing students in regular education programs 
        to the greatest extent possible. This has been the 
        emphasis on provisions that restrict the options 
        schools may pursue in developing and implementing 
        education programs. The Bilingual Education Act has 
        placed restrictions on the types of programs that could 
        be funded under the Act, and these restrictions have, 
        in turn, limited school districts' options.

The report went on to say:

          In some cases, the emphasis on bilingual education 
        resulted in limited English proficient students being 
        unnecessarily segregated from their English-proficient 
        peers, even after they were able to participate 
        meaningfully in the regular classroom.

    It is the view of the Committee that the existing Bilingual 
Education Act is in need of reform. Of growing concern is the 
fact that nationally a large number of Hispanic students do not 
complete high school. In 1988, 54.4 percent of Hispanic 
students graduated from high school. In 1996, 55.2 percent of 
Hispanic students graduated. Considering that almost three-
fourths of English language learners speak Spanish, the 
Committee has great concern that graduation rates for this 
population of students have not increased considerably between 
1988 and 1996. The ``Federal'' approach has been tried for many 
years, and still dropout rates are far too high for this 
population of students. The Committee believes English language 
learners should have the same opportunities for success as 
other students and that they should be held to the same high 
academic standards. To date, there is little evidence that the 
Bilingual Education Act has assisted students to meet this 
goal. It is time to let States and local communities determine 
how to best educate these students.
    Witnesses at the two hearings held by the Subcommittee on 
Early Childhood, Youth and Families also expressed the need for 
reform of the current Bilingual Education Act. Witnesses, 
including parents, expressed particular concerns about current 
law practices related to the focus on transitional bilingual 
education and a lack of parental involvement in deciding 
whether or not their children should participate in programs 
structured for English language learners. Celia M. Ruiz, a 
partner in a law firm representing schools in California on a 
wide range of civil rights and education law issues, stated in 
her testimony:

          The school districts I represent today believe that 
        local autonomy is key to meeting the needs of limited 
        English proficient children. We believe that there is 
        more than one way to do that, and that no single 
        approach can serve the needs of all children in our 
        State. Moreover, we trust our local officials to 
        exercise wisely the flexibility and discretion we give 
        them to develop and implement unique and appropriate 
        solutions to the unique needs our communities face. It 
        is for that reason that we reject the efforts of some, 
        in our State and Federal Departments of Education, to 
        externally mandate their preferred ``solutions'' to 
        diverse and inherently local problems.

    The Committee took note that State of California voters, by 
a margin of 61 percent to 39 percent, approved in a referendum 
an end to bilingual education programs. They chose to focus 
programs for English language learners on teaching children 
English. This is a clear indication that States have a strong 
interest in the education of English language learners and that 
the Federal government should not dictate to the States on how 
to best serve the needs of these students.
    By turning decisions on bilingual education over to States 
and local schools and strengthening parental consent 
provisions, the Committee believes that decisions will be made 
by those individuals closest to the children who are in a 
position to best understand their educational needs.

               Block Grant vs. Competitive Grant Program

    The Committee believes a block grant to the States will 
address many of the concerns about current law practices. It 
will provide States maximum flexibility in deciding where the 
greatest needs exist for this type of assistance. At the same 
time, it will focus funds on teaching children and youth 
English as quickly as possible to allow them to mainstream into 
regular classrooms rather than remain isolated from their 
English-speaking peers.
    The block grant contained in this legislation is focused on 
supporting local programs in the development, implementation, 
expansion or enhancement of English language instruction 
programs. It also allows local educational agencies to use 
funds to enhance instructional opportunities for immigrant 
children and youth.
    The Emergency Immigrant Education Act was developed to 
provide funds to the States to assist in the education of 
immigrant students who have been in the United States for less 
than three years. Information on recent program expenditures 
indicates more than half of the funds have been used on English 
language instruction or other bilingual education services. 
Given this, and the fact that there is likely to be a 
substantial amount of overlap among students served under this 
program and the Bilingual Education Act, the Committee has 
combined these two programs in the English Language Fluency 
Act. The Committee continues to support programs to help meet 
the educational needs of immigrant children and youth and 
encourages States to continue providing special services to 
them. This is one of the primary uses of funds under this Act.
    The Committee also does not wish to restrict the types of 
instructional programs carried out by local schools. In fact, 
this bill makes it very clear that such decisions are to be 
made at the local level, as long as they are consistent with 
State law. Critics of this proposal have stated that it will 
eliminate bilingual education altogether. Nothing is further 
from the truth. H.R. 3892 contains language providing that 
nothing in this Act is to be construed as requiring a State or 
a local educational agency to establish, continue or eliminate 
a program of native language instruction.
    This legislation provides much greater flexibility than 
current law with respect to the types of instruction provided 
to English language learners. There are no restrictions on the 
types of instructional programs that can be funded. In fact, a 
local school could decide to operate transitional bilingual 
programs for children who are unable to read and write in their 
native language, and English as a Second Language or structured 
immersion programs for children who are able to succeed with a 
moderate level of assistance.
    Research on the effectiveness of different methods of 
instruction has produced a variety of results. It has not 
clearly demonstrated that any one method of instruction is 
superior in teaching children English. As such, the Committee 
believes the Federal government should not endorse one practice 
over another, as is the case with respect to the current 
Bilingual Education Act. In addition, the Committee does not 
believe the focus of this legislation should be on the 
retention of a child's native language. The focus should be on 
the attainment of the English language skills such children 
need for academic success. While there is agreement that 
fluency in more than one language is a benefit, this clearly is 
not a function of the Federal government. States and local 
schools and communities have the responsibility for making 
decisions regarding foreign language programs in local schools 
or programs to assist children retain their native language. In 
addition, the role of parents in retaining native language 
fluency for their children is critical.
    Mr. James M. Littlejohn, who was an employee of the Office 
of Civil Rights for 27 years, testified before the Subcommittee 
on Early Childhood, Youth and Families on April 30, 1998. 
According to Mr. Littlejohn:

          I have reviewed this legislation and believe that the 
        bill provides very clear, straightforward procedures 
        for assisting students to achieve mastery of the 
        English language. If this bill, or a similar one is 
        adopted, it would go a long way toward resolving the 
        problems with the current process. I particularly 
        support having States apply for block grants, and 
        letting the States decide the funding for individual 
        school systems. State education officials have a much 
        better grasp of where funds should go than the 
        Department of Education staff.

    The current Emergency Immigrant Education Program is a 
formula grant program under which States determine which local 
school districts are in need of assistance and fund projects in 
such schools. There is no reason to believe States will not be 
able to make similar determinations if the Bilingual Education 
Act becomes a block grant program. It is simply a matter of 
whether or not we want to continue to allow the Federal 
bureaucracy to make important decisions regarding the education 
of English language learners or to turn these decisions over to 
States and local schools and communities. This legislation 
supports making such decisions at the local level.

                            Parental Consent

    Parents testifying before the Subcommittee expressed 
concerns that their children were being placed and retained in 
bilingual education courses without their permission or 
knowledge. Parents have also complained that schools have been 
unwilling to remove their children from such classes upon their 
request.
    According to the United States Commission on Civil Rights 
report entitled, ``Equal Educational Opportunity and 
Nondiscrimination for Students with Limited English 
Proficiency: Federal Enforcement of Title VI and Lau v. 
Nichols,'' cited above:

          School districts across the country are experiencing 
        serious tensions between school officials and parents 
        over placement. Many parents of students with limited 
        English proficiency are expressing dissatisfaction with 
        the education their children are receiving. For 
        example, in New York City, Maria Perez, a parent who is 
        fighting her child's placement in the city's bilingual 
        education program recently stated: ``What bothered me 
        was that they place children in bilingual programs and 
        keep them there for years and years. They aren't 
        learning English.'' The problems that prevent academic 
        success can and should be addressed by parents working 
        together with school personnel to determine where 
        problems exist and how they can be solved.

    The parental consent provisions in this bill make it very 
clear that parents should play a major role in determining the 
placement of their children in English language instruction 
programs. Schools should not be making decisions regarding the 
placement of English language learners unless they have reached 
an agreement on such placement with the children's parents. 
Parents want their children to learn English as quickly as 
possible because they know it is the language of success. They 
should be able to prevent their children from being placed in 
classrooms which they do not believe will help them learn 
English and succeed in school. Parents should also have the 
ability to remove their children from such classrooms if they 
believe it is not in their children's best interest. The 
Committee agrees with the report of the Civil Rights Commission 
stating that parents and schools should be working together to 
make the best possible decisions regarding the education of 
English language learners.
    Mr. George Louie, testifying before the Subcommittee, spoke 
of his experiences with his son. Mr. Louie's son, Travell, was 
born and raised in the United States. Yet, he told the 
Subcommittee that his son was placed in a Chinese bilingual 
classroom in Oakland, California without his consent or 
knowledge. He told of over 75 calls he made to school 
officials. He also met with the administrative assistant to the 
Superintendent and the General Counsel in an attempt to have 
his son removed from this program. According to Mr. Louie: 
``Their initial response was, `We will transfer your kid to 
another school district'.'' This was not a satisfactory 
resolution to the problem for Mr. Louie, who was living on 
disability and could not afford to take his child on public 
transportation to another school. At the time the hearing was 
held on February 18, 1998, Travell was still in a Cantonese 
bilingual class.
    Mrs. Amada Aranda, a parent living in Albuquerque, New 
Mexico, also testified before the Subcommittee regarding her 
experiences with bilingual education. Mrs. Aranda told the 
Subcommittee that she came to the United States illegally and 
could not go to school. She learned English while working in a 
hotel with individuals who spoke English. She told the 
Subcommittee that her children, who were born in the United 
States, had been in bilingual education classes since 
kindergarten. According to Mrs. Aranda, they did not ask her 
permission to place her children in bilingual education 
classes, they just took them out of ESL classes and placed them 
into bilingual education classes. She stated that when she and 
her husband asked, ``Why?'' they were given a lot of excuses. 
Mrs. Aranda stated that her 12 and 16-year-old daughters, who 
had been enrolled in bilingual education since kindergarten, 
were now in special education classes, not because they had a 
learning disability, but because they were limited English 
proficient. Finally, Mrs. Aranda stated that in Albuquerque, 
the students are the ones asking for ESL classes. She said that 
they are not forcing children to go to ESL classes; rather, the 
students are the ones who want ESL classes instead of 
bilingual.
    Accounts such as these pointed out to the Committee the 
need for greater parental involvement in decisions regarding 
the education of children who are English language learners.
    H.R. 3892 adopts current law provisions that require that 
the parent or parents of children participating in programs 
under this Act are to be informed of: 1) the reasons for 
identification of their child as being in need of English 
language instruction, 2) their child's level of English 
proficiency and how it was assessed, and 3) the status of their 
child's academic achievement and how the program will assist 
their child to learn English and meet age-appropriate standards 
for grade-promotion and graduation.
    In addition, the legislation requires that parents of a 
child who is an English language learner and is identified for 
participation in an English language instruction program funded 
under the Elementary and Secondary Education Act must sign a 
permission form before their child can be placed in such a 
program. It further requires that schools honor a parental 
request to have their child removed from a bilingual education 
program should the parents decide they no longer wish their 
child to participate in such a program. Finally, H.R. 3892 
provides that schools must allow theparents of English language 
learners to select the method of English language instruction their 
child will receive if more than one method is offered.
    It is the view of the Committee that parents have the 
primary responsibility for their children's education. These 
new changes insure that the parents of English language 
learners have the same rights as other parents.

                  Testing of English Language Learners

    H.R. 3892 provides that States receiving funds under this 
program may not exempt children who are English language 
learners from State standardized tests, even if the test is 
administered only in English. This provision only applies if 
the child has resided and received educational services in that 
local educational agency for 3 years. The Committee is 
concerned that States and local educational agencies will not 
have a true picture of the educational abilities of these 
children if they are not tested along with other children in 
the State.
    Testing these children will provide States with a clear 
picture of the performance of English language learners and 
where they may need to improve assistance programs for these 
children. The whole point of education programs for English 
language learners, by whatever method, is to assimilate English 
language learners into the mainstream of society and the 
regular education population. We are not promoting this concept 
if we effectively segregate English language learners from 
other children taking standardized tests.
    Other provisions in this legislation would eliminate 
Federal support for English language learners after they have 
been participating in programs for three years. Providing that 
such children participate in State standardized tests after 
they have been participating in such programs for three years 
is consistent with the view of the Committee that most or all 
children should be able to mainstream into regular classrooms 
after three years of assistance.

                   Eligibility of Individual Children

    The Committee is very concerned that children are spending 
too many years in classes which isolate them from their English 
language peers and which do not bring them to English language 
fluency as quickly as possible.
    The bill establishes a goal of two years, within which time 
children are expected to master the English language. States 
seeking assistance under this Act must agree that they will 
monitor the progress of students enrolled in programs and 
activities under this Act and withdraw funding from programs 
and activities where students are not mastering English within 
a two-year period. In addition, any program or activity 
undertaken by an eligible entity seeking assistance under this 
Act must be designed to assist students to move into a 
classroom where instruction is not tailored for English 
language learners. Potential grantees must describe how they 
will accomplish this goal in their application to the State. 
Finally, in evaluating the success of local programs, eligible 
entities must include information on whether or not students 
participating in a program or activity carried out with funds 
under this Act are mastering the English language within two 
academic years and have achieved a working knowledge of the 
English language sufficient to permit them to perform, in 
English, regular classroom work.
    The Committee recognizes that all children may not be able 
to achieve English language fluency within two years. As such, 
this legislation would permit an English language learner to 
participate in a program or activity funded under this Act for 
a period of three years. Further, there is nothing in this 
legislation which prevents States or local schools and 
communities from providing additional assistance to these 
children when they are no longer eligible for Federal support. 
It is, however, the belief of the Committee that most or all 
children should be able to mainstream into regular classrooms 
within three years, regardless of the method of instruction 
used to teach them English. Two States, New York and 
Washington, already generally place a three-year limit on the 
participation of English language learners in bilingual 
education programs.
    In 1988, Congress added an enrollment cap to the Bilingual 
Education Act that limited the length of time an English 
language learner could enroll in a Bilingual Education Act 
project to three years. The Senate Committee Report 
accompanying the 1988 amendments stated, The Members feel that 
a fundamental goal of this federal program is proficiency in 
English. This cap was dropped in 1994. However, the Committee 
concurs with the Senate Committee Report in its belief that a 
fundamental goal of this program is proficiency in English. 
Without a cap on attendance, there is no pressure on schools to 
move children to English language proficiency as quickly as 
possible.
    Finally, Secretary of Education Richard W. Riley, in a 
statement entitled, ``Helping All Children Learn English,'' 
dated April 27, 1998, stated, ``I propose setting a three-year 
goal to make sure that a child is learning English. Individual 
differences and circumstances may cause some children to take 
longer, but a goal of learning English within three years is 
reasonable.''
    Secretary Riley's statement is consistent with the 
Committee bill in its belief that most or all children can 
learn English within three years. For those that cannot achieve 
proficiency within the three-year limit set by this goal, the 
Committee is confident that additional assistance will be 
provided by States, local schools and communities.

                      State and Local Use of Funds

    In an effort to best serve the needs of English language 
learners, this legislation drives 90 percent of available funds 
to the local level, to be used by eligible entities to provide 
assistance to children and youth who are English language 
learners. States can use remaining funds for a variety of 
activities, although the amount that can be spent on 
administration is limited to 2 percent.
    In restructuring the Bilingual Education Act, the Committee 
eliminated the direct funding of professional development 
programs. However, the Committee agrees that there is a need 
for additional teachers and other professionals who are trained 
to provide services for English language learners. As such, 
H.R. 3892 provides that States can use funds for professional 
development and activities that assist personnel in meeting 
state and local certification requirements for English language 
instruction. In addition, local grantees can use funds received 
under this Act to provide training to classroom teachers, 
administrators and other school or community-based personnel to 
improve the instruction and assessment of children and youth 
who are English language learners and immigrant children and 
youth.
    States are also permitted to use funds to provide bonuses 
to subgrantees whose performance has been exceptional in terms 
of the speed with which children and youth attain English 
language proficiency. The Committee believes such bonuses will 
encourage local subgrantees to work even harder to ensure that 
English language learners are taught English as quickly as 
possible.
    In addition, H.R. 3892 allows States to use funds to 
provide other forms of assistance to local educational agencies 
(LEAs) that do not receive a subgrant under this Act. A growing 
number of schools are faced with educating English language 
learners. Many of these LEAs have little or no experience in 
how to provide quality educational services to children who do 
not speak English. The Committee feels it is important to 
provide States the flexibility to use funds to provide 
assistance to these LEAs, be it technical assistance or 
curriculum materials, etc. The Committee also encourages States 
to link LEAs with little or no experience in educating English 
language learners with schools which provide quality services 
to these children so they can share information and ideas on 
how to best address the needs of these children.
    While the focus of this legislation is on providing 
assistance to LEAs with large numbers of English language 
learners and immigrant children and youth, the Committee does 
not want to overlook the needs of smaller LEAs, where the 
education of these children is just as important as it is in 
larger school districts.
    In addition to professional development, local entities 
requesting funds under this Act may use funds to develop and 
implement or expand and enhance English language instruction 
programs for children and youth who are English language 
learners, to acquire or develop technology or instructional 
materials, and to provide enhanced instructional opportunities 
for immigrant children and youth. States are also permitted to 
fund other activities that assist in the education of eligible 
children and youth.

                                research

    It is the view of the Committee that enough time and effort 
has been spent on research directed at trying to prove one 
instructional method to be superior to another. A 1997 report 
issued by the National Research Council entitled, ``Improving 
Schooling for Language-Minority Children,'' stated:

          There is little value in conducting evaluations to 
        determine which type of program is best. The key issue 
        is not finding a program that works for all children 
        and all localities, but rather finding a set of program 
        components that works for the children in the community 
        of interest, given that community's goals, 
        demographics, and resources of that community. The 
        focus needs to be on the proper context in which a 
        program component is most effective and conversely, the 
        contexts in which it may be harmful.

    The Committee agrees. As reported by the Committee on 
Education and the Workforce, H.R. 3892 permits the Secretary to 
conduct, through the Office of Educational Research and 
Improvement, research for the purpose of improving English 
language instruction for children who are English language 
learners. The research is to be focused on identifying 
successful models for teaching children English. The Secretary 
is prohibited from focusing such research on one method of 
instruction.
    The bill further provides that information from such 
research is to be provided to States for dissemination to 
schools with populations of children who are English language 
learners. The Committee hopes States and local schools and 
communities will use this information to improve instruction to 
English language learners. As noted previously, the Committee 
understands that different techniques work for different 
children and different schools. The information provided 
through this research would allow such providers to mix and 
match various techniques to meet their specific needs.
    The Committee believes it is time to stop focusing research 
on proving one method of instruction is superior to another. We 
must develop sound models for all different methods of 
instruction which can be used to teach English to English 
language learners. What is important is whether or not children 
are gaining the English language skills necessary for success, 
not which method of instruction is used to provide them with 
such skills.

                         compliance agreements

    Consistent with the fresh start that H.R. 3892 offers to 
school districts, section 7404 of the Committee-reported bill 
voids all compliance agreements (between the Office of Civil 
Rights (OCR) of the Department of Education and schools or 
school districts) that require bilingual education as a form of 
English language instruction. This action will enable school 
districts to start anew and determine for themselves what form 
of English language instruction is best for the English 
language learners in their districts. Such a change must be 
viewed in the broader context of the 1974 United States Supreme 
Court decision Lau v. Nichols, 414 U.S. 563 (1974), and the 
subsequent ``Lau remedies'' which have been used by OCR for 
enforcement purposes.

Lau v. Nichols, 414 U.S. 563 (1974)

    In Lau, the parents of non-English speaking Chinese 
students brought a class action suit against the San Francisco 
Unified School District alleging that the failure of the school 
administration to provide supplemental language programs denied 
students their right to equal educational opportunities under 
the equal protection clause of the 14th Amendment and 
constituted a violation of the anti-discrimination provisions 
of Title VI of the Civil Rights Act of 1964.
    The lower court concluded that the school was not 
responsible for the deficiencies of the children and need not 
provide supplemental programs noting that ``every student 
brings to the starting line of his educational career different 
advantages and disadvantages caused in part by social, economic 
and cultural background, created and continued completely apart 
from any contribution by the school.''
    The U. S. Supreme Court reversed, holding that the school 
system had violated Title VI of the Civil Rights Act of 1964, 
which prohibits receipt of Federal education funds if one 
discriminates on the basis of race, color or national origin. 
The Court stated that any discrimination which would in effect 
deny non-English speaking students a ``meaningful opportunity 
to participate in federally-funded education programs'' was 
impermissible. The Court's decision affirmed the validity of a 
May 25, 1970 OCR guideline which required school districts 
enrolling national origin students who were deficient in 
English language skills to ``take affirmative steps'' to open 
their instructional programs to those students. Most noteworthy 
is the fact that the Lau decision left the decision of what 
form of English language instruction is to be used up to local 
decision-makers. The Court concluded that many different forms 
of instruction could be appropriate. The Court stated: 
``Teaching English to the students of Chinese ancestry who do 
not speak the language is one choice. Giving instructions to 
this group in Chinese is another. There may be others.'' 414 
U.S. at 564.

Lau remedies

    It was the Lau decision which led the Office of Civil 
Rights to develop its so-called ``Lau remedies'' which were 
used in the late 1970s to coerce school districts to enter into 
compliance agreements to provide bilingual education 
instruction. The testimony of James Littlejohn, a former 27-
year employee of the Office of Civil Rights, sums up what the 
``Lau remedies'' were, and their wide-ranging impact upon 
school districts. He stated:

          I was shocked when, in 1975, OCR developed an 
        internal guideline referred to as ``The Lau Remedies'' 
        which essentially required school systems to implement 
        transitional bilingual education programs, especially 
        at the elementary and middle school levels. From 1975-
        1980, using this internal guideline, OCR's regional 
        offices negotiated approximately 500 compliance plans 
        with school systems across the nation. * * * These 
        plans were in a very real sense coerced agreements, 
        since OCR threatened to cut off federal funds if a 
        school did not implement a bilingual education program. 
        Schools wanting to implement English-immersion programs 
        were told such programs were not acceptable unless they 
        were as ``equally effective'' as bilingual education.

    These remedies were used until 1981, when they were 
withdrawn. Internal OCR documents admit the oppressiveness of 
the ``Lau remedies'' upon school districts. A December 3, 1985 
OCR internal memorandum entitled ``OCR's Title VI Language 
Minority Compliance Procedures'' states: ``These Lau remedies 
evolved into de facto compliance standards which allowed undue 
Federal influence over education judgments that could and 
should be made by local and State educational authorities.''

Compliance agreements currently in force

    According to the OCR, as of April 30, 1998, there are 
currently 288 compliance agreements currently in force between 
OCR and school districts across the Nation. A list of these 
districts is attached as Exhibit A. Some of the characteristics 
of these agreements are that they emphasize bilingual education 
programs, as opposed to English-immersion, and inappropriately 
delve into curriculum matters, including choice of programs and 
instructional materials. In testimony before the Subcommittee 
on Early Childhood, Youth and Families on April 30, 1998, 
witness James Littlejohn noted the continuing efforts of OCR to 
advocate bilingual education above other forms of instruction:

          While I do not have the exact numbers, I estimate 
        that, since 1992, OCR has obtained several * * * new 
        agreements from schools across the nation, many of 
        which will likely require some form of bilingual 
        education. The plans I reviewed were from school 
        districts in Utah, Colorado, and New Mexico, and were 
        all negotiated during late 1995. Each of the plans 
        required bilingual education, as well as English as a 
        second language instruction. However, none of the plans 
        contained time frames for moving students into English, 
        or indicated any sense of urgency that students should 
        become fluent English speakers within any particular 
        period of time.

Conclusion

    Given this history, the Committee strongly believes that 
local authorities should be free to choose the form of English 
language instruction that is most suitable for them, free from 
the biased viewpoint and practices of OCR, which have been to 
push bilingual education to the exclusion of other 
instructional methods. H.R. 3892 represents a fresh start. In 
that regard, releasing school districts from these OCR-
initiated compliance agreements will provide them with true 
local control over the type of English language instruction 
programs they should provide to their students. If a school 
district then decides to utilize bilingual education 
instruction, it would be free to do so. On the other hand, if a 
school district chooses to use English immersion instruction or 
English as a second language, it would be free to do so. It 
would be a local decision free from OCR bias. That's the way it 
should be.

                   office of civil rights guidelines

    In addition to voiding all compliance agreements entered 
into by States, localities, or local educational agencies 
(which receive funds under the Elementary and Secondary 
Education Act) and OCR related to bilingual education, H.R. 
3892 requires the Secretary to publish in the Federal Register, 
through the formal rulemaking process, the enforcement 
guidelines and compliance standards of the Office of Civil 
Rights that apply to a program or activity to provide English 
language instruction to English language learners. It further 
prevents the Secretary from entering into any future compliance 
agreements until such guidelines or standards become final 
regulations.
    The most significant problem with the Office of Civil 
Rights' approach to civil rights enforcement is the Agency's 
practice of imposing prescriptive, inflexible and burdensome 
procedures on local educational agencies with little oversight 
from Congress or the Department of Education.
    The internal guidelines OCR has used in extracting 
agreements were developed internally by OCR staff and have 
never been open to public comment or scrutiny. In fact, OCR is 
currently using at least three lengthy internal enforcement 
memoranda that have never been subject to public scrutiny.
    In fact, the fiasco of the ``Lau remedies''--which were 
internal guidelines--is one reason why we need to subject the 
internal enforcement guidelines and compliance standards to 
notice and comment in the Federal Register. The ``Lau 
remedies'' were ultimately withdrawn because they were so 
poorly done, and OCR itself, in one of its internal policy 
memoranda from December 3, 1985, stated: ``These Lau remedies 
evolved into de facto compliance standards which allowed undue 
Federal influence over education judgments that could and 
should be made by local and State educational authorities.''
    Giving notice to the public to comment upon OCR's 
guidelines and practices should have been done a long time ago. 
The public deserves the right to know what policies it is that 
OCR is applying.
    According to a 1997 Report by the U.S. Commission on Civil 
Rights (cited earlier):

          * * * OCR's Title VI/Lau program continues to suffer 
        in its efforts to play a major role in ensuring equal 
        educational opportunity for students with limited 
        English proficiency because of a number of weaknesses. 
        For example, since 1990, OCR has placed a high priority 
        on issues related to students with limited English 
        proficiency, but it has failed to issue policy guidance 
        on compliance relating to the development and 
        implementation of educational programs for students 
        with limited English proficiency since a May 1970 
        policy memorandum published in the Federal Register.
The report further states:

          * * * By failing to address these principles 
        adequately in its enforcement of Title VI and Lau, OCR 
        has not provided State and local education agencies 
        with the type of guidance that would afford them a 
        concrete understanding of their obligations under the 
        law and point them in the direction of a proactive 
        civil rights agenda that would ensure equal opportunity 
        for students with limited English proficiency.

    Conditioning any new OCR compliance agreements upon the 
publication of final regulations is most reasonable. Since 
there are many questions surrounding OCR's tactics in obtaining 
current compliance agreements, the Committee believes it is 
important that States and local schools have information on the 
criteria on which their programs for English language learners 
are to be judged. It is also important to allow for a public 
review of these guidelines to ensure that OCR is not 
overstepping its boundaries when it seeks compliance agreements 
which involve issues such as testing and the qualifications of 
school personnel working with students.

                    changing the name of the office

    Currently the name of the office within the Department of 
Education responsible for the Bilingual Education Act is the 
Office of Bilingual Education and Minority Languages Affairs. 
The Committee believes the name of the office should reflect 
the primary purpose of the program. It has, therefore, renamed 
the office, the Office of English Language Acquisition. Since 
the primary purpose of this legislation is to provide English 
language learners with the English language skills they need to 
perform well in school, the Committee believes renaming the 
office is appropriate and consistent with the intent of this 
Act.





                      Section-by-Section Analysis

    H.R. 3892, The English Language Fluency Act, as reported by 
the Committee on Education and the Workforce, on June 4, 1998.
    Section 1 amends Part A of title VII of the Elementary and 
Secondary Education Act of 1965 (Bilingual Education Act, Part 
A) as follows:
    ``PART A--ENGLISH LANGUAGE EDUCATION
    ``Section 7101 contains the short title of this part.
    ``Section 7102 contains the findings and purpose.
    ``Section 7103 contains notification and consent 
requirements for parents of children participating in programs 
under this part.
    ``SUBPART 1--GRANTS FOR ENGLISH LANGUAGE ACQUISITION
    ``Chapter 1--General Provisions
    ``Section 7111 authorizes appropriations of such sums for 
fiscal year 1999 and each of the 4 succeeding fiscal years; and 
requires the Secretary to set aside not less than .5 percent 
for entities serving Native Americans and Alaska Natives.
    ``Section 7112 contains the definition of an eligible 
entity to serve predominantly Native American or Alaska Native 
children and youth and timeline for submission of their 
application.
    ``Chapter 2--Grants for English Language Acquisition
    ``Section 7121 requires not less than 90 percent of funds 
to be used for subgrants to eligible entities to provide 
assistance to children and youth who are English language 
learners; allows States to retain 10 percent of funds and sets 
forth allowable State activities and limits the amount to be 
used for administration to 2 percent.
    ``Section 7122 contains the criteria to be included in the 
State application.
    ``Section 7123 contains the purposes and activities for 
which eligible entities receiving a subgrant may expend 
subgrant funds.
    ``Section 7124 contains the method of determination for the 
allotment of subgrants.
    ``Section 7125 states that nothing in this part shall be 
construed to require a State or LEA to establish or continue or 
eliminate a program of native language instruction.
    ``SUBPART 2--RESEARCH AND DISSEMINATION
    ``Section 7141 allows the Secretary to conduct research for 
the purpose of improving English language instruction.
    Section 2 repeals the Emergency Immigrant Education Program
    Section 3 redesignates Part D of Title VII of ESEA as Part 
C of such title and is amended as follows:
    ``Part C--Administration
    ``Section 7301 requires States to report annually to the 
Secretary on programs and activities; and requires the 
Secretary to report biannually to Congress on the progress of 
States.
    ``Section 7302 allows for the commingling of funds under 
this Act.
    Section 4 redesignates Part E of title VII of ESEA as Part 
D of such title and is amended as follows:
    ``PART D--GENERAL PROVISIONS
    ``Section 7401 contains definitions relevant to this part.
    ``Section 7402 authorizes the Secretary to issue 
regulations only to the extent they are necessary to ensure 
compliance with the specific requirements of this title.
    ``Section 7403 contains the legal limitations of this part 
under State law.
    ``Section 7404 releases States, LEAs and schools from 
compliance agreements, entered into with the Department of 
Education and its predecessor, concerning bilingual education.
    ``Section 7405 contains the requirements for making public 
the enforcement guidelines and compliance standards of the 
Office of Civil Rights as they apply to the provision of 
English language instruction.
    ``Section 7406 prohibits States from exempting English 
language learners from State standardized tests if they have 
received instruction in one LEA for the 3 yearperiod prior to 
the date of the test and have received educational services throughout 
that 3 year period.
    Section 5 makes conforming amendments.
    Section 6 sets forth the effective date of the amendments 
made by this Act to be October 1, 1998, or enactment of this 
Act, whichever occurs later.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill amends the Elementary and Secondary Education 
Act of 1965 to help children learn English. The bill does not 
prevent legislative branch employees from receiving the 
benefits of this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates. This bill amends 
the Elementary and Secondary Education Act of 1965 to help 
children learn English. The bill does not contain any unfunded 
mandates.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the body of this report.

 Statement of Oversight Findings of the Committee on Government Reform 
                             and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3892.

                        Constitutional Authority

    The Elementary and Secondary Education Act of 1965, and 
this bill, H.R. 3892, are constitutional under the spending 
clause of the constitution, Article 1, section 8, clause 1.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3892. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 3892 from the Director of the Congressional Budget 
Act:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 18, 1998.
Hon. William F. Goodling,
Chairman, Committee on Education and the Workforce, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3892, the English 
Language Fluency Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Justin Latus.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 3892--English Language Fluency Act

    Summary: H.R. 3892 would rewrite title VII of the 
Elementary and Secondary Education Act (ESEA), which authorizes 
federal bilingual and immigrant education programs. It would 
authorize appropriations of such sums as necessary for fiscal 
years 1999 through 2003 to provide grants to states to ensure 
that all children master English. Programs under title VII are 
currently authorized through 2000. CBO estimates that the bill 
would authorize an additional $1.1 billion over the 2001-2003 
period, assuming adjustments for inflation. Because H.R. 3892 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply.
    The bill contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments except as a result of complying with grant 
conditions.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3892 is shown in the following table.
    Basis of estimate: Under current law, programs under Title 
VII are authorized through fiscal year 2000, including the one-
year extension provided under the General Education Provisions 
Act (GEPA). H.R. 3892 would authorize appropriations of such 
sums as may be necessary for programs for 1999 through 2003 
(except for the Part B foreign language assistance program, 
which would expire in 2000).
    Estimated budgetary impact of H.R. 3892:

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal years, in millions of dollars--  
                                                                 -----------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
                                         With adjustments for Inflation                                         
                                                                                                                
Spending Under Current Law:                                                                                     
    Estimated Authorization Levels \1\..........................     354     362     370       0       0       0
    Estimated Outlays...........................................     258     335     359     324      74       0
Proposed Changes:                                                                                               
    Estimated Authorization Levels..............................       0       0       0     374     383     392
    Estimated Outlays...........................................       0       0       0      45     300     374
Spending Under H.R. 3892:                                                                                       
    Estimated Authorization Levels \1\..........................     354     362     370     374     383     392
    Estimated Outlays...........................................     258     335     360     369     374     382
                                                                                                                
                                        Without adjustments for Inflation                                       
                                                                                                                
Spending Under Current Law:                                                                                     
    Estimated Authorization Levels \1\..........................     354     354     354       0       0       0
    Estimated Outlays...........................................     258     334     352     312      71       7
Proposed Changes:                                                                                               
    Estimated Authorization Levels..............................       0       0       0     349     349     349
    Estimated Outlays...........................................       0       0       0      42     279     342
Spending Under H.R. 3892:                                                                                       
    Estimated Authorization Levels \1\..........................     354     354     354     349     349     349
    Estimated Outlays...........................................     258     334     352     353     350     349
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year.                                                    
                                                                                                                
Note.--Components may not sum to totals due to rounding.                                                        

    CBO estimates that under this bill authorizations would be 
$374 million for fiscal year 2001 and would total $1.1 billion 
over the 2001-2003 period, with adjustments for inflation. 
Since the rewritten Title VII would serve a similar population 
as current law, namely immigrants and other children whose 
native language is not English, CBO based this estimate on 
current funding for Title VII.
    The costs of this legislation fall within budget function 
500 (education, training, employment, and social services).
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3892 
contains no private-sector or intergovernmental mandates as 
defined in UMRA. The bill would consolidate existing federal 
bilingual education programs into a block grant and give states 
and local education agencies additional flexibility to design 
programs, but it also would impose some new requirements as a 
condition for receiving grants. The bill would also void 
compliance agreements between the Department of Education and 
states and local education agencies governing bilingual 
education.
    Estimate prepared by: Federal Cost: Justin Latus. Impact on 
State, Local, and Tribal Governments: Marc Nicole. Impact on 
the Private Sector: Nabeel Alsalam.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                             Rollcall Votes





                             Correspondence

                                  House of Representatives,
                                     Washington, DC, June 17, 1998.
Hon. William Goodling,
Chairman, Education and Workforce, Rayburn House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: On rollcall vote number one, regarding 
reporting H.R. 3892 to the House floor, I was unavoidably 
detained due to legislative duties. Had I been present, I would 
have voted aye.
    I would appreciate your inserting this letter into the 
Committee's report. Thank you for your attention to this 
matter.
            Sincerely,
                                 Howard P. ``Buck'' McKeon,
                                                Member of Congress.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

           *       *       *       *       *       *       *


TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

           *       *       *       *       *       *       *


PART B--STATE AND LOCAL ACTIVITIES

           *       *       *       *       *       *       *


SEC. 2209. LOCAL COST-SHARING.

  (a) * * *
  (b) Available Resources for Cost-Sharing.--
          (1) In general.--A local educational agency may meet 
        the requirement of subsection (a) through one or more 
        of the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Funds received under one or more of the 
                following programs, so long as such funds are 
                used for professional development activities 
                consistent with this part and the statutes 
                under which such funds were received, and are 
                used to benefit students and teachers in 
                schools that otherwise would have been served 
                with such funds:
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) [Bilingual Education Programs 
                        under part A of title VII.] English 
                        language education programs under part 
                        A of title VII.

           *       *       *       *       *       *       *


  [TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS

                      [PART A--BILINGUAL EDUCATION

[SEC. 7101. SHORT TITLE.

  [This part may be cited as the ``Bilingual Education Act''.

[SEC. 7102. FINDINGS, POLICY, AND PURPOSE.

  [(a) Findings.--The Congress finds that--
          [(1) language-minority Americans speak virtually all 
        world languages plus many that are indigenous to the 
        United States;
          [(2) there are large and growing numbers of children 
        and youth of limited-English proficiency, many of whom 
        have a cultural heritage that differs from that of 
        their English-proficient peers;
          [(3) the presence of language-minority Americans is 
        related in part to Federal immigration policies;
          [(4) many language-minority Americans are limited in 
        their English proficiency, and many have limited 
        education and income;
          [(5) limited English proficient children and youth 
        face a number of challenges in receiving an education 
        that will enable such children and youth to participate 
        fully in American society, including--
                  [(A) segregated education programs;
                  [(B) disproportionate and improper placement 
                in special education and other special programs 
                due to the use of inappropriate evaluation 
                procedures;
                  [(C) the limited-English proficiency of their 
                own parents, which hinders the parents' ability 
                to fully participate in the education of their 
                children; and
                  [(D) a shortage of teachers and other staff 
                who are professionally trained and qualified to 
                serve such children and youth;
          [(6) Native Americans and Native American languages 
        (as such terms are defined in section 103 of the Native 
        American Languages Act), including native residents of 
        the outlying areas, have a unique status under Federal 
        law that requires special policies within the broad 
        purposes of this Act to serve the education needs of 
        language minority students in the United States;
          [(7) institutions of higher education can assist in 
        preparing teachers, administrators and other school 
        personnel to understand and build upon the educational 
        strengths and needs of language-minority and culturally 
        diverse student enrollments;
          [(8) it is the purpose of this title to help ensure 
        that limited English proficient students master English 
        and develop high levels of academic attainment in 
        content areas;
          [(9) quality bilingual education programs enable 
        children and youth to learn English and meet high 
        academic standards including proficiency in more than 
        one language;
          [(10) as the world becomes increasingly 
        interdependent and as international communication 
        becomes a daily occurrence in government, business, 
        commerce, and family life, multilingual skills 
        constitute an important national resource which 
        deserves protection and development;
          [(11) educational technology has the potential for 
        improving the education of language-minority and 
        limited English proficient students and their families, 
        and the Federal Government should foster this 
        development;
          [(12) parent and community participation in bilingual 
        education programs contributes to program 
        effectiveness;
          [(13) research, evaluation, and data-collection 
        capabilities in the field of bilingual education need 
        to be strengthened so that educators and other staff 
        can better identify and promote those programs, program 
        implementation strategies, and instructional practices 
        that result in effective education of limited English 
        proficient children;
          [(14) the use of a child or youth's native language 
        and culture in classroom instruction can--
                  [(A) promote self-esteem and contribute to 
                academic achievement and learning English by 
                limited English proficient children and youth;
                  [(B) benefit English-proficient children and 
                youth who also participate in such programs; 
                and
                  [(C) develop our Nation's national language 
                resources, thus promoting our Nation's 
                competitiveness in the global economy;
          [(15) the Federal Government, as exemplified by title 
        VI of the Civil Rights Act of 1964 and section 204(f) 
        of the Equal Education Opportunities Act of 1974, has a 
        special and continuing obligation to ensure that States 
        and local school districts take appropriate action to 
        provide equal educational opportunities to children and 
        youth of limited English proficiency; and
          [(16) the Federal Government also, as exemplified by 
        the Federal Government's efforts under this title, has 
        a special and continuing obligation to assist States 
        and local school districts in developing the capacity 
        to provide programs of instruction that offer limited 
        English proficient children and youth an equal 
        educational opportunity.
  [(b) Policy.--The Congress declares it to be the policy of 
the United States, in order to ensure equal educational 
opportunity for all children and youth and to promote 
educational excellence, to assist State and local educational 
agencies, institutions of higher education and community-based 
organizations to build their capacity to establish, implement, 
and sustain programs of instruction for children and youth of 
limited English proficiency.
  [(c) Purpose.--The purpose of this part is to educate limited 
English proficient children and youth to meet the same rigorous 
standards for academic performance expected of all children and 
youth, including meeting challenging State content standards 
and challenging State student performance standards in academic 
areas by--
          [(1) developing systemic improvement and reform of 
        educational programs serving limited English proficient 
        students through the development and implementation of 
        exemplary bilingual education programs and special 
        alternative instruction programs;
          [(2) developing bilingual skills and multicultural 
        understanding;
          [(3) developing the English of such children and 
        youth and, to the extent possible, the native language 
        skills of such children and youth;
          [(4) providing similar assistance to Native Americans 
        with certain modifications relative to the unique 
        status of Native American languages under Federal law;
          [(5) developing data collection and dissemination, 
        research, materials development, and technical 
        assistance which is focused on school improvement for 
        limited English proficient students; and
          [(6) developing programs which strengthen and improve 
        the professional training of educational personnel who 
        work with limited English proficient students.

[SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--For the purpose of carrying out this part, 
there are authorized to be appropriated $215,000,000 for the 
fiscal year 1995 and such sums as may be necessary for each of 
the four succeeding fiscal years.
  [(b) Distribution.--From the sums appropriated under 
subsection (a) for any fiscal year, the Secretary shall reserve 
not less than 25 percent of such funds for such year to carry 
out subpart 3.

[SEC. 7104. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

  [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary, 
secondary, and postsecondary schools operated predominately for 
Native American or Alaska Native children and youth, an Indian 
tribe, a tribally sanctioned educational authority, a Native 
Hawaiian or Native American Pacific Islander native language 
education organization, or an elementary or secondary school 
that is operated or funded by the Bureau of Indian Affairs 
shall be considered to be a local educational agency as such 
term is used in this part, subject to the following 
qualifications:
          [(1) 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 or village corporation as defined in or 
        established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized for the special programs and services 
        provided by the United States to Indians because of 
        their status as Indians.
          [(2) 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 any such 
                        school or otherwise to oversee the 
                        delivery of educational services to 
                        members of that tribe; and
                          [(ii) approved by the Secretary for 
                        the purpose of this section.
  [(b) Eligible Entity Application.--Notwithstanding any other 
provision of this part, each eligible entity described in 
subsection (a) shall submit any application for assistance 
under this part directly to the Secretary along with timely 
comments on the need for the proposed program.

[SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED NATIONS.

  [For the purpose of carrying out programs under this part in 
the outlying areas, the term ``local educational agency'' shall 
include public institutions or agencies whose mission is the 
preservation and maintenance of native languages.

   [Subpart 1--Bilingual Education Capacity and Demonstration Grants

[SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.

  [The purpose of this subpart is to assist local educational 
agencies, institutions of higher education, and community-based 
organizations, through the grants authorized under sections 
7112, 7113, 7114, and 7115 to--
          [(1) develop and enhance their capacity to provide 
        high-quality instruction through bilingual education or 
        special alternative instruction programs to children 
        and youth of limited English proficiency; and
          [(2) to help such children and youth--
                  [(A) develop proficiency in English, and to 
                the extent possible, their native language; and
                  [(B) meet the same challenging State content 
                standards and challenging State student 
                performance standards expected for all children 
                and youth as required by section 1111(b).

[SEC. 7112. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.

  [(a) Purpose.--The purpose of this section is to develop and 
implement new comprehensive, coherent, and successful bilingual 
education or special alternative instructional programs for 
limited English proficient students, including programs of 
early childhood education, kindergarten through twelfth grade 
education, gifted and talented education, and vocational and 
applied technology education.
  [(b) Program Authorized.--
          [(1) Authority.--(A) The Secretary is authorized to 
        award grants to eligible entities having applications 
        approved under section 7116 to enable such entities to 
        carry out activities described in paragraph (2).
          [(B) Each grant under this section shall be awarded 
        for a period of three years.
          [(2) Authorized activities.--(A) Grants awarded under 
        this section shall be used to improve the education of 
        limited English proficient students and their families 
        by--
                  [(i) developing and implementing 
                comprehensive preschool, elementary, or 
                secondary bilingual education or special 
                alternative instructional programs that are 
                coordinated with other relevant programs and 
                services to meet the full range of educational 
                needs of limited English proficient students; 
                and
                  [(ii) providing inservice training to 
                classroom teachers, administrators, and other 
                school or community-based organizational 
                personnel to improve the instruction and 
                assessment of language-minority and limited 
                English proficient students.
          [(B) Grants under this section may be used to improve 
        the education of limited English proficient students 
        and their families by--
                  [(i) implementing family education programs 
                and parent outreach and training activities 
                designed to assist parents to become active 
                participants in the education of their 
                children;
                  [(ii) improving the instructional program for 
                limited English proficient students by 
                identifying, acquiring, and upgrading 
                curriculum, instructional materials, 
                educational software and assessment procedures 
                and, if appropriate, applying educational 
                technology;
                  [(iii) compensating personnel, including 
                teacher aides who have been specifically 
                trained, or are being trained, to provide 
                services to children and youth of limited 
                English proficiency;
                  [(iv) providing tutorials and academic or 
                career counseling for children and youth of 
                limited-English proficiency; and
                  [(v) providing such other activities, related 
                to the purposes of this part, as the Secretary 
                may approve.
  [(c) Eligible Entity.--For the purpose of this section the 
term ``eligible entity'' means--
          [(1) one or more local educational agencies;
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organization or local or State 
        educational agency; or
          [(3) a community-based organization or an institution 
        of higher education which has an application approved 
        by the local educational agency to develop and 
        implement early childhood education or family education 
        programs or to conduct an instructional program which 
        supplements the educational services provided by a 
        local educational agency.
  [(d) Due Consideration.--In awarding grants under this 
section, the Secretary shall give due consideration to the need 
for early childhood education, elementary education, and 
secondary education programs.

[SEC. 7113. PROGRAM ENHANCEMENT PROJECTS.

  [(a) Purpose.--The purpose of this section is to carry out 
highly focused, innovative, locally designed projects to expand 
or enhance existing bilingual education or special alternative 
instructional programs for limited English proficient students.
  [(b) Program Authorized.--
          [(1) Authority.--(A) The Secretary is authorized to 
        award grants to eligible entities having applications 
        approved under section 7116 to enable such entities to 
        carry out activities described in paragraph (2).
          [(B) Each grant under this section shall be awarded 
        for a period of two years.
          [(2) Authorized activities.--(A) Grants under this 
        section shall be used for providing inservice training 
        to classroom teachers, administrators, and other school 
        or community-based organization personnel to improve 
        the instruction and assessment of language-minority and 
        limited English proficient students.
          [(B) Grants under this section may be used for--
                  [(i) implementing family education programs 
                and parent outreach and training activities 
                designed to assist parents to become active 
                participants in the education of their 
                children;
                  [(ii) improving the instructional program for 
                limited English proficient students by 
                identifying, acquiring, and upgrading 
                curriculum, instructional materials, 
                educational software and assessment procedures 
                and, if appropriate, applying educational 
                technology;
                  [(iii) compensating personnel, including 
                teacher aides who have been specifically 
                trained, or are being trained, to provide 
                services to children and youth of limited-
                English proficiency;
                  [(iv) providing tutorials and academic or 
                career counseling for children and youth of 
                limited-English proficiency;
                  [(v) providing intensified instruction; and
                  [(vi) providing such other activities, 
                related to the purposes of this part, as the 
                Secretary may approve.
  [(c) Eligible Entity.--For the purpose of this section the 
term ``eligible entity'' means--
          [(1) one or more local educational agencies;
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organization or local or State 
        educational agency; or
          [(3) a community-based organization or an institution 
        of higher education which has an application approved 
        by the local educational agency to enhance early 
        childhood education or family education programs or to 
        conduct an instructional program which supplements the 
        educational services provided by a local educational 
        agency.

[SEC. 7114. COMPREHENSIVE SCHOOL GRANTS.

  [(a) Purpose.--The purpose of this section is to provide 
financial assistance to eligible entities to implement 
schoolwide bilingual education programs or special alternative 
instruction programs for reforming, restructuring, and 
upgrading all relevant programs and operations, within an 
individual school, that serve all (or virtually all) children 
and youth of limited-English proficiency in schools with 
significant concentrations of such children and youth.
  [(b) Program Authorized.--
          [(1) Authority.--(A) The Secretary is authorized to 
        award grants to eligible entities having applications 
        approved under section 7116 to enable such entities to 
        carry out activities described in paragraph (3).
          [(B) Each grant under this section shall be awarded 
        for five years.
          [(2) Termination.--The Secretary shall terminate 
        grants to eligible entities under this section if the 
        Secretary determines that--
                  [(A) the program evaluation required by 
                section 7123 indicates that students in the 
                schoolwide program are not being taught to and 
                are not making adequate progress toward 
                achieving challenging State content standards 
                and challenging State student performance 
                standards; or
                  [(B) in the case of a program to promote dual 
                language facility, such program is not 
                promoting such facility.
          [(3) Authorized activities.--Grants under this 
        section may be used to improve the education of limited 
        English proficient students and their families by--
                  [(A) implementing family education programs 
                and parent outreach and training activities 
                designed to assist parents to become active 
                participants in the education of their 
                children;
                  [(B) improving the instructional program for 
                limited English proficient students by 
                identifying, acquiring and upgrading 
                curriculum, instructional materials, 
                educational software and assessment procedures 
                and, if appropriate, applying educational 
                technology;
                  [(C) compensating personnel, including 
                teacher aides who have been specifically 
                trained, or are being trained, to provide 
                services to children and youth of limited 
                English proficiency;
                  [(D) providing tutorials and academic or 
                career counseling for children and youth of 
                limited-English proficiency;
                  [(E) providing intensified instruction; and
                  [(F) providing such other activities, related 
                to the purposes of this part, as the Secretary 
                may approve.
          [(4) Special rule.--A grant recipient, before 
        carrying out a program assisted under this section, 
        shall plan, train personnel, develop curriculum, and 
        acquire or develop materials.
  [(c) Eligible Entities.--For the purpose of this section the 
term ``eligible entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organizations or a local or State 
        educational agency.

[SEC. 7115. SYSTEMWIDE IMPROVEMENT GRANTS.

  [(a) Purpose.--The purpose of this section is to implement 
districtwide bilingual education programs or special 
alternative instruction programs to improve, reform, and 
upgrade relevant programs and operations, within an entire 
local educational agency, that serve a significant number of 
children and youth of limited English proficiency in local 
educational agencies with significant concentrations of such 
children and youth.
  [(b) Program Authorized.--
          [(1) Authority.--(A) The Secretary is authorized to 
        award grants to eligible entities having applications 
        approved under section 7116 to enable such entities to 
        carry out activities described in paragraphs (3) and 
        (4).
          [(B) Each grant under this section shall be awarded 
        for 5 years.
          [(2) Termination.--The Secretary shall terminate 
        grants to eligible entities under this section if the 
        Secretary determines that--
                  [(A) the program evaluation required by 
                section 7123 indicates that students in the 
                program are not being taught to and are not 
                making adequate progress toward achieving 
                challenging State content standards and 
                challenging State student performance 
                standards; or
                  [(B) in the case of a program to promote dual 
                language facility, such program is not 
                promoting such facility.
          [(3) Preparation.--Grants under this section may be 
        used during the first 12 months exclusively for 
        activities preparatory to the delivery of services.
          [(4) Uses.--Grants under this section may be used to 
        improve the education of limited English proficient 
        students and their families by reviewing, 
        restructuring, and upgrading--
                  [(A) educational goals, curriculum guidelines 
                and content, standards and assessments;
                  [(B) personnel policies and practices 
                including recruitment, certification, staff 
                development, and assignment;
                  [(C) student grade-promotion and graduation 
                requirements;
                  [(D) student assignment policies and 
                practices;
                  [(E) family education programs and parent 
                outreach and training activities designed to 
                assist parents to become active participants in 
                the education of their children;
                  [(F) the instructional program for limited 
                English proficient students by identifying, 
                acquiring and upgrading curriculum, 
                instructional materials, educational software 
                and assessment procedures and, if appropriate, 
                applying educational technology;
                  [(G) tutorials and academic or career 
                counseling for children and youth of limited-
                English proficiency; and
                  [(H) such other activities, related to the 
                purposes of this part, as the Secretary may 
                approve.
  [(c) Eligible Entities.--For the purpose of this section the 
term ``eligible entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organizations or a local or State 
        educational agency.

[SEC. 7116. APPLICATIONS.

  [(a) In General.--
          [(1) Secretary.--To receive a grant under this 
        subpart, an eligible entity shall submit an application 
        to the Secretary at such time, in such form, and 
        containing such information as the Secretary may 
        require.
          [(2) State educational agency.--An eligible entity, 
        with the exception of schools funded by the Bureau of 
        Indian Affairs, shall submit a copy of its application 
        under this section to the State educational agency.
  [(b) State Review and Comments.--
          [(1) Deadline.--The State educational agency, not 
        later than 45 days after receipt of an application 
        under this section, shall review the application and 
        transmit such application to the Secretary.
          [(2) Comments.--(A) Regarding any application 
        submitted under this title, the State educational 
        agency shall--
                  [(i) submit to the Secretary written comments 
                regarding all such applications; and
                  [(ii) submit to each eligible entity the 
                comments that pertain to such entity.
          [(B) For purposes of this subpart, such comments 
        shall address how the eligible entity--
                  [(i) will further the academic achievement of 
                limited English proficient students served 
                pursuant to a grant received under this 
                subpart; and
                  [(ii) how the grant application is consistent 
                with the State plan submitted under section 
                1111.
  [(c) Eligible Entity Comments.--An eligible entity may submit 
to the Secretary comments that address the comments submitted 
by the State educational agency.
  [(d) Comment Consideration.--In making grants under this 
subpart the Secretary shall take into consideration comments 
made by a State educational agency.
  [(e) Waiver.--Notwithstanding subsection (b), the Secretary 
is authorized to waive the review requirement of subsection (b) 
if a State educational agency can demonstrate that such review 
requirement may impede such agency's ability to fulfill the 
requirements of participation in the State grant program, 
particularly such agency's data collection efforts and such 
agency's ability to provide technical assistance to local 
educational agencies not receiving funds under this Act.
  [(f) Required Documentation.--Such application shall include 
documentation that the applicant has the qualified personnel 
required to develop, administer, and implement the proposed 
program.
  [(g) Contents.--
          [(1) In general.--An application for a grant under 
        this subpart shall contain the following:
                  [(A) A description of the need for the 
                proposed program, including data on the number 
                of children and youth of limited-English 
                proficiency in the school or school district to 
                be served and the characteristics of such 
                children and youth, such as language spoken, 
                dropout rates, proficiency in English and the 
                native language, academic standing in relation 
                to the English-proficient peers of such 
                children and youth, and, where applicable, the 
                recency of immigration.
                  [(B) A description of the program to be 
                implemented and how such program's design--
                          [(i) relates to the linguistic and 
                        academic needs of the children and 
                        youth of limited-English proficiency to 
                        be served;
                          [(ii) is coordinated with other 
                        programs under this Act, the Goals 
                        2000: Educate America Act and other 
                        Acts, as appropriate, in accordance 
                        with section 14306;
                          [(iii) involves the parents of the 
                        children and youth of limited-English 
                        proficiency to be served;
                          [(iv) ensures accountability in 
                        achieving high academic standards; and
                          [(v) promotes coordination of 
                        services for the children and youth of 
                        limited-English proficiency to be 
                        served and their families.
                  [(C) A description, if appropriate, of the 
                applicant's collaborative activities with 
                institutions of higher education, community-
                based organizations, local or State educational 
                agencies, private schools, nonprofit 
                organizations, or businesses in carrying out 
                the proposed program.
                  [(D) An assurance that the applicant will not 
                reduce the level of State and local funds that 
                the applicant expends for bilingual education 
                or special alternative instruction programs if 
                the applicant receives an award under this 
                subpart.
                  [(E) An assurance that the applicant will 
                employ teachers in the proposed program that, 
                individually or in combination, are proficient 
                in English, including written, as well as oral, 
                communication skills.
                  [(F) A budget for grant funds.
          [(2) Additional information.--Each application for a 
        grant under section 7114 or 7115 shall--
                  [(A) describe--
                          [(i) current services the applicant 
                        provides to children and youth of 
                        limited-English proficiency;
                          [(ii) what services children and 
                        youth of limited-English proficiency 
                        will receive under the grant that such 
                        children or youth will not otherwise 
                        receive;
                          [(iii) how funds received under this 
                        subpart will be integrated with all 
                        other Federal, State, local, and 
                        private resources that may be used to 
                        serve children and youth of limited-
                        English proficiency;
                          [(iv) specific achievement and school 
                        retention goals for the children and 
                        youth to be served by the proposed 
                        program and how progress toward 
                        achieving such goals will be measured; 
                        and
                          [(v) current family education 
                        programs if applicable; and
                  [(B) provide assurances that--
                          [(i) the program funded will be 
                        integrated with the overall educational 
                        program; and
                          [(ii) the application has been 
                        developed in consultation with an 
                        advisory council, the majority of whose 
                        members are parents and other 
                        representatives of the children and 
                        youth to be served in such programs.
  [(h) Approval of Applications.--An application for a grant 
under this subpart may be approved only if the Secretary 
determines that--
          [(1) the program will use qualified personnel, 
        including personnel who are proficient in the language 
        or languages used for instruction;
          [(2) in designing the program for which application 
        is made, the needs of children in nonprofit private 
        elementary and secondary schools have been taken into 
        account through consultation with appropriate private 
        school officials and, consistent with the number of 
        such children enrolled in such schools in the area to 
        be served whose educational needs are of the type and 
        whose language and grade levels are of a similar type 
        to those which the program is intended to address, 
        after consultation with appropriate private school 
        officials, provision has been made for the 
        participation of such children on a basis comparable to 
        that provided for public school children;
          [(3) student evaluation and assessment procedures in 
        the program are valid, reliable, and fair for limited 
        English proficient students, and that limited English 
        proficient students who are disabled are identified and 
        served in accordance with the requirements of the 
        Individuals with Disabilities Education Act;
          [(4) 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 children of limited English proficient 
        individuals and in no case to supplant such State and 
        local funds, except that nothing in this paragraph 
        shall be construed to preclude a local educational 
        agency from using funds under this title for activities 
        carried out under an order of a court of the United 
        States or of any State respecting services to be 
        provided such children, or to carry out a plan approved 
        by the Secretary as adequate under title VI of the 
        Civil Rights Act of 1964 with respect to services to be 
        provided such children;
          [(5) 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 students of limited-English 
proficiency, and that the applicant will have the resources and 
commitment to continue the program when assistance under this subpart 
is reduced or no longer available; and
          [(6) the applicant provides for utilization of the 
        State and national dissemination sources for program 
        design and in dissemination of results and products.
  [(i) Priorities and Special Rules.--
          [(1) Priority.--The Secretary shall give priority to 
        applications which provide for the development of 
        bilingual proficiency both in English and another 
        language for all participating students.
          [(2) Special alternative instructional program.--
        Grants for special alternative instructional programs 
        under this subpart shall not exceed 25 percent of the 
        funds provided for any type of grant under any section, 
        or of the total funds provided, under this subpart for 
        any fiscal year.
          [(3) Special rule.--Notwithstanding paragraph (2), 
        the Secretary may award grants under this subpart for 
        special alternative instructional programs if an 
        applicant has demonstrated that the applicant cannot 
        develop and implement a bilingual education program for 
        the following reasons:
                  [(A) Where the diversity of the limited 
                English proficient students' native languages 
                and the small number of students speaking each 
                respective language makes bilingual education 
                impractical.
                  [(B) Where, despite documented efforts, the 
                applicant has not been able to hire qualified 
                instructional personnel who are able to 
                communicate in the students' native language.
          [(4) Consideration.--In approving applications under 
        this subpart, the Secretary shall give consideration to 
        the degree to which the program for which assistance is 
        sought involves the collaborative efforts of 
        institutions of higher education, community-based 
        organizations, the appropriate local and State 
        educational agency, or businesses.
          [(5) Due consideration.--The Secretary shall give due 
        consideration to applications providing training for 
        personnel participating in or preparing to participate 
        in the program which will assist such personnel in 
        meeting State and local certification requirements and 
        that, to the extent possible, describe how college or 
        university credit will be awarded for such training.

[SEC. 7117. INTENSIFIED INSTRUCTION.

  [In carrying out this subpart, each grant recipient may 
intensify instruction for limited English proficient students 
by--
          [(1) expanding the educational calendar of the school 
        in which such student is enrolled to include programs 
        before and after school and during the summer months;
          [(2) expanding the use of professional and volunteer 
        aids;
          [(3) applying technology to the course of 
        instruction; and
          [(4) providing intensified instruction through 
        supplementary instruction or activities, including 
        educationally enriching extracurricular activities, 
        during times when school is not routinely in session.

[SEC. 7118. CAPACITY BUILDING.

  [Each recipient of a grant under this subpart shall use the 
grant in ways that will build such recipient's capacity to 
continue to offer high-quality bilingual and special 
alternative education programs and services to children and 
youth of limited-English proficiency once Federal assistance is 
reduced or eliminated.

[SEC. 7119. SUBGRANTS.

  [A local educational agency that receives a grant under this 
subpart may, with the approval of the Secretary, make a 
subgrant to, or enter into a contract with, an institution of 
higher education, a nonprofit organization, or a consortium of 
such entities to carry out an approved program, including a 
program to serve out-of-school youth.

[SEC. 7120. PRIORITY ON FUNDING.

  [The Secretary shall give priority to applications under this 
subpart that describe a program that--
          [(1) enrolls a large percentage or large number of 
        limited English proficient students;
          [(2) takes into account significant increases in 
        limited English proficient children and youth, 
        including such children and youth in areas with low 
        concentrations of such children and youth; and
          [(3) ensures that activities assisted under this 
        subpart address the needs of school systems of all 
        sizes and geographic areas, including rural and urban 
        schools.

[SEC. 7121. COORDINATION WITH OTHER PROGRAMS.

  [In order to secure the most flexible and efficient use of 
Federal funds, any State receiving funds under this subpart 
shall coordinate its program with other programs under this 
Act, the Goals 2000: Educate America Act, and other Acts, as 
appropriate, in accordance with section 14306.

[SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

  [Programs authorized under this part that serve Native 
American children, Native Pacific Island children, and children 
in the Commonwealth of Puerto Rico, notwithstanding any other 
provision of this part, may include programs of instruction, 
teacher training, curriculum development, evaluation, and 
testing designed for Native American children and youth 
learning and studying Native American languages and children 
and youth of limited-Spanish proficiency, except that one 
outcome of such programs serving Native American children shall 
be increased English proficiency among such children.

[SEC. 7123. EVALUATIONS.

  [(a) Evaluation.--Each recipient of funds under this subpart 
shall provide the Secretary with an evaluation, in the form 
prescribed by the Secretary, of such recipient's program every 
two years.
  [(b) Use of Evaluation.--Such evaluation shall be used by a 
grant recipient--
          [(1) for program improvement;
          [(2) to further define the program's goals and 
        objectives; and
          [(3) to determine program effectiveness.
  [(c) Evaluation Components.--Evaluations shall include--
          [(1) how students are achieving the State student 
        performance standards, if any, including data comparing 
        children and youth of limited-English proficiency with 
        nonlimited English proficient children and youth with 
        regard to school retention, academic achievement, and 
        gains in English (and, where applicable, native 
        language) proficiency;
          [(2) program implementation indicators that provide 
        information for informing and improving program 
        management and effectiveness, including data on 
        appropriateness of curriculum in relationship to grade 
        and course requirements, appropriateness of program 
        management, appropriateness of the program's staff 
        professional development, and appropriateness of the 
        language of instruction;
          [(3) program context indicators that describe the 
        relationship of the activities funded under the grant 
        to the overall school program and other Federal, State, 
        or local programs serving children and youth of limited 
        English proficiency; and
          [(4) such other information as the Secretary may 
        require.

[SEC. 7124. CONSTRUCTION.

  [Nothing in this part shall be construed to prohibit a local 
educational agency from serving limited English proficient 
children and youth simultaneously with students with similar 
educational needs, in the same educational settings where 
appropriate.

          [Subpart 2--Research, Evaluation, and Dissemination

[SEC. 7131. AUTHORITY.

  [(a) In General.--The Secretary is authorized to conduct data 
collection, dissemination, research, and ongoing program 
evaluation activities in accordance with the provisions of this 
subpart for the purpose of improving bilingual education and 
special alternative instruction programs for children and youth 
of limited English proficiency.
  [(b) Competitive Awards.--Research and program evaluation 
activities carried out under this subpart shall be supported 
through competitive grants, contracts and cooperative 
agreements awarded institutions of higher education, nonprofit 
organizations, and State and local educational agencies.
  [(c) Administration.--The Secretary shall conduct data 
collection, dissemination, and ongoing program evaluation 
activities authorized by this subpart through the Office of 
Bilingual Education and Minority Language Affairs.

[SEC. 7132. RESEARCH.

  [(a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the Office of 
Educational Research and Improvement in coordination and 
collaboration with the Office of Bilingual Education and 
Minority Language Affairs.
  [(b) Requirements.--Such research activities--
          [(1) shall have a practical application to teachers, 
        counselors, paraprofessionals, school administrators, 
        parents, and others involved in improving the education 
        of limited English proficient students and their 
        families;
          [(2) may include research on effective instructional 
        practices for multilingual classes, and on effective 
        instruction strategies to be used by teachers and other 
        staff who do not know the native language of a limited 
        English proficient child or youth in their classrooms;
          [(3) may include establishing (through the National 
        Center for Education Statistics in consultation with 
        experts in bilingual education, second language 
        acquisition, and English-as-a-second-language) a common 
        definition of ``limited English proficient student'' 
        for purposes of national data collection; and
          [(4) shall be administered by individuals with 
        expertise in bilingual education and the needs of 
        limited English proficient students and their families.
  [(c) Field-Initiated Research.--
          [(1) In general.--The Secretary shall reserve not 
        less than 5 percent of the funds made available to 
        carry out this section for field-initiated research 
        conducted by current or recent recipients of grants 
        under subpart 1 or 2 who have received such grants 
        within the previous five years. Such research may 
        provide for longitudinal studies of students or 
        teachers in bilingual education, monitoring the 
        education of such students from entry in bilingual 
        education through secondary school completion.
          [(2) Applications.--Applicants for assistance under 
        this subsection may submit an application for such 
        assistance to the Secretary at the same time as 
        applications are submitted under subpart 1 or 2. The 
        Secretary shall complete a review of such applications 
        on a timely basis to allow research and program grants 
        to be coordinated when recipients are awarded two or 
        more such grants.
  [(d) Consultation.--The Secretary shall consult with agencies 
and organizations that are engaged in bilingual education 
research and practice, or related research, and bilingual 
education researchers and practitioners to identify areas of 
study and activities to be funded under this section.
  [(e) Data Collection.--The Secretary shall provide for the 
continuation of data collection on limited English proficient 
students as part of the data systems operated by the 
Department.

[SEC. 7133. ACADEMIC EXCELLENCE AWARDS.

  [(a) Awards.--The Secretary may make grants to, and enter 
into contracts and cooperative agreements with, State and local 
educational agencies, nonprofit organizations, and institutions 
of higher education to promote the adoption and implementation 
of bilingual education, special alternative instruction 
programs, and professional development programs that 
demonstrate promise of assisting children and youth of limited 
English proficiency to meet challenging State standards.
  [(b) Applications.--
          [(1) In general.--Each entity desiring an award under 
        this section shall submit an application to the 
        Secretary in such form, at such time, and containing 
        such information and assurances as the Secretary may 
        reasonably require.
          [(2) Peer review.--The Secretary shall use a peer 
        review process, using effectiveness criteria that the 
        Secretary shall establish, to review applications under 
        this section.
  [(c) Use of Funds.--Funds under this section shall be used to 
enhance the capacity of States and local education agencies to 
provide high quality academic programs for children and youth 
of limited English proficiency, which may include--
          [(1) completing the development of such programs;
          [(2) professional development of staff participating 
        in bilingual education programs;
          [(3) sharing strategies and materials; and
          [(4) supporting professional networks.
  [(d) Coordination.--Recipients of funds under this section 
shall coordinate the activities assisted under this section 
with activities carried out by comprehensive regional 
assistance centers assisted under part A of title XIII.

[SEC. 7134. STATE GRANT PROGRAM.

  [(a) State Grant Program.--The Secretary is authorized to 
make an award to a State educational agency that demonstrates, 
to the satisfaction of the Secretary, that such agency, through 
such agency's own programs and other Federal education 
programs, effectively provides for the education of children 
and youth of limited English proficiency within the State.
  [(b) Payments.--The amount paid to a State educational agency 
under subsection (a) shall not exceed 5 percent of the total 
amount awarded to local educational agencies within the State 
under subpart 1 for the previous fiscal year, except that in no 
case shall the amount paid by the Secretary to any State 
educational agency under this subsection for any fiscal year be 
less than $100,000.
  [(c) Use of Funds.--
          [(1) In general.--A State educational agency shall 
        use funds awarded under this section for programs 
        authorized by this section to--
                  [(A) assist local educational agencies in the 
                State with program design, capacity building, 
                assessment of student performance, and program 
                evaluation; and
                  [(B) collect data on the State's limited 
                English proficient populations and the 
                educational programs and services available to 
                such populations.
          [(2) Exception.--States which do not, as of the date 
        of enactment of the Improving America's Schools Act of 
        1994, have in place a system for collecting the data 
        described in subparagraph (B) of paragraph (1) for all 
        students in such State, are not required to meet the 
        requirement of such subparagraph. In the event such 
        State develops a system for collecting data on the 
        educational programs and services available to all 
        students in the State, then such State shall comply 
        with the requirement of paragraph (1)(B).
          [(3) Training.--The State educational agency may also 
        use funds provided under this section for the training 
        of State educational agency personnel in educational 
        issues affecting limited English proficient children 
        and youth.
          [(4) Special rule.--Recipients of funds under this 
        section shall not restrict the provision of services 
        under this section to federally funded programs.
  [(d) State Consultation.--A State educational agency 
receiving funds under this section shall consult with 
recipients of grants under this title and other individuals or 
organizations involved in the development or operation of 
programs serving limited English proficient children or youth 
to ensure that such funds are used in a manner consistent with 
the requirements of this title.
  [(e) Applications.--A State educational agency desiring to 
receive funds under this section shall submit an application to 
the Secretary in such form, at such time, and containing such 
information and assurances as the Secretary may require.
  [(f) Supplement Not Supplant.--Funds made available under 
this section for any fiscal year shall be used by the State 
educational agency to supplement and, to the extent practical, 
to increase to the level of funds that would, in the absence of 
such funds, be made available by the State for the purposes 
described in this section, and in no case to supplant such 
funds.
  [(g) Report to the Secretary.--State educational agencies 
receiving awards under this section shall provide for the 
annual submission of a summary report to the Secretary 
describing such State's use of such funds.

[SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.

  [(a) Establishment.--The Secretary shall establish and 
support the operation of a National Clearinghouse for Bilingual 
Education, which shall collect, analyze, synthesize, and 
disseminate information about bilingual education and related 
programs.
  [(b) Functions.--The National Clearinghouse for Bilingual 
Education shall--
          [(1) be administered as an adjunct clearinghouse of 
        the Educational Resources Information Center 
        Clearinghouses system of clearinghouses supported by 
        the Office of Educational Research and Improvement;
          [(2) coordinate its activities with Federal data and 
        information clearinghouses and dissemination networks 
        and systems;
          [(3) develop a data base management and monitoring 
        system for improving the operation and effectiveness of 
        federally funded bilingual education programs; and
          [(4) develop, maintain, and disseminate, through 
        comprehensive regional assistance centers described in 
        part A of title XIII if appropriate, a listing by 
        geographical area of education professionals, parents, 
        teachers, administrators, community members and others 
        who are native speakers of languages other than English 
        for use as a resource by local educational agencies and 
        schools in the development and implementation of 
        bilingual education programs.

[SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.

  [The Secretary may provide grants for the development, 
publication, and dissemination of high-quality instructional 
materials in Native American and Native Hawaiian languages and 
the language of Native Pacific Islanders and natives of the 
outlying areas for which instructional materials are not 
readily available. The Secretary shall give priority to the 
development of instructional materials in languages indigenous 
to the United States or the outlying areas. The Secretary shall 
also accord priority to applications for assistance under this 
section which provide for developing and evaluating materials 
in collaboration with activities assisted under subparts 1 and 
2 and which are consistent with voluntary national content 
standards and challenging State content standards.

                  [Subpart 3--Professional Development

[SEC. 7141. PURPOSE.

  [The purpose of this subpart is to assist in preparing 
educators to improve the educational services for limited 
English proficient children and youth by supporting 
professional development programs and the dissemination of 
information on appropriate instructional practices for such 
children and youth.

[SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.

  [(a) Purpose.--The purpose of this section is to provide for 
the incorporation of courses and curricula on appropriate and 
effective instructional and assessment methodologies, 
strategies and resources specific to limited English proficient 
students into preservice and inservice professional development 
programs for teachers, pupil services personnel, administrators 
and other education personnel in order to prepare such 
individuals to provide effective services to limited English 
proficient students.
  [(b) Authorization.--
          [(1) Authority.--The Secretary is authorized to award 
        grants to institutions of higher education, local 
        educational agencies, and State educational agencies or 
        to nonprofit organizations which have entered into 
        consortia arrangements with one of such institutions or 
        agencies.
          [(2) Duration.--Each grant under this section shall 
        be awarded for a period of not more than five years.
  [(c) Permissible Activities.--Activities conducted under this 
section may include the development of training programs in 
collaboration with other programs such as programs authorized 
under titles I and II of this Act, and under the Head Start 
Act.

[SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.

  [(a) Purpose.--The purpose of this section is to provide 
for--
          [(1) preservice and inservice professional 
        development for bilingual education teachers, 
        administrators, pupil services personnel, and other 
        educational personnel who are either involved in, or 
        preparing to be involved in, the provision of 
        educational services for children and youth of limited-
        English proficiency; and
          [(2) national professional development institutes 
        that assist schools or departments of education in 
        institutions of higher education to improve the quality 
        of professional development programs for personnel 
        serving, preparing to serve, or who may serve, children 
        and youth of limited-English proficiency.
  [(b) Priority.--The Secretary shall give priority in awarding 
grants under this section to institutions of higher education, 
in consortia with local or State educational agencies, that 
offer degree programs which prepare new bilingual education 
teachers in order to increase the availability of educators to 
provide high-quality education to limited English proficient 
students.
  [(c) Authorization.--
          [(1) The Secretary is authorized to award grants for 
        not more than five years to institutions of higher 
        education which have entered into consortia 
        arrangements with local or State educational agencies 
        to achieve the purposes of this section.
          [(2) The Secretary is authorized to make grants for 
        not more than five years to State and local educational 
        agencies for inservice professional development 
        programs.

[SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.

  [(a) Purpose.--The purpose of this section is--
          [(1) to upgrade the qualifications and skills of 
        noncertified educational personnel, especially 
        educational paraprofessionals, to meet high 
        professional standards, including certification and 
        licensure as bilingual education teachers and other 
        educational personnel who serve limited English 
        proficient students, through collaborative training 
        programs operated by institutions of higher education 
        and local and State educational agencies; and
          [(2) to help recruit and train secondary school 
        students as bilingual education teachers and other 
        educational personnel to serve limited English 
        proficient students.
  [(b) Authorization.--
          [(1) In general.--The Secretary is authorized to 
        award grants for bilingual education career ladder 
        programs to institutions of higher education applying 
        in consortia with local or State educational agencies, 
        which consortia may include community-based 
        organizations or professional education organizations.
          [(2) Duration.--Each grant under this section shall 
        be awarded for a period of not more than five years.
  [(c) Permissive Activities.--Grants awarded under this 
section may be used--
          [(1) for the development of bilingual education 
        career ladder program curricula appropriate to the 
        needs of the consortium participants;
          [(2) to provide assistance for stipends and costs 
        related to tuition, fees and books for enrolling in 
        courses required to complete the degree and 
        certification requirements to become bilingual 
        education teachers; and
          [(3) for programs to introduce secondary school 
        students to careers in bilingual education teaching 
        that are coordinated with other activities assisted 
        under this section.
  [(d) Special Consideration.--The Secretary shall give special 
consideration to applications under this section which provide 
for--
          [(1) participant completion of baccalaureate and 
        master's degree teacher education programs, and 
        certification requirements and may include effective 
        employment placement activities;
          [(2) development of teacher proficiency in English a 
        second language, including demonstrating proficiency in 
        the instructional use of English and, as appropriate, a 
        second language in classroom contexts;
          [(3) coordination with the Federal TRIO programs 
        under chapter 1 of part A of title IV of the Higher 
        Education Act of 1965, the National Mini Corps under 
        subpart 1 of part F of title V of such Act, the Teacher 
        Corps program under subpart 3 of part C of title V of 
        such Act, and the National Community and Service Trust 
        Act of 1993 programs, and other programs for the 
        recruitment and retention of bilingual students in 
        secondary and postsecondary programs to train to become 
        bilingual educators; and
          [(4) the applicant's contribution of additional 
        student financial aid to participating students.

[SEC. 7145. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM.

  [(a) Authorization.--
          [(1) In general.--The Secretary may award fellowships 
        for masters, doctoral, and post-doctoral study related 
        to instruction of children and youth of limited-English 
        proficiency in such areas as teacher training, program 
        administration, research and evaluation, and curriculum 
        development, and for the support of dissertation 
        research related to such study.
          [(2) Number.--For fiscal year 1994 not less than 500 
        fellowships leading to a master's or doctorate degree 
        shall be awarded under this section.
          [(3) Information.--The Secretary shall include 
        information on the operation and the number of 
        fellowships awarded under the fellowship program in the 
        evaluation required under section 7149.
  [(b) Fellowship Requirements.--
          [(1) In general.--Any person receiving a fellowship 
        under this section shall agree to--
                  [(A) work in an activity related to the 
                program or in an activity such as an activity 
                authorized under this part, including work as a 
                bilingual education teacher, for a period of 
                time equivalent to the period of time during 
                which such person receives assistance under 
                this section; or
                  [(B) repay such assistance.
          [(2) Regulations.--The Secretary shall establish in 
        regulations such terms and conditions for such 
        agreement as the Secretary deems reasonable and 
        necessary and may waive the requirement of paragraph 
        (1) in extraordinary circumstances.
  [(c) Priority.--In awarding fellowships under this section 
the Secretary may give priority to institutions of higher 
education that demonstrate experience in assisting fellowship 
recipients find employment in the field of bilingual education.

[SEC. 7146. APPLICATION.

  [(a) In General.--
          [(1) Secretary.--To receive an award under this 
        subpart, an eligible entity shall submit an application 
        to the Secretary at such time, in such form, and 
        containing such information as the Secretary may 
        require.
          [(2) Consultation and assessment.--Each such 
        application shall contain a description of how the 
        applicant has consulted with, and assessed the needs 
        of, public and private schools serving children and 
        youth of limited-English proficiency to determine such 
        school's need for, and the design of, the program for 
        which funds are sought.
          [(3) Special rule.--(A) An application for a grant 
        under subsection (a) from an applicant who proposes to 
        conduct a master's- or doctoral-level program with 
        funds received under this section shall provide an 
        assurance that such program will include, as a part of 
        the program, a training practicum in a local school 
        program serving children and youth of limited-English 
        proficiency.
          [(B) A recipient of a grant under subsection (a) may 
        waive the requirement of a training practicum for a 
        degree candidate with significant experience in a local 
        school program serving children and youth of limited-
        English proficiency.
          [(4) State educational agency.--An eligible entity, 
        with the exception of schools funded by the Bureau of 
        Indian Affairs, shall submit a copy of the application 
        under this subsection to the State educational agency.
  [(b) State Review and Comments.--
          [(1) Deadline.--The State educational agency, not 
        later than 45 days after receipt of such application 
        copy, shall review the application and transmit such 
        application to the Secretary.
          [(2) Comments.--(A) Regarding any application 
        submitted under this subpart, the State educational 
        agency shall--
                  [(i) submit to the Secretary written comments 
                regarding all such applications; and
                  [(ii) submit to each eligible entity the 
                comments that pertain to such entity.
          [(B) For purposes of this subpart, comments shall 
        address how the eligible entity--
                  [(i) will further the academic achievement of 
                limited English proficient students served 
                pursuant to a grant received under this 
                subpart; and
                  [(ii) how the grant application is consistent 
                with the State plan submitted under section 
                1111.
          [(3) Waiver.--Notwithstanding paragraphs (1) and (2), 
        the Secretary is authorized to waive the review 
        requirement if a State educational agency can 
        demonstrate that such review requirement may impede 
        such agency's ability to fulfill the requirements of 
        participation in the State grant program, particularly 
        such agency's data collection efforts and such agency's 
        ability to provide technical assistance to local 
        educational agencies not receiving funds under this 
        Act.
  [(c) Eligible Entity Comments.--An eligible entity may submit 
to the Secretary comments that address the comments submitted 
by the State educational agency.
  [(d) Comment Consideration.--In making awards under this 
subpart the Secretary shall take into consideration comments 
made by a State educational agency.
  [(e) Special Rule.--
          [(1) Outreach and technical assistance.--The 
        Secretary shall provide for outreach and technical 
        assistance to institutions of higher education eligible 
        for assistance under title III of the Higher Education 
        Act of 1965 and institutions of higher education that 
        are operated or funded by the Bureau of Indian Affairs 
        to facilitate the participation of such institutions in 
        activities under this part.
          [(2) Distribution rule.--In making awards under this 
        subpart, the Secretary, consistent with subsection (d), 
        shall ensure adequate representation of Hispanic-
        serving institutions that demonstrate competence and 
        experience in the programs and activities authorized 
        under this subpart and are otherwise qualified.

[SEC. 7147. PROGRAM REQUIREMENTS.

  [Activities conducted under this subpart shall assist 
educational personnel in meeting State and local certification 
requirements for bilingual education and, wherever possible, 
shall lead toward the awarding of college or university credit.

[SEC. 7148. STIPENDS.

  [The Secretary shall provide for the payment of such stipends 
(including allowances for subsistence and other expenses for 
such persons and their dependents), as the Secretary determines 
to be appropriate, to persons participating in training 
programs under this subpart.

[SEC. 7149. PROGRAM EVALUATIONS.

  [Each recipient of funds under this subpart shall provide the 
Secretary with an evaluation of the program assisted under this 
subpart every two years. Such evaluation shall include data 
on--
          [(1) post-program placement of persons trained in a 
        program assisted under this subpart;
          [(2) how the training relates to the employment of 
        persons served by the program;
          [(3) program completion; and
          [(4) such other information as the Secretary may 
        require.

[SEC. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

  [Awards under this subpart may be used to develop a program 
participant's competence in a second language for use in 
instructional programs.

                         [Subpart 4--Transition

[SEC. 7161. SPECIAL RULE.

  [Notwithstanding any other provision of law, no recipient of 
a grant under title VII of this Act (as such title was in 
effect on the day preceding the date of enactment of the 
Improving America's Schools Act of 1994) shall be eligible for 
fourth- and fifth-year renewals authorized by section 
7021(d)(1)(C) of such title (as such section was in effect on 
the day preceding the date of enactment of such Act).]

 TITLE VII--ENGLISH LANGUAGE FLUENCY AND FOREIGN LANGUAGE ACQUISITION 
                                PROGRAMS

                   PART A--ENGLISH LANGUAGE EDUCATION

SEC. 7101. SHORT TITLE.

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

SEC. 7102. FINDINGS AND PURPOSES.

  (a) Findings.--The Congress finds as follows:
          (1) English is the common language of the United 
        States and every citizen and other person residing in 
        the United States should 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) Purposes.--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 for 
English language learners assisted under this Act 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 
        who is an English language learner and is identified 
        for participation in an English language instruction 
        program assisted under this Act--
                  (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;
                  (B) shall select among methods of 
                instruction, if more than one method is offered 
                in the program; and
                  (C) shall have their child removed from the 
                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 (1974), 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 for English language learners assisted 
under this Act 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 English language 
        instruction programs for English language learners 
        assisted under this Act; 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 with or grant from 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 with or 
        grant from 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.
                  (D) Providing bonuses to subgrantees whose 
                performance has been exceptional in terms of 
                the speed with which children and youth 
                enrolled in the subgrantee's programs and 
                activities attain English language proficiency.
          (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 in all 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 from 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.--
          (1) In general.--Subject to paragraph (2), 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:
                  (A) Developing and implementing comprehensive 
                preschool or elementary or secondary school 
                English language instructional programs that 
                are coordinated with other relevant programs 
                and services.
                  (B) 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.
                  (C) Improving the program for children and 
                youth who are English language learners, 
                immigrant children and youth, or both.
                  (D) 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.
                  (E) Such other activities, related to the 
                purpose of the subgrant, as the State may 
                approve.
          (2) Moving children out of specialized classrooms.--
        Any program or activity undertaken by an eligible 
        entity using a subgrant from a State under this chapter 
        shall be designed to assist students enrolled in the 
        program or activity to move into a classroom where 
        instruction is not tailored for English language 
        learners or immigrant children and youth--
                  (A) by the end of the first grade, in the 
                case of students enrolling when they are in 
                kindergarten; or
                  (B) by the end of their second academic year 
                of enrollment, in the case of other students.
          (3) Maximum enrollment period.--An eligible entity 
        may not use funds received from a State under this 
        chapter to provide instruction or assistance to any 
        individual who has been enrolled for a period exceeding 
        3 years in a program or activity undertaken by the 
        eligible entity under this section.
  (c) Selection of Method of Instruction.--To receive a 
subgrant from a State under this chapter, an eligible entity 
shall select one or more methods or forms of English language 
instruction to be used in the programs and activities 
undertaken by the entity to assist English language learners 
and immigrant children and youth to achieve English fluency. 
Such selection shall be consistent with the State's law, 
including State constitutional law.
  (d) Duration of Subgrants.--The duration of a subgrant made 
by a State under this section shall be determined by the State 
in its discretion.
  (e) 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) Requirements for 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 who have appropriate training and 
                professional credentials in teaching English to 
                children and youth who are English language 
                learners and immigrant children and youth;
                  (B) in designing the programs and activities 
                proposed in the application, the needs of 
                children enrolled in 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 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;
                  (D) the eligible entity has based its 
                proposal on sound research and theory; and
                  (E) the eligible entity has described in the 
                application how students enrolled in the 
                programs and activities proposed in the 
                application will be taught English--
                          (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.
          (4) Quality.--In determining which applications to 
        select for approval, a State shall consider the quality 
        of each application.
  (f) 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) have achieved a working 
                        knowledge of the English language that 
                        is sufficient to permit them to 
                        perform, in English, regular classroom 
                        work; 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) Use of State Data for Determinations.--For purposes of 
subsections (a) and (c), any determination of the number of 
children and youth who are English language learners and reside 
in a State shall be made using the most recent English language 
learner school enrollment data available to, and reported to 
the Secretary by, the State. For purposes of such subsections, 
any determination of the number of immigrant children and youth 
who reside in a State shall made using the most recent data 
available to, and reported to the Secretary by, the State.
  (e) No Reduction Permitted Based on Teaching Method.--The 
Secretary may not reduce a State's allotment based on the 
State's selection of the immersion method of instruction as its 
preferred method of teaching the English language to children 
and youth who are English language learners or immigrant 
children and youth.

SEC. 7125. CONSTRUCTION.

  Nothing in this chapter shall be construed as requiring a 
State or a local educational agency to establish, continue, or 
eliminate 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 
solely on any one method of instruction.

           *       *       *       *       *       *       *


             [PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM

[SEC. 7301. FINDINGS AND PURPOSE.

  [(a) Findings.--The Congress finds that--
          [(1) the education of our Nation's children and youth 
        is one of the most sacred government responsibilities;
          [(2) local educational agencies have struggled to 
        fund adequately education services;
          [(3) in the case of Plyler v. Doe, the Supreme Court 
        held that States have a responsibility under the Equal 
        Protection Clause of the Constitution to educate all 
        children, regardless of immigration status; and
          [(4) immigration policy is solely a responsibility of 
        the Federal Government.
  [(b) Purpose.--The purpose of this part is to assist eligible 
local educational agencies that experience unexpectedly large 
increases in their student population due to immigration to--
          [(1) provide high-quality instruction to immigrant 
        children and youth; and
          [(2) help such children and youth--
                  [(A) with their transition into American 
                society; and
                  [(B) meet the same challenging State 
                performance standards expected of all children 
                and youth.

[SEC. 7302. STATE ADMINISTRATIVE COSTS.

  [For any fiscal year, a State educational agency may reserve 
not more than 1.5 percent of the amount allocated to such 
agency under section 7304 to pay the costs of performing such 
agency's administrative functions under this part.

[SEC. 7303. WITHHOLDING.

  [Whenever the Secretary, after providing reasonable notice 
and opportunity for a hearing to any State educational agency, 
finds that there is a failure to meet the requirement 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. 7304. STATE ALLOCATIONS.

  [(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State 
educationalagencies for each of the fiscal years 1995 through 1999 for 
the purpose set forth in section 7301(b).
  [(b) Allocations.--
          [(1) In general.--Except as provided in subsections 
        (c) and (d), of the amount appropriated for each fiscal 
        year for this part, each State participating in the 
        program assisted under this part shall receive an 
        allocation equal to the proportion of such State's 
        number of immigrant children and youth who are enrolled 
        in public elementary or secondary schools under the 
        jurisdiction of each local educational agency described 
        in paragraph (2) within such State, and in nonpublic 
        elementary or secondary schools within the district 
        served by each such local educational agency, relative 
        to the total number of immigrant children and youth so 
        enrolled in all the States participating in the program 
        assisted under this part.
          [(2) Eligible local educational agencies.--The local 
        educational agencies referred to in paragraph (1) are 
        those local educational agencies in which the sum of 
        the number of immigrant children and youth who are 
        enrolled in public elementary or secondary schools 
        under the jurisdiction of such agencies, and in 
        nonpublic elementary or secondary 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 500; or
                  [(B) at least 3 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 and Youth.--
          [(1) In general.--Determinations by the Secretary 
        under this section for any period with respect to the 
        number of immigrant children and youth 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) Special rule.--No such determination with 
        respect to the number of immigrant children and youth 
        shall operate because of an underestimate or 
        overestimate to deprive any State educational agency of 
        the allocation under this section that such State would 
        otherwise have received 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 one 
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 any 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.
  [(e) Reservation of Funds.--
          [(1) In general.--Notwithstanding any other provision 
        of this part, if the amount appropriated to carry out 
        this part exceeds $50,000,000 for a fiscal year, a 
        State educational agency may reserve not more than 20 
        percent of such agency's payment under this part for 
        such year to award grants, on a competitive basis, to 
        local educational agencies within the State as follows:
                  [(A) At least one-half of such grants shall 
                be made available to eligible local educational 
                agencies (as described in subsection (b)(2)) 
                within the State with the highest numbers and 
                percentages of immigrant children and youth.
                  [(B) Funds reserved under this paragraph and 
                not made available under subparagraph (A) may 
                be distributed to local educational agencies 
                within the State experiencing a sudden influx 
                of immigrant children and youth which are 
                otherwise not eligible for assistance under 
                this part.
          [(2) Use of grant funds.--Each local educational 
        agency receiving a grant under paragraph (1) shall use 
        such grant funds to carry out the activities described 
        in section 7307.
          [(3) Information.--Local educational agencies with 
        the highest number of immigrant children and youth 
        receiving funds under paragraph (1) may make 
        information available on serving immigrant children and 
        youth to local educational agencies in the State with 
        sparse numbers of such children.

[SEC. 7305. STATE APPLICATIONS.

  [(a) Submission.--No State educational agency shall receive 
any payment under this part for any fiscal year unless such 
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 sections 7301 
        and 7307, including a description of how local 
        educational agencies receiving funds under this part 
        will use such funds to meet such purposes and will 
        coordinate with other programs assisted under this Act, 
        the Goals 2000: Educate America Act, and other Acts as 
        appropriate;
          [(3) provide an assurance that local educational 
        agencies receiving funds under this part will 
        coordinate the use of such funds with programs assisted 
        under part A or title I;
          [(4) provide assurances that such payments, with the 
        exception of payments reserved under section 7304(e), 
        will be distributed among local educational agencies 
        within that State on the basis of the number of 
        immigrant children and youth counted with respect to 
        each such local educational agency under section 
        7304(b)(1);
          [(5) 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;
          [(6) provide for making such reports as the Secretary 
        may reasonably require to perform the Secretary's 
        functions under this part;
          [(7) provide assurances--
                  [(A) that to the extent consistent with the 
                number of immigrant children and youth enrolled 
                in the nonpublic elementary or secondary 
                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 such 
                children and youth secular, neutral, and 
                nonideological services, materials, and 
                equipment necessary for the education of such 
                children and youth;
                  [(B) that the control of funds provided under 
                this part 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 nonpublic elementary or 
                secondary 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;
          [(8) provide that funds reserved under subsection (e) 
        of section 7304 be awarded on a competitive basis based 
        on merit and need in accordance with such subsection; 
        and
          [(9) provide an assurance that State and local 
        educational agencies receiving funds under this part 
        will comply with the requirements of section 1120(b).
  [(b) Application Review.--
          [(1) In general.--The Secretary shall review all 
        applications submitted pursuant to this section by 
        State educational agencies.
          [(2) Approval.--The Secretary shall approve any 
        application submitted by a State educational agency 
        that meets the requirements of this section.
          [(3) Disapproval.--The Secretary shall disapprove any 
        application submitted by a State educational agency 
        which does not meet the requirements of this section, 
        but shall not finally disapprove an application except 
        after providing reasonable notice, technical 
        assistance, and an opportunity for a hearing to the 
        State.

[SEC. 7306. ADMINISTRATIVE PROVISIONS.

  [(a) Notification of Amount.--The Secretary, not later than 
June 1 of each year, shall notify each State educational agency 
that has an application approved under section 7305 of the 
amount of such agency's allocation under section 7304 for the 
succeeding year.
  [(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 7305(a)(7), 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, subject to the requirements of this part, to such 
children. Such waivers shall be subject to consultation, 
withholding, notice, and judicial review requirements in 
accordance with the provisions of title I.

[SEC. 7307. USES OF FUNDS.

  [(a) Use of Funds.--Funds awarded under this part shall be 
used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include--
          [(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
          [(2) salaries of personnel, including teacher aides 
        who have been specifically trained, or are being 
        trained, to provide services to immigrant children and 
        youth;
          [(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
          [(4) identification and acquisition of curricular 
        materials, educational software, and technologies to be 
        used in the program;
          [(5) basic instructional services which are directly 
        attributable to the presence in the school district 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; and
          [(6) such other activities, related to the purposes 
        of this part, as the Secretary may authorize.
  [(b) Consortia.--A local educational agency that receives a 
grant under this part may collaborate or form a consortium with 
one or more local educational agencies, institutions of higher 
education, and nonprofit organizations to carry out the program 
described in an application approved under this part.
  [(c) Subgrants.--A local educational agency that receives a 
grant under this part may, with the approval of the Secretary, 
make a subgrant to, or enter into a contract with, an 
institution of higher education, a nonprofit organization, or a 
consortium of such entities to carry out a program described in 
an application approved under this part, including a program to 
serve out-of-school youth.
  [(d) Construction.--Nothing in this part shall be construed 
to prohibit a local educational agency from serving immigrant 
children simultaneously with students with similar educational 
needs, in the same educational settings where appropriate.

[SEC. 7308. REPORTS.

  [(a) Biennial Report.--Each State educational agency 
receiving funds under this part shall submit, once every two 
years, 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, once 
every two years, a report to the appropriate committees of the 
Congress concerning programs assisted under this part in 
accordance with section 14701.

[SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.

  [For the purpose of carrying out this part, there are 
authorized to be appropriated $100,000,000 for fiscal year 1995 
and such sums as may be necessary for each of the four 
succeeding fiscal years.

                        [PART D--ADMINISTRATION

[SEC. 7401. RELEASE TIME.

  [The Secretary shall allow professional development programs 
funded under part A to use funds provided under part A for 
professional release time to enable individuals to participate 
in programs assisted under part A.

[SEC. 7402. EDUCATION TECHNOLOGY.

  [Funds made available under part A may be used to provide for 
the acquisition or development of education technology or 
instructional materials, including authentic materials in 
languages other than English, access to and participation in 
electronic networks for materials, training and communications, 
and incorporation of such resources in curricula and programs 
such as those funded under this title.

[SEC. 7403. NOTIFICATION.

  [The State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 
three working days of the date an award under part A is made to 
an eligible entity within the State.

[SEC. 7404. CONTINUED ELIGIBILITY.

  [Entities receiving grants under this title shall remain 
eligible for grants for subsequent activities which extend or 
expand and do not duplicate those activities supported by a 
previous grant under this title. In considering applications 
for grants under this title, the Secretary shall take into 
consideration the applicant's record of accomplishments under 
previous grants under this title.

[SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.

  [(a) Coordination With Related Programs.--In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited-English proficiency, the 
Secretary shall coordinate and ensure close cooperation with 
other programs serving language-minority and limited English 
proficient students that are administered by the Department and 
other agencies. The Secretary shall consult with the Secretary 
of Labor, the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Attorney General and the heads of 
other relevant agencies to identify and eliminate barriers to 
appropriate coordination of programs that affect language-
minority and limited English proficient students and their 
families. The Secretary shall provide for continuing 
consultation and collaboration, between the Office and relevant 
programs operated by the Department, including programs under 
title I and other programs under this Act, in planning, 
contracts, providing joint technical assistance, providing 
joint field monitoring activities and in other relevant 
activities to ensure effective program coordination to provide 
high quality education opportunities to all language-minority 
and limited English proficient students.
  [(b) Data.--The Secretary shall, to the extent feasible, 
ensure that all data collected by the Department shall include 
the collection and reporting of data on limited English 
proficient students.
  [(c) Publication of Proposals.--The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under part A.
  [(d) Report.--The Director shall prepare and, not later than 
February 1 of every other year, shall submit to the Secretary 
and to the Committee on Labor and Human Resources of the Senate 
and to the Committee on Education and Labor of the House of 
Representatives a report on--
          [(1) the activities carried out under this title and 
        the effectiveness of such activities in improving the 
        education provided to limited English proficient 
        children and youth;
          [(2) a critical synthesis of data reported by the 
        States pursuant to section 7134;
          [(3) an estimate of the number of certified bilingual 
        education personnel in the field and an estimate of the 
        number of bilingual education teachers which will be 
        needed for the succeeding five fiscal years;
          [(4) the major findings of research carried out under 
        this title; and
          [(5) recommendations for further developing the 
        capacity of our Nation's schools to educate effectively 
        limited English proficient students.

                      [PART E--GENERAL PROVISIONS

[SEC. 7501. DEFINITIONS; REGULATIONS.

  [Except as otherwise provided, for purposes of this title--
          [(1) Bilingual education program.--The term 
        ``bilingual education program'' means an educational 
        program for limited English proficient students that--
                  [(A) makes instructional use of both English 
                and a student's native language;
                  [(B) enables limited English proficient 
                students to achieve English proficiency and 
                academic mastery of subject matter content and 
                higher order skills, including critical 
                thinking, so as to meet age-appropriate grade-
                promotion and graduation standards in concert 
                with the National Education Goals;
                  [(C) may also develop the native language 
                skills of limited English proficient students, 
                or ancestral languages of American Indians, 
                Alaska Natives, Native Hawaiians and native 
                residents of the outlying areas; and
                  [(D) may include the participation of 
                English-proficient students if such program is 
                designed to enable all enrolled students to 
                become proficient in English and a second 
                language.
          [(2) Children and youth.--The term ``children and 
        youth'' means individuals aged 3 through 21.
          [(3) 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 Native Hawaiian 
        organizations including Native Hawaiian Educational 
        Organizations as such term is defined in section 4009 
        of the Augustus F. Hawkins-Robert T. Stafford 
        Elementary and Secondary School Improvement Amendments 
        of 1988 (20 U.S.C. 4901 et seq.), as such Act was in 
        effect on the day preceding the date of enactment of 
        the Improving America's Schools Act of 1994.
          [(4) Community college.--The term ``community 
        college'' means an institution of higher education as 
        defined in section 1201(a) of the Higher Education Act 
        of 1965 which provides not less than a two-year program 
        which is acceptable for full credit toward a bachelor's 
        degree, including institutions receiving assistance 
        under the Tribally Controlled Community College 
        Assistance Act of 1978.
          [(5) Director.--The term ``Director'' means the 
        Director of the Office of Bilingual Education and 
        Minority Languages Affairs established under section 
        210 of the Department of Education Organization Act.
          [(6) Family education program.--(A) The term ``family 
        education program'' means a bilingual education or 
        special alternative instructional program that--
                  [(i) is designed--
                          [(I) to help limited English 
                        proficient adults and out-of-school 
                        youths achieve proficiency in the 
                        English language; and
                          [(II) to provide instruction on how 
                        parents and family members can 
                        facilitate the educational achievement 
                        of their children;
                  [(ii) when feasible, uses instructional 
                programs such as the models developed under the 
                Even Start Family Literacy Programs, which 
                promote adult literacy and train parents to 
                support the educational growth of their 
                children and the Parents as Teachers Program 
                and the Home Instruction Program for Preschool 
                Youngsters; and
                  [(iii) gives preference to participation by 
                parents and immediate family members of 
                children attending school.
          [(B) Such term may include programs that provide 
        instruction to facilitate higher education and 
        employment outcomes.
          [(7) 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 been attending one or more 
                schools in any one or more States for more than 
                three full academic years.
          [(8) Limited english proficiency and limited english 
        proficient.--The terms ``limited English proficiency'' 
        and ``limited English proficient'', when used with 
        reference to an individual, mean an individual--
                  [(A) who--
                          [(i) was not born in the United 
                        States or whose native language is a 
                        language other than English and comes 
                        from an environment where a language 
                        other than English is dominant; or
                          [(ii) is a Native American or Alaska 
                        Native or who is a native resident of 
                        the outlying areas and comes from an 
                        environment where a language other than 
                        English has had a significant impact on 
                        such individual's level of English 
                        language proficiency; or
                          [(iii) is migratory and whose native 
                        language is other than English and 
                        comes from an environment where a 
                        language other than English is 
                        dominant; and
                  [(B) who has sufficient difficulty speaking, 
                reading, writing, or understanding the English 
                language and whose difficulties may deny such 
                individual the opportunity to learn 
                successfully in classrooms where the language 
                of instruction is English or to participate 
                fully in our society.
          [(9) Native american and native american language.--
        The terms ``Native American'' and ``Native American 
        language'' shall have the same meaning given such terms 
        in section 103 of the Native American Languages Act of 
        1990.
          [(10) 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 with a majority of its 
        governing board and employees consisting of fluent 
        speakers of the traditional Native American languages 
        used in their educational programs and with not less 
        than five years successful experience in providing 
        educational services in traditional Native American 
        languages.
          [(11) Native language.--The term ``native language'', 
        when used with reference to an individual of limited-
        English proficiency, means the language normally used 
        by such individual, or in the case of a child or youth, 
        the language normally used by the parents of the child 
        or youth.
          [(12) Office.--The term ``Office'' means the Office 
        of Bilingual Education and Minority Languages Affairs.
          [(13) Other programs for persons of limited-english 
        proficiency.--The term ``other programs for persons of 
        limited-English proficiency'' means any programs 
        administered by the Secretary that serve persons of 
        limited-English proficiency.
          [(14) Paraprofessional.--The term 
        ``paraprofessional'' means an individual who is 
        employed in preschool, elementary or secondary school 
        under the supervision of a certified or licensed 
        teacher, including individuals employed in bilingual 
        education, special education and migrant education.
          [(15) Special alternative instructional program.--The 
        term ``special alternative instructional program'' 
        means an educational program for limited English 
        proficient students that--
                  [(A) utilizes specially designed English 
                language curricula and services but does not 
                use the student's native language for 
                instructional purposes;
                  [(B) enables limited English proficient 
                students to achieve English proficiency and 
                academic mastery of subject matter content and 
                higher order skills, including critical 
                thinking so as to meet age-appropriate grade-
                promotion and graduation standards in concert 
                with the National Education Goals; and
                  [(C) is particularly appropriate for schools 
                where the diversity of the limited English 
                proficient students' native languages and the 
                small number of students speaking each 
                respective language makes bilingual education 
                impractical and where there is a critical 
                shortage of bilingual education teachers.

[SEC. 7502. REGULATIONS AND NOTIFICATION.

  [(a) Regulation Rule.--In developing regulations under this 
title, the Secretary shall consult with State and local 
educational agencies, organizations representing limited 
English proficient individuals, and organizations representing 
teachers and other personnel involved in bilingual education.
  [(b) Parental Notification.--
          [(1) In general.--Parents of children and youth 
        participating in programs assisted under part A shall 
        be informed of--
                  [(A) a student's level of English 
                proficiency, how such level was assessed, the 
                status of a student's academic achievement and 
                the implications of a student's educational 
                strengths and needs for age and grade 
                appropriate academic attainment, promotion, and 
                graduation;
                  [(B) what programs are available to meet the 
                student's educational strengths and needs and 
                how the programs differ in content and 
                instructional goals, and in the case of a 
                student with a disability, how the program 
                meets the objectives of a student's 
                individualized education program; and
                  [(C) the instructional goals of the bilingual 
                education or special alternative instructional 
                program, and how the program will specifically 
                help the limited English proficient student 
                acquire English and meet age-appropriate 
                standards for grade-promotion and graduation, 
                including--
                          [(i) the benefits, nature, and past 
                        academic results of the bilingual 
                        educational program and of the 
                        instructional alternatives; and
                          [(ii) the reasons for the selection 
                        of their child as being in need of 
                        bilingual education.
          [(2) Option to decline.--(A) Such parents shall also 
        be informed that such parents have the option of 
        declining enrollment of their children and youth in 
        such programs and shall be given an opportunity to so 
        decline if such parents so choose.
          [(B) A local educational agency shall not be relieved 
        of any of its obligations under title VI of the Civil 
        Rights Act of 1964 because parents choose not to enroll 
        their children in bilingual education programs.
          [(3) Receipt of information.--Such parents shall 
        receive, in a manner and form understandable to such 
        parents, including, if necessary and to the extent 
        feasible, in the native language of such parents, the 
        information required by this subsection. At a minimum, 
        such parents shall receive--
                  [(A) timely information about projects funded 
                under part A; and
                  [(B) if the parents of participating children 
                so desire, notice of opportunities for regular 
                meetings for the purpose of formulating and 
                responding to recommendations from such 
                parents.
          [(4) Special rule.--Students shall not be admitted to 
        or excluded from any federally assisted education 
        program merely on the basis of a surname or language-
        minority status.]

                         PART C--ADMINISTRATION

SEC. 7301. REPORTING REQUIREMENTS.

  (a) States.--Based upon the evaluations provided to a State 
under section 7123(f), each State receiving a grant under this 
title annually shall report to the Secretary 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.
  (b) 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 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.

                       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) aged 3 through 21;
                  (B) who--
                          (i) was not born in the United 
                        States; or
                          (ii) comes from an environment where 
                        a language other than English is 
                        dominant and who normally uses a 
                        language other than English; and
                  (C) 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; native american language.--The 
        terms ``Native American'' and ``Native American 
        language'' have the meanings 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 in 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. 7404. RELEASE FROM COMPLIANCE AGREEMENTS.

  Notwithstanding section 7403, any compliance agreement 
entered into between a State, locality, or local educational 
agency and the Department of Health, Education, and Welfare or 
the Department of Education, that requires such State, 
locality, or local educational agency to develop, implement, 
provide, or maintain any form of bilingual education, is void.

SEC. 7405. RULEMAKING ON OFFICE OF CIVIL RIGHTS GUIDELINES AND 
                    COMPLIANCE STANDARDS.

  (a) In General.--In accordance with subchapter II of chapter 
5 of part I of title 5, United States Code, the Secretary--
          (1) shall publish in the Federal Register a notice of 
        proposed rulemaking with respect to the enforcement 
        guidelines and compliance standards of the Office of 
        Civil Rights of the Department of Education that apply 
        to a program or activity to provide English language 
        instruction to English language learners that is 
        undertaken by a State, locality, or local educational 
        agency;
          (2) shall undertake a rulemaking pursuant to such 
        notice; and
          (3) shall promulgate a final rule pursuant to such 
        rulemaking on the record after opportunity for an 
        agency hearing.
  (b) Effect of Rulemaking on Compliance Agreements.--The 
Secretary may not enter into any compliance agreement after the 
date of the enactment of this section pursuant to a guideline 
or standard described in subsection (a)(1) with an entity 
described in such subsection until the Secretary has 
promulgated the final rule described in subsection (a)(3).

SEC. 7406. REQUIREMENT FOR STATE STANDARDIZED TESTING IN ENGLISH.

  (a) Requirement.--In the case of a State receiving a grant 
under this title that administers a State standardized test to 
elementary or secondary school children in the State, the State 
shall not exempt a child from the requirement that the test be 
administered in English, on the ground that the child is an 
English language learner, if the child--
          (1) has resided, throughout the 3-year period ending 
        on the date the test is administered, in a geographic 
        area that is under the jurisdiction of only one local 
        educational agency; and
          (2) has received educational services from such local 
        educational agency throughout such 3-year period 
        (excluding any period in which such services are not 
        provided in the ordinary course).
  (b) In General.--Notwithstanding any other provision of this 
title, if a State fails to fulfill the requirement of 
subsection (a), the Secretary shall withhold, in accordance 
with section 455 of the General Education Provisions Act, all 
funds otherwise made available to the State under this title, 
until the State remedies such failure.

           *       *       *       *       *       *       *


TITLE XIV--GENERAL PROVISIONS

           *       *       *       *       *       *       *


 PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
AND APPLICATIONS

           *       *       *       *       *       *       *


SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS UNDER THE 
                    GOALS 2000: EDUCATE AMERICA ACT.

  (a) * * *
  (b) Local Plans.--
          (1) In general.--Each local educational agency plan 
        submitted under the following programs shall be 
        integrated with each other and its local improvement 
        plan, if any, either approved or being developed, under 
        title III of the Goals 2000: Educate America Act:
                  (A) Part A of title I (helping disadvantaged 
                children meet high standards).
                  (B) Title II (professional development).
                  (C) Title IV (safe and drug-free schools).
                  (D) Subpart 4 of part A of title IX (Indian 
                education).
                  (E) [Subpart 1 of part A of title VII 
                (bilingual education).] Chapter 2 of subpart 1 
                of part A of title VII (English language 
                education).

           *       *       *       *       *       *       *

                              ----------                              


DEPARTMENT OF EDUCATION ORGANIZATION ACT

           *       *       *       *       *       *       *


                            TABLE OF CONTENTS

Sec. 1. Short title; table of contents.

                TITLE II--ESTABLISHMENT OF THE DEPARTMENT

Sec. 201. Establishment.
     * * * * * * *
Sec. 209. [Office of Bilingual Education and Minority Languages Affairs] 
          Office of English Language Acquisition.
     * * * * * * *
Sec. 216. [Office of Bilingual Education and Minority Languages Affairs] 
          Office of English Language Acquisition.
     * * * * * * *

 [office of bilingual education and minority languages affairs] office 
                    of english language acquisition

  Sec. 209. There shall be in the Department an [Office of 
Bilingual Education and Minority Languages Affairs] Office of 
English Language Acquisition, to be administered by a Director 
of Bilingual Education and Minority Languages Affairs, who 
shall be appointed by the Secretary. The Director shall 
coordinate the administration of bilingual education programs 
by the Department and shall consult with the Secretary 
concerning policy decisions affecting bilingual education and 
minority languages affairs. The Director shall report directly 
to the Secretary, and shall perform such additional functions 
as the Secretary may prescribe.

           *       *       *       *       *       *       *


SEC. 216. [OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES 
                    AFFAIRS] OFFICE OF ENGLISH LANGUAGE ACQUISITION.

  (a) Establishment.--There shall be, in the Department, an 
[Office of Bilingual Education and Minority Languages Affairs] 
Office of English Language Acquisition through which the 
Secretary shall carry out functions relating to bilingual 
education.
  (b) Director.--
          (1) In general.--The Office shall be headed by a 
        Director of Bilingual Education and Minority Languages 
        Affairs, appointed by the Secretary, to whom the 
        Secretary shall delegate all delegable functions 
        relating to bilingual education. The Director shall 
        also be assigned responsibility for recommending 
        improvements and providing technical assistance to 
        other Federal programs serving language-minority and 
        limited-English-proficient students and their families 
        and for assisting the Assistant Secretary of the Office 
        of Educational Research and Improvement in identifying 
        research priorities which reflect the needs of 
        language-minority and limited-English language 
        proficient students.

           *       *       *       *       *       *       *


               SUPPLEMENTAL VIEWS OF CONGRESSMAN RON PAUL

    Members of Congress who believe in restoring constitutional 
government and local control over educational should support 
the English Language Fluency Act (HR 3892), if for no other 
reason than HR 3892's provisions void compliance agreements 
between the Department of Education and local school districts. 
Contrary to what the name implies, compliance agreements are 
the means by which the federal government has forced 288 
schools to adopt the model of bilingual education favored by 
the federal bureaucrats in complete disregard of the wishes of 
the people in those communities.
    The English Language Fluency Act also improves current law 
by changing the formula by which schools receive federal 
bilingual funds from a competitive to a formula grant. 
Competitive grants are a fancy term for forcing states and 
localities to conform to federal dictates before the federal 
government returns to them some of the monies unjustly taken 
from the American people. Formula grants allow states and 
localities greater flexibility in designing their own education 
programs and thus are preferable to competitive grants.
    However, believers in constitutional government should 
offer only qualified support for HR 3892 since this bill does 
continue the federal government's unconstitutional involvement 
in bilingual education as well as impose unconstitutional 
directives on the states. For example, the English Language 
Fluency Act requires states to monitor and file biannual 
reports to the Federal Government on the progress of students 
in federally-funded bilingual education programs. Furthermore, 
localities receiving monies under this program must submit 
evaluations to the states. Treating the states as mere 
administrative units of the federal government blatantly 
ignores the 10th amendment to the United States Constitution.
    Despite these reservations, the English Language Fluency 
Act deserves the support of those who wish to reduce federal 
micro-management of America's schools, as it does repeal those 
federal laws and mandates which force states and localities to 
adopt a specific bilingual education program. However, this 
legislation is merely the first step toward restoring the 
constitutional autonomy of states and local governments to best 
decide how to educate students for whom English is a second 
language.

                                   Ron Paul.

                             MINORITY VIEWS

    Since 1969, the Bilingual Education Act has enabled 
thousands of schools to create, improve, and sustain 
instructional programs for LEP (limited English proficiency) 
students. The success is attributable to both direct grants to 
LEAs and from grants to SEAs which have enabled states to 
establish offices concerned with improving services to LEP 
students.
    Studies demonstrate that the Act has succeeded in boosting 
academic services after federal funding ends, because states 
have adopted assessment procedures, hired instructional aids, 
and sustained support for promoting student-directed learning. 
Currently, some 25 states now have laws requiring appropriate 
services for LEP students, and 22 other states encourage 
districts to provide special instructional services.
    Many states have used Federal bilingual education 
assistance to create successful projects. For example:
    Project Wolf at White Oak Public Schools in Oklahoma has 
produced dramatic gains in scores on the Iowa Test of Basic 
Skills. One class of third graders had ranked so low on these 
tests for two years that the State educational agency was 
poised to intervene. However, the project succeeded in raising 
scores of these students to the 60th percentile on this 
nationally normed test, eliminating the need for intervention.
    Project Access at San Dieguito Union High School District 
in Encinitas, California serves 120 limited English proficient 
students in grades 7-12. Approximately 75 percent of the 
formerly LEP students who graduated from the high school will 
be attending college.
    Project Mariposa at Ysleta Independent School District in 
Texas has been so successful in its two-way bilingual program, 
which develops proficiency in both English and Spanish, that 
the board of trustees and superintendent changed the district's 
vision statement to read, ``all students who enroll in our 
schools will graduate from high school fully bilingual and 
prepared to enter a four-year college or university.'' Ysleta 
has succeeded in boosting the passage rates for all students in 
the district on statewide reading and math exams from 26 
percent to 55 percent over the past three years.
    We believe that the ability to speak the English language 
is vitally important for all individuals to have an opportunity 
to succeed in today's American society. Without a good command 
of the English language, individuals are more likely to become 
reliant onour social welfare system, and may significantly 
limit their educational and economic opportunities.
    We believe that H.R. 3892 weakens federal support for local 
bilingual education programs and jeopardizes the civil rights 
of limited English proficient (LEP) individuals. We note that 
the Majority made no effort to consult members of the Minority 
in drafting the bill, and made no effort to work in a 
bipartisan manner. This hastily drafted measure, approved on 
June 4th to coincide with the passage of California's bilingual 
education initiative, is more about political grandstanding 
instead of a serious effort to reform.
    We also note that in a May 20th letter to the Committee, 
the Hispanic Education Coalition expressed its opposition to 
the bill: ``H.R. 3892 would severely jeopardize the efforts of 
hundreds of school districts with successful innovative and 
effective programs that help language-minority children excel 
in all of their subjects while they learn the English 
language.''

Education issues

    This legislation restructures the current competitive grant 
into a block grant program to the States. Education Secretary 
Riley has sharply criticized this change:

          The bill would replace the current competitive 
        bilingual education program with a formula-based, State 
        block grant. This block grant approach is problematic 
        because funds would not be targeted, as is now the 
        case, on the school districts with the greatest need 
        for funds and the highest quality programs. In 
        addition, reliable data for an equitable allocation 
        formula do not currently exist, and there are no 
        provisions (such as maintenance of effort of 
        supplanting provisions) to prevent States and school 
        districts from simply reducing their financial support 
        for these students because of the availability of 
        Federal funds (June 4 letter from Secretary Riley to 
        Chairman Goodling).

    In addition to these concerns, we question the feasibility 
of this change to ensure positive programmatic outcomes, given 
the current underfunding of Title VI. Mr. Anthony Trujillo, 
Superintendent, Ysleta IAD, testified during the second of only 
two hearings on this subject, that H.R. 3892 would negatively 
impact districts such as his and jeopardize the enormously 
positive efforts many districts have made towards educating LEP 
children. Ysleta IAD has outscored all the urban school 
districts in Texas on the Texas Assessment of Academic Skills 
Test (TAAS), despite their high percentage of LEP children.
    H.R. 3892 would also eliminate professional development 
programs from the current Title VII statute and require parents 
to sign a permission form prior to their child receiving 
bilingual instruction. By eliminating programs that focus on 
the preparation of teachers, the bill could exacerbate the 
current shortage of qualified bilingual and English-as-a-second 
language teachers nationwide. In addition, the requirement that 
parents sign a ``permission form'' before their child receives 
bilingual instruction eradicates local control and will leave 
the children of absentee parents--those who are not engaged in 
their child's education--out in the cold.
    H.R. 3892 also eliminates the current focus of Title VII on 
LEP students meeting challenging State academic and performance 
standards. In a time when we should be concerned with all 
students achieving challenging State academic and performance 
standards, we find it especially troubling that we are debating 
a bill which would eliminate this focus for LEP children. We 
believe that LEP children should be held to the same high 
academic standards as all other children and bilingual 
education programs should be designed to ensure children meet 
these standards.
    H.R. 3892 also establishes time limits on Federally funded 
bilingual education programs. As we noted above, H.R. 3892 was 
introduced and hastily approved by the Committee during the day 
just before and after the passage of California's ballot 
initiaitve--Proposition 227. This ballot initiative 
restructures California's bilingual education programs to force 
local school districts to use one particular instructional 
method--English immersion--and to limit the time an LEP child 
can receive instruction utilizing immersion to one year. 
Clearly, there is no research that points towards capping the 
amount of time an LEP child can receive bilingual instruction 
as an effective method of ensuring English language 
acquisition.
    Secretary Riley has also strongly criticized this arbitrary 
time limitation:

          The bill is neither programmatically nor 
        administratively sound for several reasons. First, the 
        bill would require States to withdraw funding from 
        local programs and activities if students in those 
        programs or activities are not ``mastering'' English 
        within two years and would also limit any student's 
        participation in such programs or activities to three 
        years. These provisions are vague and seemingly 
        inconsistent. They would set artificial and arbitrary 
        deadlines that would prevent classroom teachers and 
        local administrators from doing what is best for each 
        child. They are contrary to research on the time needed 
        for children with limited English proficiency to 
        achieve the mastery of English required for academic 
        success, and could require the termination of program 
        funding for many school districts.

    The imposition of time limits do not recognize the fact 
that children at different ages have different needs, nor does 
it take into account that some children learn faster than 
others. This type of emphasis completely ignores the vast 
amount of research on LEP children and the speed with which 
they learn English. This time limit, as proposed, will create 
an ``educational straitjacket'' for teachers, parents, and most 
importantly, children.

Civil rights

    We object to the inclusion of language in H.R. 3892 which 
voids all of the voluntary Compliance Agreements entered into 
by the Department of Education, Office of Civil Rights (OCR), 
and local school districts found out of compliance with Title 
VI of the Civil Rights Act. This provision is an unprecedented 
and shameful effort to gut enforcement of the Civil Rights Act 
of 1964, as it applies to the education of language minority 
students.
    Secretary Riley has also expressed his vigorous opposition 
to this provision:
          Plainly, the purpose of these provisions is to stop 
        OCR's enforcement of Title VI of the Civil Rights Act 
        of 1964, as it applies to the education of language 
        minority children, through the use of voluntary 
        compliance agreements. This is very troubling because 
        the use of compliance agreements is one of OCR's most 
        important (and, by far, the most commonly used) 
        enforcement tools regarding the provision of 
        appropriate educational programs for such children.
    The Department of Education estimates that there are 288 
voluntary compliance agreements currently in place. During 
Committee consideration of this legislation, the majority was 
unable to provide us with any substantive policy reason as to 
why these agreements should be terminated. In fact, when 
questioned as to their knowledge of which school districts were 
actually affected and what affect this would have on the LEP 
children in these districts, the Majority was unable to 
respond.
    The Majority views contain a number of misperceptions about 
OCR. First, the Majority implies that OCR mandates the 
curriculum to be used in bilingual education programs in local 
school districts. Furthermore, the Majority implies that OCR 
forces the use of transitional bilingual education (programs 
that use a child's native language) when it engages local 
school districts in voluntary compliance agreements aimed at 
ensuring compliance with Title VI of the Civil Rights Act. both 
of these implications are completely false. OCR, in efforts to 
work with local school districts, does not mandate or require 
particular instructional methods. Rather, OCR, consistent with 
the reasoning of Lau v. Nichols, seeks to ensure LEP children 
receive meaningful access to an education through allowing 
local school districts to choose from a variety of instruction 
methods which are recognized as sound by educational experts. 
The goal of these voluntary compliance agreements is to ensure 
full implementation of the instructional method chosen by local 
school districts and that they result in LEP children being 
academically successful.
    In conclusion, we support a critical look at our Federal 
support of bilingual education. However, we oppose this bill 
because it would substantially undermine our Federal bilingual 
education programs. This bill should not move forward without 
further deliberation within the context of efforts next 
Congress to reauthorize our elementary and secondary programs. 
With its dire implications for bilingual education programs, 
this legislation will only harm our efforts to ensure that LEP 
children have the ability to learn the English language.
                                   Billy Clay.
                                   Dale E. Kildee.
                                   Major R. Owens.
                                   Patsy T. Mink.
                                   Lynn Woolsey.
                                   Chaka Fattah.
                                   Carolyn McCarthy.
                                   Harold E. Ford, Jr.
                                   George Miller.
                                   Matthew G. Martinez.
                                   Donald M. Payne.
                                   Robert E. Andrews.
                                   Robert C. Scott.
                                   Carlos Romero-Barcelo.
                                   Ruben Hinojosa.
                                   John F. Tierney.
                                   Loretta Sanchez.
                                   Dennis J. Kucinich.

                                
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