(2) on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this part to teach limited English proficient children;

(3) containing a critical synthesis of data reported by eligible entities to States under section 3121(a);

(4) containing a description of technical assistance and other assistance provided by State educational agencies under section 3111(b)(2)(C);

(5) containing an estimate of the number of certified or licensed teachers working in language instruction educational programs and educating limited English proficient children, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years;

(6) containing the major findings of scientifically based research carried out under this part;

(7) containing the number of programs or activities, if any, that were terminated because the entities carrying out the programs or activities were not able to reach program goals;

(8) containing the number of limited English proficient children served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part into classrooms where instruction is not tailored for limited English proficient children; and

(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this title when applicable. SEC. 3124. [20 U.S.C. 6844] COORDINATION WITH RELATED PROGRAMS. In order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and limited English proficient children that are administered by the Department and other agencies.

SEC. 3125. [20 U.S.C. 6845] RULES OF CONSTRUCTION.
Nothing in this part shall be construed-

(1) to prohibit a local educational agency from serving limited English proficient children simultaneously with children with similar educational needs, in the same educational settings where appropriate;

(2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for limited English proficient children; or

(3) to limit the preservation or use of Native American languages.

SEC. 3126. [20 U.S.C. 6846] LEGAL AUTHORITY UNDER STATE LAW.

Nothing in this part shall be construed to negate or supersede State law, or 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 State agency, entity, or official.

SEC. 3127. [20 U.S.C. 6847] CIVIL RIGHTS.

Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.

SEC. 3128. [20 U.S.C. 6848] PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. SEC. 3129. [20 U.S.C. 6849] PROHIBITION.

In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating limited English proficient children.

Subpart 3-National Activities

SEC. 3131. [20 U.S.C. 6861] NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for limited English proficient children and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve limited English proficient children. Grants awarded under this subsection may be used

(1) for preservice professional development programs that will assist local schools and institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals;

(2) for the development of curricula appropriate to the needs of the consortia participants involved; and

(3) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve limited English proficient children.

Subpart 4-Definitions

SEC. 3141. [20 U.S.C. 6871] ELIGIBLE ENTITY.

In this part, 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 organization, or State educational agency.

PART B-IMPROVING LANGUAGE
INSTRUCTION EDUCATIONAL PROGRAMS

SEC. 3201. [20 U.S.C. 6891] SHORT TITLE.

This part may be cited as the "Improving Language Instruction Educational Programs For Academic Achievement Act".

SEC. 3202. [20 U.S.C. 6892] PURPOSE.

The purpose of this part is to help ensure that limited English proficient children master English and meet the same rigorous standards for academic achievement as all children are expected to meet, including meeting challenging State academic content and student academic achievement standards by

(1) promoting systemic improvement and reform of, and developing accountability systems for, educational programs serving limited English proficient children;

(2) developing language skills and multicultural understanding;

(3) developing the English proficiency of limited English proficient children and, to the extent possible, the native language skills of such children;

(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, and technical assistance that are focused on school improvement for limited English proficient children; and

(6) developing programs that strengthen and improve the professional training of educational personnel who work with limited English proficient children.

SEC. 3203. [20 U.S.C. 6893] NATIVE AMERICAN CHILDREN IN SCHOOL.

(a) ELIGIBLE ENTITIES.-For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American (including 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 school or secondary school that is operated or funded by the Bureau of Indian Affairs shall be considered to be a local educational agency.

(b) APPLICATION.-Notwithstanding any other provision of this part, each tribe, authority, organization, or school 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 program proposed in the application.

SEC. 3204. [20 U.S.C. 6894] RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

For the purpose of carrying out programs under this part in the outlying areas, the term "local educational agency" includes

public institutions or agencies whose mission is the preservation and maintenance of native languages.

Subpart 1-Program Development and

Enhancement

SEC. 3211. [20 U.S.C. 6911] FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS.

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 3212 and 3213

(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational programs or special alternative instruction programs to limited English proficient children; and

(2) to help such children

(A) develop English proficiency and, to the extent possible, proficiency in their native language; and

(B) meet the same challenging State academic content and student academic achievement standards as all children are expected to meet under section 1111(b)(1).

SEC. 3212. [20 U.S.C. 6912] PROGRAM ENHANCEMENT ACTIVITIES. (a) PROGRAM AUTHORIZED.—

(1) AUTHORITY.

(A) IN GENERAL.-The Secretary is authorized to award grants to eligible entities having applications approved under section 3214 to enable such entities to provide innovative, locally designed, high-quality instruction to limited English proficient children, by expanding, developing, or strengthening language instruction educational programs or special alternative instruction programs.

(B) PERIOD.-Each grant awarded under this section shall be awarded for a period of 3 years.

(2) AUTHORIZED ACTIVITIES.

(A) MANDATORY ACTIVITIES.-Grants awarded under this section shall be used for

(i) developing, implementing, expanding, or enhancing comprehensive preschool, elementary, or secondary education programs for limited English proficient children, that are

(I) aligned with State and local academic content and student academic achievement standards, and local school reform efforts; and

(II) coordinated with related academic services for children;

(ii) providing high-quality professional development to classroom teachers, administrators, and other school or community-based organization personnel to improve the instruction and assessment of limited English proficient children; and

(iii) annually assessing the English proficiency of all limited English proficient children served by activities carried out under this section.

(B) PERMISSIBLE ACTIVITIES.-Grants awarded under this section may be used for

(i) implementing programs to upgrade the reading and other academic skills of limited English proficient children;

(ii) developing accountability systems to monitor the academic progress of limited English proficient and formerly limited English proficient children;

(iii) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their children;

(iv) improving the instruction programs for limited English proficient children by identifying, acquiring, and applying effective curricula, instruction materials (including materials provided through technology), and assessments that are all aligned with State and local standards;

(v) providing intensified instruction, including tutorials and academic, or vocational and technical, training, for limited English proficient children;

(vi) adapting best practice models for meeting the needs of limited English proficient children;

(vii) assisting limited English proficient children with disabilities;

(viii) implementing applied learning activities such as service learning to enhance and support comprehensive elementary and secondary language instruction educational programs;

(ix) acquiring or developing education technology or instruction materials for limited English proficient children, including materials in languages other than English;

(x) participating in electronic networks for materials, training, and communication, and incorporating information derived from such participation in curricula and programs; and

(xi) carrying out such other activities related to the purpose of this part as the Secretary may approve. (b) PRIORITY. In awarding grants under this section, the Secretary may give priority to an entity that

(1) serves a school district

(A) that has a total district enrollment that is less than 10,000 students; or

(B) with a large percentage or number of limited English proficient children; and

(2) has limited or no experience in serving limited English proficient children.

(c) ELIGIBLE ENTITY.-In 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 State educational agency; or