(i) current services (as of the date of submission of the application) the applicant provides to limited English proficient children;

(ii) what services limited English proficient children will receive under the grant that such children 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 limited English proficient children;

(iv) specific achievement and school retention goals for the children to be served by the proposed program and how progress toward achieving such goals will be measured; and

(v) the current family education programs (as of the date of submission of the application) of the eligible entity, if applicable; and

(B) provide assurances that

(i) the program funded with the grant will be integrated with the overall educational program of the children served through the proposed program; and

(ii) the application has been developed in consultation with parents and other representatives of the children to be served in such program.

(h) APPROVAL OF APPLICATIONS.-An application for a grant under this subpart may be approved only if the Secretary determines that

(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the language or languages used for instruction;

(2) in designing the program, the eligible entity has, after consultation with appropriate private school officials

(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools; and

(B) in a manner 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 the needs, language, and grade levels that the program is intended to address, provided for the participation of such children on a basis comparable to the basis on which public school children participate;

(3)(A) student evaluation and assessment procedures in the program are valid and reliable for limited English proficient children; and

(B) limited English proficient children with disabilities will be identified and served through the program in accordance with the requirements of the Individuals with Disabilities Education Act;

(4) Federal funds made available for the program will be used to supplement the State and local funds that, in the absence of such Federal funds, would be 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 made available under this subpart

(A) for activities carried out under an order of a Federal or State court respecting services to be provided to such children; or

(B) 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 to such children; (5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to provide a program on a regular basis, similar to the proposed program, that will be of sufficient size, scope, and quality to promise significant improvement in the education of limited English proficient children; and

(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and quality when assistance under this subpart is reduced or no longer available; and

(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results and products.

(i) CONSIDERATION.-In determining whether to approve an application under this subpart, the Secretary shall give consideration

to

(1) 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 educational agency and State educational agency, or businesses; and

(2) whether the application provides for training for personnel participating in, or preparing to participate in, a program that will assist such personnel in meeting State and local certification requirements.

SEC. 3215. [20 U.S.C. 6915] 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 language instruction educational programs and special alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated. SEC. 3216. [20 U.S.C. 6916] PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

Notwithstanding any other provision of this part, programs authorized under this subpart 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. 3217. [20 U.S.C. 6917] EVALUATIONS.

(a) EVALUATION.-Each recipient of funds under this subpart for a program shall annually conduct an evaluation of the program

and submit to the Secretary a report concerning the evaluation, in the form prescribed by the Secretary.

(b) USE OF EVALUATION.-Such evaluation shall be used by the grant recipient

(1) for program improvement;

(2) to further define the program's goals and objectives; and

(3) to determine program effectiveness.

(c) EVALUATION REPORT COMPONENTS.-In preparing the evaluation reports, the recipient shall

(1) use the data provided in the application submitted by the recipient under section 3214 as baseline data against which to report academic achievement and gains in English proficiency for children in the program;

(2) disaggregate the results of the evaluation by gender, native languages spoken by children, socioeconomic status, and whether the children have disabilities;

(3) include data on the progress of the recipient in achieving the objectives of the program, including data demonstrating the extent to which children served by the program are meeting the challenging State academic content and student academic achievement standards, and including data comparing limited English proficient children with English proficient children with regard to school retention and academic achievement concerning

(A) reading and language arts;

(B) English proficiency;

(C) mathematics; and

(D) the native language of the children, if the program develops native language proficiency;

(4) include information on the extent that professional development activities carried out through the program have resulted in improved classroom practices and improved student academic achievement;

lude a description of how the activities carried out through the program are coordinated and integrated with the other Federal, State, or local programs serving limited English proficient children; and

(6) include such other information as the Secretary may require.

SEC. 3218. [20 U.S.C. 6918] CONSTRUCTION.

Nothing in this subpart shall be construed 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.

1 So in law. The matter following paragraph (4), as amended by section 301 of Public Law 107-110 (115 Stat. 1717), should probably read “(5) include a...".

Subpart 2-Research, Evaluation, and

Dissemination

SEC. 3221. [20 U.S.C. 6931] 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 language instruction educational programs and special alternative instruction programs for limited English proficient children.

(b) COMPETITIVE AWARDS.-Research and program evaluation activities carried out under this subpart shall be supported through competitive grants, contracts, and cooperative agreements awarded to institutions of higher education, nonprofit organizations, State educational agencies, 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 English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students.

SEC. 3222. [20 U.S.C. 6932] RESEARCH.

(a) ADMINISTRATION.-The Secretary shall conduct research activities authorized by this subpart through the Institute of Education Sciences in coordination and collaboration with the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. (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 children and their families;

(2) may include research on effective instruction practices for multilingual classes, and on effective instruction strategies to be used by a teacher or other staff member who does not know the native language of a limited English proficient child in the teacher's or staff member's classroom;

(3) may include establishing (through the National Center for Education Statistics in consultation with experts in second language acquisition and scientifically based research on teaching limited English proficient children) a common definition of "limited English proficient child" for purposes of national data collection; and

(4) shall be administered by individuals with expertise in second language acquisition, scientifically based research on teaching limited English proficient children, and the needs of limited English proficient children 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 recipients of grants under subpart 1 or this subpart who have received such grants within the previous 5 years. Such research may provide for longitudinal studies of limited English proficient children or teachers who serve such children, monitoring the education of

such children from entry into language instruction educational programs through secondary school completion.

(2) APPLICATIONS.-An applicant for assistance under this subsection may submit an application for such assistance to the Secretary at the same time as the applicant submits another application under subpart 1 or this subpart. The Secretary shall complete a review of such applications on a timely basis to allow the activities carried out under research and program grants to be coordinated when recipients are awarded two or more of such grants.

(d) CONSULTATION.-The Secretary shall consult with agencies, organizations, and individuals that are engaged in research and practice on the education of limited English proficient children, language instruction educational programs, or related research, to identify areas of study and activities to be funded under this sec

tion.

(e) DATA COLLECTION.-The Secretary shall provide for the collection of data on limited English proficient children as part of the data systems operated by the Department.

SEC. 3223. [20 U.S.C. 6933] ACADEMIC EXCELLENCE AWARDS.

(a) AUTHORITY.-The Secretary may make grants to State educational agencies to assist the agencies in recognizing local educational agencies and other public and nonprofit entities whose programs have

(1) demonstrated significant progress in assisting limited English proficient children to learn English according to age appropriate and developmentally appropriate standards; and

(2) demonstrated significant progress in assisting limited English proficient children to meet, according to age appropriate and developmentally appropriate standards, the same challenging State academic content and student academic achievement standards as all children are expected to meet. (b) APPLICATIONS.-A State educational agency desiring a grant under this section shall include an application for such grant in the application submitted by the agency under section 3224(e). SEC. 3224. [20 U.S.C. 6934] 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 programs and other Federal education programs, effectively provides for the education of limited English proficient children 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 and entities 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

(A) to assist local educational agencies in the State with activities that