20 USC CHAPTER 70, SUBCHAPTER III, Part A, subpart 2: accountability and administration

From Title 20—EDUCATIONCHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLSSUBCHAPTER III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTSPart A—English Language Acquisition, Language Enhancement, and Academic Achievement Act

subpart 2—accountability and administration

§6841. Reporting

(a) In general

Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes—

(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a description of how such programs and activities supplemented programs funded primarily with State or local funds;

(2) the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section 6311(c)(4)(A)(ii) of this title, in the aggregate and disaggregated, at a minimum, by English learners with a disability;

(3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 6311(b)(1)(G) ¹ of this title by the end of each school year, as determined by the State's English language proficiency assessment under section 6311(b)(2)(G) of this title;

(4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency;

(5) the number and percentage of English learners meeting challenging State academic standards for each of the 4 years after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a disability;

(6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner and first enrollment in the local educational agency; and

(7) any other information that the State educational agency may require.

(b) Use of report

A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under this part.

(c) Special rule for specially qualified agencies

Each specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection.

(Pub. L. 89–10, title III, §3121, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1701; amended Pub. L. 114–95, title III, §3003(h), Dec. 10, 2015, 129 Stat. 1962.)

Editorial Notes

Prior Provisions

A prior section 6841, Pub. L. 89–10, title III, §3131, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3644, related to allotment and reallotment of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3121 of Pub. L. 89–10 was classified to section 6831 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to evaluations.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

¹ So in original. Probably should be "6311(b)(1)(F)".

§6842. Repealed. Pub. L. 114–95, title III, §3001(2)(A), Dec. 10, 2015, 129 Stat. 1953

Section, Pub. L. 89–10, title III, §3122, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1702, related to achievement objectives and accountability.

A prior section 6842, Pub. L. 89–10, title III, §3132, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3645, related to school technology resource grants, prior to the general amendment of this subchapter by Pub. L. 107–110.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.

§6843. Biennial reports

(a) States

Based upon the reports provided to a State educational agency under section 6841 of this title, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the effectiveness of such programs and activities in improving the education provided to English learners.

(b) Secretary

Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report—

(1) on programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners;

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

(3) containing a critical synthesis of data reported by eligible entities to States under section 6841(a) of this title;

(4) containing a description of technical assistance and other assistance provided by State educational agencies under section 6821(b)(2)(D) of this title;

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

(6) containing the findings of the most recent evaluation related to English learners carried out under section 7981 of this title;

(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 English learners served by eligible entities receiving funding under this part who were transitioned out of language instruction educational programs funded under this part; and

(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this part when applicable.

(Pub. L. 89–10, title III, §3122, formerly §3123, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1704; renumbered §3122 and amended Pub. L. 114–95, title III, §§3001(2)(B), 3003(i), Dec. 10, 2015, 129 Stat. 1953, 1963.)

Editorial Notes

Prior Provisions

A prior section 6843, Pub. L. 89–10, title III, §3133, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3646, related to State applications for technology education assistance, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3122 of Pub. L. 89–10 was classified to section 6842 of this title, prior to repeal by Pub. L. 114–95.

Another prior section 3122 of Pub. L. 89–10 was classified to section 6832 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Pub. L. 114–95, §3003(i)(1), substituted "Biennial reports" for "Reporting requirements" in section catchline.

Subsec. (a). Pub. L. 114–95, §3003(i)(2), substituted "reports provided" for "evaluations provided" and "English learners" for "children who are limited English proficient".

Subsec. (b)(1). Pub. L. 114–95, §3003(i)(3)(A), substituted "to serve English learners" for "to serve limited English proficient children" and "proficiency of English learners" for "proficiency of children who are limited English proficient".

Subsec. (b)(2). Pub. L. 114–95, §3003(i)(3)(B), substituted "English learners" for "limited English proficient children".

Subsec. (b)(4). Pub. L. 114–95, §3003(i)(3)(C), substituted "section 6821(b)(2)(D)" for "section 6821(b)(2)(C)".

Subsec. (b)(5). Pub. L. 114–95, §3003(i)(3)(D), substituted "English learners" for "limited English proficient children".

Subsec. (b)(6). Pub. L. 114–95, §3003(i)(3)(E), substituted "findings of the most recent evaluation related to English learners carried out under section 7981 of this title" for "major findings of scientifically based research carried out under this part".

Subsec. (b)(8). Pub. L. 114–95, §3003(i)(3)(F), substituted "of English learners" for "of limited English proficient children" and struck out "into classrooms where instruction is not tailored for limited English proficient children" before the semicolon.

Subsec. (b)(9). Pub. L. 114–95, §3003(i)(3)(G), substituted "part" for "subchapter".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§6844. Coordination with related programs

In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments.

(Pub. L. 89–10, title III, §3123, formerly §3124, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1705; renumbered §3123 and amended Pub. L. 114–95, title III, §§3001(2)(B), 3003(j), Dec. 10, 2015, 129 Stat. 1953, 1963.)

Editorial Notes

Prior Provisions

A prior section 6844, Pub. L. 89–10, title III, §3134, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3646, related to local uses of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3123 of Pub. L. 89–10 was renumbered section 3122 and is classified to section 6843 of this title.

Another prior section 3123 of Pub. L. 89–10 was classified to section 6833 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Pub. L. 114–95, §3003(j), substituted "needs of English learners" for "needs of children of limited English proficiency" and "and English learners" for "and limited English proficient children" and inserted at end "The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments."

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§6845. Rules of construction

Nothing in this part shall be construed—

(1) to prohibit a local educational agency from serving English learners 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 English learners; or

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

(Pub. L. 89–10, title III, §3124, formerly §3125, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1705; renumbered §3124 and amended Pub. L. 114–95, title III, §§3001(2)(B), 3003(k), Dec. 10, 2015, 129 Stat. 1953, 1964.)

Editorial Notes

Prior Provisions

A prior section 6845, Pub. L. 89–10, title III, §3135, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3647, related to local applications for technology education assistance, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3124 of Pub. L. 89–10 was renumbered section 3123 and is classified to section 6844 of this title.

Amendments

2015—Pars. (1), (2). Pub. L. 114–95, §3003(k), substituted "English learners" for "limited English proficient children".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§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.

(Pub. L. 89–10, title III, §3125, formerly §3126, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1705; renumbered §3125, Pub. L. 114–95, title III, §3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.)

Editorial Notes

Prior Provisions

A prior section 6846, Pub. L. 89–10, title III, §3136, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3648, related to national challenge grants for technology in education, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3125 of Pub. L. 89–10 was renumbered section 3124 and is classified to section 6845 of this title.

§6847. Civil rights

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

(Pub. L. 89–10, title III, §3126, formerly §3127, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1705; renumbered §3126, Pub. L. 114–95, title III, §3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.)

Editorial Notes

Prior Provisions

A prior section 6847, Pub. L. 89–10, title III, §3137, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3649, related to Federal administration of programs, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3126 of Pub. L. 89–10 was renumbered section 3125 and is classified to section 6846 of this title.

§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.

(Pub. L. 89–10, title III, §3127, formerly §3128, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1705; renumbered §3127, Pub. L. 114–95, title III, §3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.)

Editorial Notes

Prior Provisions

A prior section 3127 of Pub. L. 89–10 was renumbered section 3126 and is classified to section 6847 of this title.

§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 English learners.

(Pub. L. 89–10, title III, §3128, formerly §3129, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1706; renumbered §3128 and amended Pub. L. 114–95, title III, §§3001(2)(B), 3003(l), Dec. 10, 2015, 129 Stat. 1953, 1964.)

Editorial Notes

Prior Provisions

A prior section 3128 of Pub. L. 89–10 was renumbered section 3127 and is classified to section 6848 of this title.

Amendments

2015—Pub. L. 114–95, §3003(l), substituted "English learners" for "limited English proficient children".