A r c h i v e d  I n f o r m a t i o n

``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.

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SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS. Table of Contents SEC. 7502. REGULATIONS AND NOTIFICATION.