Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 2 — Accountability and Administration

SEC. 3121. EVALUATIONS.

    (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 an evaluation, in a form prescribed by the agency, that includes —

      (1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the two immediately preceding fiscal years;

      (2) a description of the progress made by children in learning the English language and meeting challenging State academic content and student academic achievement standards;

      (3) the number and percentage of children in the programs and activities attaining English proficiency by the end of each school year, as determined by a valid and reliable assessment of English proficiency; and

      (4) a description of the progress made by children in meeting challenging State academic content and student academic achievement standards for each of the 2 years after such children are no longer receiving services under this part.

    (b) USE OF EVALUATION- An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency —

      (1) for improvement of programs and activities;

      (2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient to attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and student academic achievement standards; and

      (3) in determining whether or not to continue funding for specific programs or activities.

    (c) EVALUATION COMPONENTS- An evaluation provided by an eligible entity under subsection (a) shall —

      (1) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who —

        (A) are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency;

        (B) have transitioned into classrooms not tailored to limited English proficient children, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English proficient children;

        (C) are meeting the same challenging State academic content and student academic achievement standards as all children are expected to meet; and

        (D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and

      (2) include such other information as the State educational agency may require.

    (d) EVALUATION MEASURES- A State shall approve evaluation measures for use under subsection (c) that are designed to assess —

      (1) the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English;

      (2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and

      (3) progress in meeting the annual measurable achievement objectives described in section 3122.

    (e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES- Each specially qualified agency receiving a grant under this part shall provide the evaluations 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.

SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

    (a) ACHIEVEMENT OBJECTIVES-

      (1) IN GENERAL- Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall develop annual measurable achievement objectives for limited English proficient children served under this part that relate to such children's development and attainment of English proficiency while meeting challenging State academic content and student academic achievement standards as required by section 1111(b)(1).

      (2) DEVELOPMENT OF OBJECTIVES- Such annual measurable achievement objectives shall be developed in a manner that —

        (A) reflects the amount of time an individual child has been enrolled in a language instruction educational program; and

        (B) uses consistent methods and measurements to reflect the increases described in subparagraphs (A)(i), (A)(ii), and (B) of paragraph (3).

      (3) CONTENTS- Such annual measurable achievement objectives —

        (A) shall include —

          (i) at a minimum, annual increases in the number or percentage of children making progress in learning English;

          (ii) at a minimum, annual increases in the number or percentage of children attaining English proficiency by the end of each school year, as determined by a valid and reliable assessment of English proficiency consistent with section 1111(b)(7); and

          (iii) making adequate yearly progress for limited English proficient children as described in section 1111(b)(2)(B); and

        (B) at the discretion of the agency, may include the number or percentage of children not receiving waivers for reading or language arts assessments under section 1111(b)(3)(C), but this achievement objective shall not be applied to an eligible entity that, in a given school year —

          (i) has experienced a large increase in limited English proficient children or immigrant children and youth;

          (ii) enrolls a statistically significant number of immigrant children and youth from countries where such children and youth had little or no access to formal education; or

          (iii) has a statistically significant number of immigrant children and youth who have fled from war or natural disaster.

    (b) ACCOUNTABILITY-

      (1) FOR STATES- Each State educational agency receiving a grant under subpart 1 shall hold eligible entities receiving a subgrant under such subpart accountable for meeting the annual measurable achievement objectives under subsection (a), including making adequate yearly progress for limited English proficient children.

      (2) IMPROVEMENT PLAN- If a State educational agency determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has failed to make progress toward meeting such objectives for 2 consecutive years, the agency shall require the entity to develop an improvement plan that will ensure that the entity meets such objectives. The improvement plan shall specifically address the factors that prevented the entity from achieving such objectives.

      (3) TECHNICAL ASSISTANCE- During the development of the improvement plan described in paragraph (2), and throughout its implementation, the State educational agency shall —

        (A) provide technical assistance to the eligible entity;

        (B) provide technical assistance, if applicable, to schools served by such entity under subpart 1 that need assistance to enable the schools to meet the annual measurable achievement objectives described in subsection (a);

        (C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically based research, that the agency will use to meet such objectives;

        (D) require such entity to utilize such strategies and activities; and

        (E) develop, in consultation with the entity, a plan to incorporate strategies and methodologies, based on scientifically based research, to improve the specific program or method of instruction provided to limited English proficient children.

      (4) ACCOUNTABILITY- If a State educational agency determines that an eligible entity has failed to meet the annual measurable achievement objectives described in subsection (a) for 4 consecutive years, the agency shall —

        (A) require such entity to modify the entity's curriculum, program, and method of instruction; or

        (B)(i) make a determination whether the entity shall continue to receive funds related to the entity's failure to meet such objectives; and

        (ii) require such entity to replace educational personnel relevant to the entity's failure to meet such objectives.

    (c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES- The Secretary shall hold specially qualified agencies receiving a grant under this subpart accountable for meeting the annual measurable achievement objectives described in subsection (a) in the same manner as State educational agencies hold eligible entities accountable under subsection (b).

SEC. 3123. REPORTING REQUIREMENTS.

    (a) STATES- Based upon the evaluations provided to a State educational agency under section 3121, 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 children who are limited English proficient.

    (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 limited English proficient children under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of children who are limited English proficient;

      (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. 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. 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. 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. CIVIL RIGHTS.

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

SEC. 3128. 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. 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.


-###-


 Previous Table of Contents Next 

 
Print this page Printable view Send this page Share this page
Last Modified: 09/15/2004