Each State educational agency or specially qualified agency receiving a grant under subpart 1 of this part 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 6311(b)(1) of this title.
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).
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 6311(b)(7) of this title; and
(iii) making adequate yearly progress for limited English proficient children as described in section 6311(b)(2)(B) of this title; 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 6311(b)(3)(C) of this title, 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.
Each State educational agency receiving a grant under subpart 1 of this part shall hold eligible entities receiving a subgrant under such subpart accountable for meeting the annual measurable achievement objectives under subsection (a) of this section, including making adequate yearly progress for limited English proficient children.
If a State educational agency determines, based on the annual measurable achievement objectives described in subsection (a) of this section, 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.
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 of this part that need assistance to enable the schools to meet the annual measurable achievement objectives described in subsection (a) of this section;
(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.
If a State educational agency determines that an eligible entity has failed to meet the annual measurable achievement objectives described in subsection (a) of this section 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.
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) of this section in the same manner as State educational agencies hold eligible entities accountable under subsection (b) of this section.
(Pub. L. 89–10, title III, §3122, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1702.)
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Last modified: October 26, 2015