To receive a grant under this subpart, an eligible entity described in section 6912 or 6913 of this title shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
The eligible entity, with the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of the application submitted by the entity under this section to the State educational agency.
The State educational agency, not later than 45 days after receipt of an application under this section, shall review the application and submit the written comments of the agency regarding the application to the Secretary.
Regarding applications submitted under this subpart, the State educational agency shall—
(i) submit to the Secretary written comments regarding all such applications; and
(ii) submit to each eligible entity the comments that pertain to such entity.
For purposes of this subpart, such comments shall address—
(i) how the activities to be carried out under the grant will further the academic achievement and English proficiency of limited English proficient children served under the grant; and
(ii) how the grant application is consistent with the State plan required under section 6311 of this title.
An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.
In making grants under this subpart, the Secretary shall take into consideration comments made by State educational agencies.
Notwithstanding subsection (b) of this section, the Secretary is authorized to waive the review requirement specified in subsection (b) of this section if a State educational agency can demonstrate that such review requirement may impede such agency's ability to fulfill the requirements of participation in the program authorized in section 6934 of this title, particularly such agency's ability to carry out data collection efforts and such agency's ability to provide technical assistance to local educational agencies not receiving funds under this subpart.
Such application shall include documentation that—
(1) the applicant has the qualified personnel required to develop, administer, and implement the program proposed in the application; and
(2) the leadership personnel of each school participating in the program have been involved in the development and planning of the program in the school.
An application for a grant under this subpart shall contain the following:
(A) A description of the need for the proposed program, including—
(i) data on the number of limited English proficient children in the school or school district to be served;
(ii) information on the characteristics of the children, including—
(I) the native languages of the children;
(II) the proficiency of the children in English and their native language;
(III) achievement data (current as of the date of submission of the application) for the limited English proficient children in—
(aa) reading or language arts (in English and in the native language, if applicable); and
(bb) mathematics;
(IV) a comparison of that data for the children with that data for the English proficient peers of the children; and
(V) the previous schooling experiences of the children;
(iii) the professional development needs of the instruction personnel who will provide services for the limited English proficient children under the proposed program; and
(iv) how the services provided through the grant will supplement the basic services provided to limited English proficient children.
(B) A description of the program to be implemented and how such program's design—
(i) relates to the linguistic and academic needs of the limited English proficient children to be served;
(ii) will ensure that the services provided through the program will supplement the basic services the applicant provides to limited English proficient children;
(iii) will ensure that the program is coordinated with other programs under this chapter and other Acts;
(iv) involves the parents of the limited English proficient children to be served;
(v) ensures accountability in achieving high academic standards; and
(vi) promotes coordination of services for the limited English proficient children to be served and their families.
(C) A description, if appropriate, of the applicant's collaborative activities with institutions of higher education, community-based organizations, local educational agencies or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.
(D) An assurance that the applicant will not reduce the level of State and local funds that the applicant expends for language instruction educational programs or special alternative instruction programs if the applicant receives an award under this subpart.
(E) An assurance that the applicant will employ teachers in the proposed program who, individually or in combination, are proficient in—
(i) English, with respect to written, as well as oral, communication skills; and
(ii) the native language of the majority of the children who the teachers teach, if instruction in the program is in the native language as well as English.
(F) A budget for the grant funds.
Each application for a grant under section 6913 of this title shall—
(A) describe—
(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.
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 [20 U.S.C. 1400 et seq.];
(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 [42 U.S.C. 2000d et seq.] 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.
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.
(Pub. L. 89–10, title III, §3214, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1712.)
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Last modified: October 26, 2015