20 U.S.C. § 6843 — Biennial reports

Page 1456 TITLE 20—EDUCATION § 6842 1 So in original. Probably should be ‘‘6311(b)(1)(F)’’. 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 attain- ing 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 deter- mined by the State’s English language pro- ficiency 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 attain- ment 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 dis- ability; (6) the number and percentage of English learners who have not attained English lan- guage 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 sub- ject to the same requirements as apply to eligi- ble 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 amend- ment 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 pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 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, re- lated 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 pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective 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 pro- grams and activities carried out by the State educational agency under this part and the ef- fectiveness 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 edu- cational 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 re- ported by eligible entities to States under sec- tion 6841(a) of this title; (4) containing a description of technical as- sistance 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 lan- guage instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be need- ed for the succeeding 5 fiscal years; (6) containing the findings of the most re- cent evaluation related to English learners carried out under section 7981 of this title; (7) containing the number of programs or ac- tivities, if any, that were terminated because the entities carrying out the programs or ac- tivities were not able to reach program goals; Page 1457 TITLE 20—EDUCATION § 6845 (8) containing the number of English learn- ers served by eligible entities receiving fund- ing 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 edu- cation 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 classi- fied 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 ‘‘re- ports 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), sub- stituted ‘‘to serve English learners’’ for ‘‘to serve lim- ited 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), sub- stituted ‘‘English learners’’ for ‘‘limited English pro- ficient children’’. Subsec. (b)(4). Pub. L. 114–95, § 3003(i)(3)(C), sub- stituted ‘‘section 6821(b)(2)(D)’’ for ‘‘section 6821(b)(2)(C)’’. Subsec. (b)(5). Pub. L. 114–95, § 3003(i)(3)(D), sub- stituted ‘‘English learners’’ for ‘‘limited English pro- ficient children’’. Subsec. (b)(6). Pub. L. 114–95, § 3003(i)(3)(E), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘part’’ for ‘‘subchapter’’. 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 pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6844. Coordination with related programs In order to maximize Federal efforts aimed at serving the educational needs of English learn- ers, 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 classi- fied 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 depart- ments.’’ 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 pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 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 appro- priate; (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 edu- cation 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.