20 U.S.C. § 6846 — Legal authority under State law

Page 1458 TITLE 20—EDUCATION § 6846 AMENDMENTS 2015—Pars. (1), (2). Pub. L. 114–95, § 3003(k), sub- stituted ‘‘English learners’’ for ‘‘limited English pro- ficient children’’. 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. § 6846. Legal authority under State law Nothing in this part shall be construed to ne- gate or supersede State law, or the legal author- ity 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. (Pub. L. 89–10, title III, § 3125, formerly § 3126, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1705; renumbered § 3125, Pub. L. 114–95, title III, § 3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.) Editorial Notes PRIOR PROVISIONS A prior section 6846, Pub. L. 89–10, title III, § 3136, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3648, related to national challenge grants for tech- nology in education, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3125 of Pub. L. 89–10 was renumbered section 3124 and is classified to section 6845 of this title. § 6847. Civil rights Nothing in this part shall be construed in a manner inconsistent with any Federal law guar- anteeing a civil right. (Pub. L. 89–10, title III, § 3126, formerly § 3127, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1705; renumbered § 3126, Pub. L. 114–95, title III, § 3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.) Editorial Notes PRIOR PROVISIONS A prior section 6847, Pub. L. 89–10, title III, § 3137, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3649, related to Federal administration of programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3126 of Pub. L. 89–10 was renumbered section 3125 and is classified to section 6846 of this title. § 6848. Programs for Native Americans and Puer- to Rico Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native Amer- ican Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, cur- riculum development, evaluation, and assess- ment designed for Native American children learning and studying Native American lan- guages and children of limited Spanish pro- ficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. (Pub. L. 89–10, title III, § 3127, formerly § 3128, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1705; renumbered § 3127, Pub. L. 114–95, title III, § 3001(2)(B), Dec. 10, 2015, 129 Stat. 1953.) Editorial Notes PRIOR PROVISIONS A prior section 3127 of Pub. L. 89–10 was renumbered section 3126 and is classified to section 6847 of this title. § 6849. Prohibition In carrying out this part, the Secretary shall neither mandate nor preclude the use of a par- ticular curricular or pedagogical approach to educating English learners. (Pub. L. 89–10, title III, § 3128, formerly § 3129, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706; renumbered § 3128 and amended Pub. L. 114–95, title III, §§ 3001(2)(B), 3003(l), Dec. 10, 2015, 129 Stat. 1953, 1964.) Editorial Notes PRIOR PROVISIONS A prior section 3128 of Pub. L. 89–10 was renumbered section 3127 and is classified to section 6848 of this title. AMENDMENTS 2015—Pub. L. 114–95, § 3003(l), substituted ‘‘English learners’’ for ‘‘limited English proficient children’’. 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. SUBPART 3—NATIONAL ACTIVITIES § 6861. National professional development project The Secretary shall use funds made available under section 6821(c)(1)(C) of this title to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher edu- cation or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agen- cies) to provide for professional development ac- tivities that will improve classroom instruction for English learners and assist educational per- sonnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational pro- grams or serve English learners. Grants awarded under this section may be used— (1) for effective preservice or inservice pro- fessional development programs that will im- prove the qualifications and skills of edu- cational personnel involved in the education of English learners, including personnel who are not certified or licensed and educational paraprofessionals, and for other activities to increase teacher and school leader effective- ness in meeting the needs of English learners; (2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved;