20 U.S.C. § 6825 — Subgrants to eligible entities

Page 1453 TITLE 20—EDUCATION § 6825 AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 3003(e)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘After making the reservation required under subsection (d)(1) of this sec- tion, each State educational agency receiving a grant under section 6821(c)(3) of this title shall award sub- grants for a fiscal year by allocating to each eligible entity in the State having a plan approved under sec- tion 6826 of this title an amount that bears the same re- lationship to the amount received under the grant and remaining after making such reservation as the popu- lation of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.’’ Subsec. (d)(1). Pub. L. 114–95, § 3003(e)(2), substituted ‘‘section 6821(c)(2)’’ for ‘‘section 6821(c)(3)’’ and struck out ‘‘preceding the fiscal year’’ before ‘‘for which the subgrant is made’’. 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. § 6825. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds re- ceived by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the chal- lenging State academic standards. In carrying out activities with such funds, the eligible enti- ty shall use effective approaches and methodolo- gies for teaching English learners and immi- grant children and youth for the following pur- poses: (1) Developing and implementing new lan- guage instruction educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed activities to expand or en- hance existing language instruction edu- cational programs and academic content in- structional programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant pro- grams, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdic- tion of a local educational agency, agencywide programs for restructuring, reforming, and up- grading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immi- grant children and youth. (b) Direct administrative expenses Each eligible entity receiving funds under sec- tion 6824(a) of this title for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Required subgrantee activities An eligible entity receiving funds under sec- tion 6824(a) of this title shall use the funds— (1) to increase the English language pro- ficiency of English learners by providing effec- tive language instruction educational pro- grams that meet the needs of English learners and demonstrate success in increasing— (A) English language proficiency; and (B) student academic achievement; (2) to provide effective professional develop- ment to classroom teachers (including teach- ers in classroom settings that are not the set- tings of language instruction educational pro- grams), principals and other school leaders, administrators, and other school or commu- nity-based organizational personnel, that is— (A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of such teachers, principals, and other school lead- ers to understand and implement curricula, assessment practices and measures, and in- structional strategies for English learners; (C) effective in increasing children’s English language proficiency or substan- tially increasing the subject matter knowl- edge, teaching knowledge, and teaching skills of such teachers; and (D) of sufficient intensity and duration (which shall not include activities such as 1- day or short-term workshops and con- ferences) to have a positive and lasting im- pact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and (3) to provide and implement other effective activities and strategies that enhance or sup- plement language instruction educational pro- grams for English learners, which— (A) shall include parent, family, and com- munity engagement activities; and (B) may include strategies that serve to coordinate and align related programs. (d) Authorized subgrantee activities Subject to subsection (c), an eligible entity re- ceiving funds under section 6824(a) of this title may use the funds to achieve any of the pur- poses described in subsection (a) by undertaking 1 or more of the following activities: (1) Upgrading program objectives and effec- tive instructional strategies. (2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment proce- dures. Page 1454 TITLE 20—EDUCATION § 6825 (3) Providing to English learners— (A) tutorials and academic or career and technical education; and (B) intensified instruction, which may in- clude materials in a language that the stu- dent can understand, interpreters, and trans- lators. (4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational pro- grams that are coordinated with other rel- evant programs and services. (5) Improving the English language pro- ficiency and academic achievement of English learners. (6) Providing community participation pro- grams, family literacy services, and parent and family outreach and training activities to English learners and their families— (A) to improve the English language skills of English learners; and (B) to assist parents and families in help- ing their children to improve their academic achievement and becoming active partici- pants in the education of their children. (7) Improving the instruction of English learners, which may include English learners with a disability, by providing for— (A) the acquisition or development of edu- cational technology or instructional mate- rials; (B) access to, and participation in, elec- tronic networks for materials, training, and communication; and (C) incorporation of the resources de- scribed in subparagraphs (A) and (B) into curricula and programs, such as those fund- ed under this subpart. (8) Offering early college high school or dual or concurrent enrollment programs or courses designed to help English learners achieve suc- cess in postsecondary education. (9) Carrying out other activities that are consistent with the purposes of this section. (e) Activities by agencies experiencing substan- tial increases in immigrant children and youth (1) In general An eligible entity receiving funds under sec- tion 6824(d)(1) of this title shall use the funds to pay for activities that provide enhanced in- structional opportunities for immigrant chil- dren and youth, which may include— (A) family literacy, parent and family out- reach, and training activities designed to as- sist parents and families to become active participants in the education of their chil- dren; (B) recruitment of, and support for, per- sonnel, including teachers and paraprofes- sionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acqui- sition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds; (E) basic instructional services that are di- rectly attributable to the presence of immi- grant children and youth in the local edu- cational agency involved, including the pay- ment of costs of providing additional class- room supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instructional serv- ices; (F) other instructional services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the edu- cational system and civics education; and (G) activities, coordinated with commu- nity-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and fami- lies of immigrant children and youth by of- fering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 6824(d)(1) of this title shall be determined by the agency in its discretion. (f) Selection of method of instruction (1) In general To receive a subgrant from a State edu- cational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the en- tity to assist English learners to attain English language proficiency and meet chal- lenging State academic standards. (2) Consistency The selection described in paragraph (1) shall be consistent with sections 6845 through 6847 of this title. (g) Supplement, not supplant Federal funds made available under this sub- part shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. (Pub. L. 89–10, title III, § 3115, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1697; amended Pub. L. 114–95, title III, § 3003(f), Dec. 10, 2015, 129 Stat. 1958.) Editorial Notes PRIOR PROVISIONS A prior section 3115 of Pub. L. 89–10 was classified to section 6815 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 (g) relating to subgrants to eligible entities. Page 1455 TITLE 20—EDUCATION § 6841 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. § 6826. Local plans (a) Plan required Each eligible entity desiring a subgrant from the State educational agency under section 6824 of this title shall submit a plan to the State educational agency at such time, in such man- ner, and containing such information as the State educational agency may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the effective programs and ac- tivities, including language instruction edu- cational programs, proposed to be developed, implemented, and administered under the subgrant that will help English learners in- crease their English language proficiency and meet the challenging State academic stand- ards; (2) describe how the eligible entity will en- sure that elementary schools and secondary schools receiving funds under this subpart as- sist English learners in— (A) achieving English proficiency based on the State’s English language proficiency as- sessment under section 6311(b)(2)(G) of this title, consistent with the State’s long-term goals, as described in section 6311(c)(4)(A)(ii) of this title; and (B) meeting the challenging State aca- demic standards; (3) describe how the eligible entity will pro- mote parent, family, and community engage- ment in the education of English learners; (4) contain assurances that— (A) each local educational agency that is included in the eligible entity is complying with section 6312(e) of this title prior to, and throughout, each school year as of the date of application; (B) the eligible entity is not in violation of any State law, including State constitu- tional law, regarding the education of English learners, consistent with sections 6846 and 6847 of this title; (C) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and in- stitutions of higher education, in developing and implementing such plan; and (D) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including mi- grant and seasonal Head Start agencies, and other early childhood education providers. (c) Teacher English fluency Each eligible entity receiving a subgrant under section 6824 of this title shall include in its plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills. (Pub. L. 89–10, title III, § 3116, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1700; amended Pub. L. 114–95, title III, § 3003(g), Dec. 10, 2015, 129 Stat. 1961.) Editorial Notes PRIOR PROVISIONS Prior sections 6831 to 6833 were omitted in the general amendment of this subchapter by Pub. L. 107–110. Section 6831, Pub. L. 89–10, title III, § 3121, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3641, related to national long-range technology plan. Section 6832, Pub. L. 89–10, title III, § 3122, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3642, related to Federal leadership in promoting the use of technology in education. Section 6833, Pub. L. 89–10, title III, § 3123, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3644, related to study, evaluation and report of funding al- ternatives. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–95, § 3003(g)(1), added pars. (1) to (4) and struck out former pars. (1) to (6) which set out required content of plans submitted under subsec. (a). Subsec. (c). Pub. L. 114–95, § 3003(g)(2), substituted ‘‘English learners’’ for ‘‘limited English proficient chil- dren’’. Subsec. (d). Pub. L. 114–95, § 3003(g)(3), struck out sub- sec. (d) which related to other requirements for ap- proval. 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 2—ACCOUNTABILITY AND ADMINISTRATION § 6841. Reporting (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 a report, in a form prescribed by the agency, on the activities con- ducted and children served under such subpart that includes— (1) a description of the programs and activi- ties conducted by the entity with funds re- ceived under subpart 1 during the 2 imme- diately preceding fiscal years, which shall in- clude a description of how such programs and activities supplemented programs funded pri- marily with State or local funds; (2) the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section