20 U.S.C. § 7013 — National clearinghouse

Page 1463 TITLE 20—EDUCATION § 7013 bilingual education and related programs (and coordi- nate its activities with the National Diffusion Net- work); ‘‘(6) studies to determine effective methods of teaching English to adults who have language pro- ficiencies other than English; ‘‘(7) studies to determine and evaluate effective methods of instruction for bilingual programs, taking into account language and cultural differences among students; ‘‘(8) studies to determine effective approaches to preservice and inservice training for teachers, taking into account the language and cultural differences of their students; ‘‘(9) the effect of such title on the capacity of local educational agencies to operate bilingual programs following the termination of assistance under this [such] title; and ‘‘(10) studies to determine effective and reliable methods for identifying gifted and talented students who have language proficiencies other than English. ‘‘(c) CONSULTATION AND DELEGATION OF AUTHORITY.— In carrying out the responsibilities of this section, the Secretary may delegate authority to the Director, and in any event, shall consult with the Director, rep- resentatives of State and local educational agencies, appropriate groups and organizations involved in bilin- gual education, the Committee on Labor and Human Resources [now Committee on Health, Education, Labor, and Pensions] of the Senate, and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives. ‘‘(d) PUBLICATION OF PROPOSALS.—The Secretary shall publish and disseminate all requests for proposals in re- search and development assisted under such title. ‘‘(e) LIMITATION OF AUTHORITY.—Nothing in this sec- tion shall be construed as authorizing the Secretary to conduct or support studies or analyses of the content of educational textbooks.’’ INFORMATION REGARDING BILINGUAL EDUCATION Pub. L. 100–297, title VI, § 6213, Apr. 28, 1988, 102 Stat. 429, as amended by Pub. L. 104–66, title I, § 1042(a), Dec. 21, 1995, 109 Stat. 715, provided that: ‘‘The Secretary [of Education] shall collect data for program management and accountability purposes regarding— ‘‘(1) a national assessment of the educational needs of children and other persons with limited English proficiency and of the extent to which such needs are being met from Federal, State, and local efforts; ‘‘(2) a plan, including cost estimates, to be carried out during the 5-year period beginning on such date [sic], for extending programs of bilingual education and bilingual vocational and adult education pro- grams to all such preschool and elementary school- children and other persons of limited English pro- ficiency, including a phased plan for the training of the necessary teachers and other education personnel necessary for such purpose; ‘‘(3) a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities; and ‘‘(4)(A) an assessment of the number of teachers and other educational personnel needed to carry out pro- grams of bilingual education under such title [sic] and those carried out under other programs for per- sons of limited English proficiency; ‘‘(B) a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs; and ‘‘(C) the number of other educational personnel needed to carry out programs of bilingual education in the States.’’ § 7012. Repealed. Pub. L. 114–95, title III, § 3001(5)(B), Dec. 10, 2015, 129 Stat. 1953 Section, Pub. L. 89–10, title III, § 3302, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1732, re- lated to parental notification. A prior section 3302 of Pub. L. 89–10 was classified to section 6922 of this title, prior to the general amend- ment 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. § 7013. National clearinghouse (a) In general The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language In- struction Educational Programs, which shall collect, analyze, synthesize, and disseminate in- formation about language instruction edu- cational programs for English learners, and re- lated programs. The National Clearinghouse shall— (1) be administered as an adjunct clearing- house of the Educational Resources Informa- tion Center Clearinghouses system supported by the Institute of Education Sciences; (2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; (3) develop a system for improving the oper- ation and effectiveness of federally funded lan- guage instruction educational programs; (4) collect and disseminate information on— (A) educational research and processes re- lated to the education of English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners; and (B) accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for lan- guage instruction educational programs; and (5) publish, on an annual basis, a list of grant recipients under this subchapter. (b) Construction Nothing in this section shall authorize the Secretary to hire additional personnel to exe- cute subsection (a). (Pub. L. 89–10, title III, § 3202, formerly § 3303, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1733; amended Pub. L. 107–279, title IV, § 404(d)(5)(B), Nov. 5, 2002, 116 Stat. 1986; renum- bered § 3202 and amended Pub. L. 114–95, title III, §§ 3001(5)(C), 3004(b), Dec. 10, 2015, 129 Stat. 1953, 1965.) Editorial Notes PRIOR PROVISIONS A prior section 3202 of Pub. L. 89–10 was classified to section 6892 of this title, prior to repeal by Pub. L. 114–95. Another prior section 3202 of Pub. L. 89–10 was classi- fied to section 6892 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Page 1464 TITLE 20—EDUCATION § 7014 AMENDMENTS 2015—Pub. L. 114–95, § 3004(b)(1), designated existing provisions as subsec. (a) and substituted ‘‘English learners’’ for ‘‘limited English proficient children’’ in introductory provisions. Subsec. (a)(4)(A). Pub. L. 114–95, § 3004(b)(2)(A), sub- stituted ‘‘English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners’’ for ‘‘limited English proficient children’’. Subsec. (a)(4)(B). Pub. L. 114–95, § 3004(b)(2)(B), sub- stituted ‘‘English learners’’ for ‘‘limited English pro- ficient children’’. Subsec. (b). Pub. L. 114–95, § 3004(b)(3), added subsec. (b). 2002—Par. (1). Pub. L. 107–279 substituted ‘‘Institute of Education Sciences’’ for ‘‘Office of Educational Re- search and Improvement’’. 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. § 7014. Regulations In developing regulations under this sub- chapter, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teach- ers and other personnel involved in the edu- cation of English learners. (Pub. L. 89–10, title III, § 3203, formerly § 3304, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1734; renumbered § 3203 and amended Pub. L. 114–95, title III, §§ 3001(5)(C), 3004(c), Dec. 10, 2015, 129 Stat. 1953, 1965.) Editorial Notes PRIOR PROVISIONS A prior section 3203 of Pub. L. 89–10 was classified to section 6893 of this title, prior to repeal by Pub. L. 114–95. Another prior section 3203 of Pub. L. 89–10 was classi- fied to section 6893 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, § 3004(c), substituted ‘‘rep- resenting English learners’’ for ‘‘representing limited English proficient individuals’’ and ‘‘education of English learners’’ for ‘‘education of 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. SUBCHAPTER IV—21ST CENTURY SCHOOLS Editorial Notes CODIFICATION Title IV of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, and amended by other public laws. Title IV is shown, herein, as having been added by Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1734, without reference to earlier amendments because of the extensive revision of the title’s provi- sions by Pub. L. 107–110. See Codification note pre- ceding section 6301 of this title. PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(a)(5)(A), Dec. 10, 2015, 129 Stat. 1966, substituted ‘‘Student Support and Academic Enrichment Grants’’ for ‘‘Safe and Drug-Free Schools and Communities’’ in part heading. § 7101. General provisions (a) Parental consent (1) In general (A) Informed written consent A State, local educational agency, or other entity receiving funds under this subchapter shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental- health assessment or service that is funded under this subchapter and conducted in con- nection with an elementary school or sec- ondary school under this subchapter. (B) Contents Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in de- tail such mental health assessment or serv- ice, including the purpose for such assess- ment or service, the provider of such assess- ment or service, when such assessment or service will begin, and how long such assess- ment or service may last. (C) Limitation The informed written consent required under this paragraph shall not be a waiver of any rights or protections under section 1232g of this title. (2) Exception Notwithstanding paragraph (1)(A), the writ- ten, informed consent described in such para- graph shall not be required in— (A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity per- sonnel; or (B) other instances in which an entity ac- tively seeks parental consent but such con- sent cannot be reasonably obtained, as de- termined by the State or local educational agency, including in the case of— (i) a child whose parent has not re- sponded to the notice described in para- graph (1)(B); or (ii) a child who has attained 14 years of age and is an unaccompanied youth, as de- fined in section 11434a of title 42. (b) Prohibited use of funds No funds under this subchapter may be used for medical services or drug treatment or reha-