20 U.S.C. § 6861 — National professional development project

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; Page 1459 TITLE 20—EDUCATION § 6871 (3) to support strategies that strengthen and increase parent, family, and community mem- ber engagement in the education of English learners; (4) to develop, share, and disseminate effec- tive practices in the instruction of English learners and in increasing the student aca- demic achievement of English learners, such as through the use of technology-based pro- grams; (5) in conjunction with other Federal need- based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree in- volved, to meet certification or licensing re- quirements for teachers who work in language instruction educational programs or serve English learners; and (6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood edu- cation programs, such as Head Start or State- run preschool programs, to elementary school programs. (Pub. L. 89–10, title III, § 3131, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706; amended Pub. L. 114–95, title III, § 3003(m), Dec. 10, 2015, 129 Stat. 1964.) Editorial Notes PRIOR PROVISIONS A prior section 6861, Pub. L. 89–10, title III, § 3141, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3649, related to regional technical support and profes- sional development, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3131 of Pub. L. 89–10 was classified to section 6841 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 related to grants to be used for preservice professional development programs, for de- velopment of curricula, and for financial assistance for certain language teachers. 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 4—DEFINITIONS § 6871. Repealed. Pub. L. 114–95, title III, § 3001(2)(C), Dec. 10, 2015, 129 Stat. 1953 Section, Pub. L. 89–10, title III, § 3141, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706, de- fined ‘‘eligible entity’’. A prior section 6871, Pub. L. 89–10, title III, § 3151, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3652, related to educational technology product devel- opment, prior to the general amendment of this sub- chapter by Pub. L. 107–110. A prior section 3141 of Pub. L. 89–10 was classified to section 6861 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. Prior sections 6891 to 6894 were repealed by Pub. L. 114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1806, 1953, effective Dec. 10, 2015, except with respect to cer- tain noncompetitive programs and competitive pro- grams. Section 6891, Pub. L. 89–10, title III, § 3201, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1706, provided that former part B of this subchapter could be cited as the ‘‘Improving Language Instruction Edu- cational Programs For Academic Achievement Act’’. A prior section 6891, Pub. L. 89–10, title III, § 3201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3654, set out short title of the Star Schools Act, prior to the general amendment of this subchapter by Pub. L. 107–110. Section 6892, Pub. L. 89–10, title III, § 3202, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707, related to purpose of former part B of this subchapter. A prior section 6892, Pub. L. 89–10, title III, § 3202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3654, set forth findings relating to the Star Schools Program, prior to the general amendment of this sub- chapter by Pub. L. 107–110. Section 6893, Pub. L. 89–10, title III, § 3203, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707, related to Native American children in school. A prior section 6893, Pub. L. 89–10, title III, § 3203, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3655, set forth purpose of the Star Schools Program, prior to the general amendment of this subchapter by Pub. L. 107–110. Section 6894, Pub. L. 89–10, title III, § 3204, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707, related to residents of the territories and freely associ- ated states. A prior section 6894, Pub. L. 89–10, title III, § 3204, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3655, authorized grants, prior to the general amend- ment of this subchapter by Pub. L. 107–110. Prior sections 6895 to 6900 were omitted in the general amendment of this subchapter by Pub. L. 107–110. Section 6895, Pub. L. 89–10, title III, § 3205, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3656, related to eligible entities. Section 6896, Pub. L. 89–10, title III, § 3206, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3657, related to applications for grants. Section 6897, Pub. L. 89–10, title III, § 3207, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3660, related to leadership and evaluation activities. Section 6898, Pub. L. 89–10, title III, § 3208, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3661, defined terms. Section 6899, Pub. L. 89–10, title III, § 3209, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3661, set forth administrative provisions. Section 6900, Pub. L. 89–10, title III, § 3210, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3661, related to other assistance. Prior sections 6911 to 6918 were repealed by Pub. L. 114–95, § 5, title III, § 3001(3), Dec. 10, 2015, 129 Stat. 1806, 1953, effective Dec. 10, 2015, except with respect to cer- tain noncompetitive programs and competitive pro- grams. Section 6911, Pub. L. 89–10, title III, § 3211, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1707, related to financial assistance for language instruction educational programs. Section 6912, Pub. L. 89–10, title III, § 3212, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1708, related to program enhancement activities. Section 6913, Pub. L. 89–10, title III, § 3213, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1709, related to comprehensive school and systemwide im- provement activities. Section 6914, Pub. L. 89–10, title III, § 3214, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1712, related to grant applications. Section 6915, Pub. L. 89–10, title III, § 3215, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1716, related to capacity building. Section 6916, Pub. L. 89–10, title III, § 3216, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1716,