20 U.S.C. § 6823 — State and specially qualified agency plans

Page 1451 TITLE 20—EDUCATION § 6823 ant to this section shall not be eligible to re- ceive a subgrant under section 6824 of this title. (Pub. L. 89–10, title III, § 3112, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694; amended Pub. L. 114–95, title III, § 3003(c), Dec. 10, 2015, 129 Stat. 1956.) Editorial Notes PRIOR PROVISIONS A prior section 3112 of Pub. L. 89–10 was classified to section 6812 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a)(4) to (6). Pub. L. 114–95 substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’ wherever appearing. 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. § 6823. State and specially qualified agency plans (a) Plan required Each State educational agency and specially qualified agency desiring a grant under this sub- part shall submit a plan to the Secretary at such time and in such manner as the Secretary may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the process that the agency will use in awarding subgrants to eligible entities under section 6824(d)(1) of this title; (2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of en- rollment in a school in the State; (3) provide an assurance that— (A) the agency will ensure that eligible en- tities receiving a subgrant under this sub- part comply with the requirement in section 6311(b)(2)(B)(ix) of this title regarding assess- ment of English learners in English; (B) the agency will ensure that eligible en- tities receiving a subgrant under this sub- part annually assess the English proficiency of all English learners participating in a pro- gram funded under this subpart, consistent with section 6311(b)(2)(G) of this title; (C) in awarding subgrants under section 6824 of this title, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; (D) subgrants to eligible entities under section 6824(d)(1) of this title will be of suffi- cient size and scope to allow such entities to carry out effective language instruction edu- cational programs for English learners; (E) the agency will require an eligible enti- ty receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer ef- fective language instruction educational programs that assist English learners in meeting challenging State academic stand- ards; (F) the agency will monitor each eligible entity receiving a subgrant under this sub- part for compliance with applicable Federal fiscal requirements; and (G) the plan has been developed in con- sultation with local educational agencies, teachers, administrators of programs imple- mented under this subpart, parents of English learners, and other relevant stake- holders; (4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this chapter and other Acts, as appropriate; (5) describe how each eligible entity will be given the flexibility to teach English learn- ers— (A) using a high-quality, effective lan- guage instruction curriculum for teaching English learners; and (B) in the manner the eligible entity deter- mines to be the most effective; (6) describe how the agency will assist eligi- ble entities in meeting— (A) the State-designed long-term goals es- tablished under section 6311(c)(4)(A)(ii) of this title, including measurements of in- terim progress towards meeting such goals, based on the State’s English language pro- ficiency assessment under section 6311(b)(2)(G) of this title; and (B) the challenging State academic stand- ards; (7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 6824(d) of this title; and (8) describe— (A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English pro- ficiency; and (B) the steps the agency will take to fur- ther assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies. (c) Approval The Secretary, after using a peer review proc- ess, shall approve a plan submitted under sub- section (a) if the plan meets the requirements of this section. (d) Duration of plan (1) In general Each plan submitted by a State educational agency or specially qualified agency and ap- proved under subsection (c) shall— Page 1452 TITLE 20—EDUCATION § 6824 (A) remain in effect for the duration of the agency’s participation under this subpart; and (B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs car- ried out under this subpart. (2) Additional information (A) Amendments If the State educational agency or spe- cially qualified agency amends the plan, the agency shall submit such amendment to the Secretary. (B) Approval The Secretary shall approve such amend- ment to an approved plan, unless the Sec- retary determines that the amendment will result in the agency not meeting the re- quirements, or fulfilling the purposes, of this subpart. (e) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 7842 of this title. (f) Secretary assistance The Secretary shall provide technical assist- ance, if requested by the State, in the develop- ment of English proficiency standards and as- sessments. (Pub. L. 89–10, title III, § 3113, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694; amended Pub. L. 114–95, title III, § 3003(d), Dec. 10, 2015, 129 Stat. 1956.) Editorial Notes PRIOR PROVISIONS A prior section 3113 of Pub. L. 89–10 was classified to section 6813 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 3003(d)(1), sub- stituted ‘‘and in such manner’’ for ‘‘, in such manner, and containing such information’’. Subsec. (b)(1). Pub. L. 114–95, § 3003(d)(2)(A), sub- stituted ‘‘awarding’’ for ‘‘making’’. Subsec. (b)(2) to (8). Pub. L. 114–95, § 3003(d)(2)(B), added pars. (2) to (8) and struck out former pars. (2) to (6) which related to establishing standards and objec- tives for raising the level of English proficiency, assur- ances by the agency, coordination of programs and ac- tivities under this subpart with other programs and ac- tivities, accountability, and flexibility in teaching lim- ited English proficient children, respectively. Subsec. (d). Pub. L. 114–95, § 3003(d)(3), substituted ‘‘this subpart’’ for ‘‘this part’’ wherever appearing. Subsec. (e). Pub. L. 114–95, § 3003(d)(4), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title. Subsec. (f). Pub. L. 114–95, § 3003(d)(5), inserted ‘‘by the State’’ after ‘‘if requested’’ and struck out ‘‘, objectives,’’ after ‘‘proficiency standards’’. 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. § 6824. Within-State allocations (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 6821(c)(2) of this title shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State. (b) Limitation A State educational agency shall not award a subgrant from an allocation made under sub- section (a) if the amount of such subgrant would be less than $10,000. (c) Reallocation Whenever a State educational agency deter- mines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservation A State educational agency receiving a grant under this subpart for a fiscal year— (1) shall reserve not more than 15 percent of the agency’s allotment under section 6821(c)(2) of this title to award subgrants to eligible en- tities in the State that have experienced a sig- nificant increase, as compared to the average of the 2 preceding fiscal years, in the percent- age or number of immigrant children and youth, who have enrolled, during the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and sec- ondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and (2) in awarding subgrants under paragraph (1)— (A) shall equally consider eligible entities that satisfy the requirement of such para- graph but have limited or no experience in serving immigrant children and youth; and (B) shall consider the quality of each local plan under section 6826 of this title and en- sure that each subgrant is of sufficient size and scope to meet the purposes of this part. (Pub. L. 89–10, title III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696; amended Pub. L. 114–95, title III, § 3003(e), Dec. 10, 2015, 129 Stat. 1958.) Editorial Notes PRIOR PROVISIONS A prior section 3114 of Pub. L. 89–10 was classified to section 6814 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110.