20 U.S.C. § 6822 — Native American and Alaska Native chil-

Page 1450 TITLE 20—EDUCATION § 6822 based on the State’s English language pro- ficiency assessment under section 6311(b)(2)(G) of this title, which may be multiyear estimates; or (iii) a combination of data available under clauses (i) and (ii); and (B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates. (Pub. L. 89–10, title III, § 3111, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1691; amended Pub. L. 114–95, title III, § 3003(b), Dec. 10, 2015, 129 Stat. 1954.) Editorial Notes PRIOR PROVISIONS A prior section 3111 of Pub. L. 89–10 was classified to section 6811 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (b)(2). Pub. L. 114–95, § 3003(b)(1)(A), added subpars. (A) to (E) and struck out former sub- pars. (A) to (D) which read as follows: ‘‘(A) Professional development activities, and other activities, that assist personnel in meeting State and local certification and licensing requirements for teaching limited English proficient children. ‘‘(B) Planning, evaluation, administration, and inter- agency coordination related to the subgrants referred to in paragraph (1). ‘‘(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving sub- grants from a State educational agency under this sub- part, including assistance in— ‘‘(i) identifying and implementing language in- struction educational programs and curricula that are based on scientifically based research on teaching limited English proficient children; ‘‘(ii) helping limited English proficient children meet the same challenging State academic content and student academic achievement standards as all children are expected to meet; ‘‘(iii) identifying or developing, and implementing, measures of English proficiency; and ‘‘(iv) promoting parental and community participa- tion in programs that serve limited English pro- ficient children. ‘‘(D) Providing recognition, which may include pro- viding financial awards, to subgrantees that have ex- ceeded their annual measurable achievement objectives pursuant to section 6842 of this title.’’ Subsec. (b)(3). Pub. L. 114–95, § 3003(b)(1)(B), sub- stituted ‘‘Direct administrative’’ for ‘‘Administrative’’ in heading and substituted ‘‘50 percent’’ for ‘‘60 per- cent’’ and inserted ‘‘direct’’ before ‘‘administrative costs’’ in text. Subsec. (c)(1). Pub. L. 114–95, § 3003(b)(2)(A)(i), sub- stituted ‘‘section 6801’’ for ‘‘section 6801(a)’’ in intro- ductory provisions. Subsec. (c)(1)(B). Pub. L. 114–95, § 3003(b)(2)(A)(ii), in- serted ‘‘and’’ after semicolon at end. Subsec. (c)(1)(C). Pub. L. 114–95, § 3003(b)(2)(A)(iii), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘6.5 percent of such amount for national activities under sections 6861 and 7013 of this title, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities con- ducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clear- inghouse for English Language Acquisition and Lan- guage Instruction Educational Programs described in section 7013 of this title; and’’. Subsec. (c)(1)(D). Pub. L. 114–95, § 3003(b)(2)(A)(iv), struck out subpar. (D) which read as follows: ‘‘such sums as may be necessary to make continuation awards under paragraph (2).’’ Subsec. (c)(2). Pub. L. 114–95, § 3003(b)(2)(B), (C), redes- ignated par. (3) as (2) and struck out former par. (2) which related to continuation awards. Subsec. (c)(2)(A). Pub. L. 114–95, § 3003(b)(2)(D)(i), sub- stituted ‘‘section 6801’’ for ‘‘section 6801(a)’’ in intro- ductory provisions. Subsec. (c)(2)(A)(i). Pub. L. 114–95, § 3003(b)(2)(D)(ii), substituted ‘‘English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and’’ for ‘‘limited English proficient children in the State bears to the number of such children in all States; and’’. Subsec. (c)(2)(A)(ii). Pub. L. 114–95, § 3003(b)(2)(D)(iii), inserted ‘‘, as determined in accordance with paragraph (3)(B)’’ before period at end. Subsec. (c)(3). Pub. L. 114–95, § 3003(b)(2)(E), added par. (3). Former par. (3) redesignated (2). Subsec. (c)(4). Pub. L. 114–95, § 3003(b)(2)(B), struck out par. (4) which related to use of data for determinations. 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. § 6822. Native American and Alaska Native chil- dren in school (a) Eligible entities For the purpose of carrying out programs under this part for individuals served by elemen- tary schools, secondary schools, and postsec- ondary schools operated predominately for Na- tive American children (including Alaska Native children), the following shall be considered to be an eligible entity: (1) An Indian tribe. (2) A tribally sanctioned educational author- ity. (3) A Native Hawaiian or Native American Pacific Islander native language educational organization. (4) An elementary school or secondary school that is operated or funded by the Bu- reau of Indian Education, or a consortium of such schools. (5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education, in con- sortium with another such school or a tribal or community organization. (6) An elementary school or secondary school operated by the Bureau of Indian Edu- cation and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Edu- cation or a tribal or community organization. (b) Submission of applications for assistance Notwithstanding any other provision of this part, an entity that is considered to be an eligi- ble entity under subsection (a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. (c) Special rule An eligible entity described in subsection (a) that receives Federal financial assistance pursu- 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—