20 U.S.C. § 6841 — Reporting

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 Page 1456 TITLE 20—EDUCATION § 6842 1 So in original. Probably should be ‘‘6311(b)(1)(F)’’. 6311(c)(4)(A)(ii) of this title, in the aggregate and disaggregated, at a minimum, by English learners with a disability; (3) the number and percentage of English learners in the programs and activities attain- ing English language proficiency based on State English language proficiency standards established under section 6311(b)(1)(G) 1 of this title by the end of each school year, as deter- mined by the State’s English language pro- ficiency assessment under section 6311(b)(2)(G) of this title; (4) the number and percentage of English learners who exit the language instruction educational programs based on their attain- ment of English language proficiency; (5) the number and percentage of English learners meeting challenging State academic standards for each of the 4 years after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a dis- ability; (6) the number and percentage of English learners who have not attained English lan- guage proficiency within 5 years of initial classification as an English learner and first enrollment in the local educational agency; and (7) any other information that the State educational agency may require. (b) Use of report A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under this part. (c) Special rule for specially qualified agencies Each specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary sub- ject to the same requirements as apply to eligi- ble entities providing such evaluations to State educational agencies under such subsection. (Pub. L. 89–10, title III, § 3121, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1701; amended Pub. L. 114–95, title III, § 3003(h), Dec. 10, 2015, 129 Stat. 1962.) Editorial Notes PRIOR PROVISIONS A prior section 6841, Pub. L. 89–10, title III, § 3131, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3644, related to allotment and reallotment of funds, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3121 of Pub. L. 89–10 was classified to section 6831 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 (e) relating to evaluations. 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. § 6842. Repealed. Pub. L. 114–95, title III, § 3001(2)(A), Dec. 10, 2015, 129 Stat. 1953 Section, Pub. L. 89–10, title III, § 3122, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1702, re- lated to achievement objectives and accountability. A prior section 6842, Pub. L. 89–10, title III, § 3132, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3645, related to school technology resource grants, prior to the general amendment 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. § 6843. Biennial reports (a) States Based upon the reports provided to a State educational agency under section 6841 of this title, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on pro- grams and activities carried out by the State educational agency under this part and the ef- fectiveness of such programs and activities in improving the education provided to English learners. (b) Secretary Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— (1) on programs and activities carried out to serve English learners under this part, and the effectiveness of such programs and activities in improving the academic achievement and English proficiency of English learners; (2) on the types of language instruction edu- cational programs used by local educational agencies or eligible entities receiving funding under this part to teach English learners; (3) containing a critical synthesis of data re- ported by eligible entities to States under sec- tion 6841(a) of this title; (4) containing a description of technical as- sistance and other assistance provided by State educational agencies under section 6821(b)(2)(D) of this title; (5) containing an estimate of the number of certified or licensed teachers working in lan- guage instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be need- ed for the succeeding 5 fiscal years; (6) containing the findings of the most re- cent evaluation related to English learners carried out under section 7981 of this title; (7) containing the number of programs or ac- tivities, if any, that were terminated because the entities carrying out the programs or ac- tivities were not able to reach program goals;