 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
SUBCHAPTER VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS
 
                       Part A--Bilingual Education
 
    subpart 1--bilingual education capacity and demonstration grants
 
Sec. 7426. Applications


(a) In general

                            (1) Secretary

        To receive a grant under this subpart, an eligible entity shall 
    submit an application to the Secretary at such time, in such form, 
    and containing such information as the Secretary may require.

                    (2) State educational agency

        An eligible entity, with the exception of schools funded by the 
    Bureau of Indian Affairs, shall submit a copy of its application 
    under this section to the State educational agency.

(b) State review and comments

                            (1) Deadline

        The State educational agency, not later than 45 days after 
    receipt of an application under this section, shall review the 
    application and transmit such application to the Secretary.

                            (2) Comments

        (A) Regarding any application submitted under this subchapter, 
    the State educational agency shall--
            (i) submit to the Secretary written comments regarding all 
        such applications; and
            (ii) submit to each eligible entity the comments that 
        pertain to such entity.

        (B) For purposes of this subpart, such comments shall address 
    how the eligible entity--
            (i) will further the academic achievement of limited English 
        proficient students served pursuant to a grant received under 
        this subpart; and
            (ii) how the grant application is consistent with the State 
        plan submitted under section 6311 of this title.

(c) Eligible entity comments

    An eligible entity may submit to the Secretary comments that address 
the comments submitted by the State educational agency.

(d) Comment consideration

    In making grants under this subpart the Secretary shall take into 
consideration comments made by a State educational agency.

(e) Waiver

    Notwithstanding subsection (b) of this section, the Secretary is 
authorized to waive the review requirement of subsection (b) of this 
section if a State educational agency can demonstrate that such review 
requirement may impede such agency's ability to fulfill the requirements 
of participation in the State grant program, particularly such agency's 
data collection efforts and such agency's ability to provide technical 
assistance to local educational agencies not receiving funds under this 
chapter.

(f) Required documentation

    Such application shall include documentation that the applicant has 
the qualified personnel required to develop, administer, and implement 
the proposed program.

(g) Contents

                           (1) In general

        An application for a grant under this subpart shall contain the 
    following:
            (A) A description of the need for the proposed program, 
        including data on the number of children and youth of limited-
        English proficiency in the school or school district to be 
        served and the characteristics of such children and youth, such 
        as language spoken, dropout rates, proficiency in English and 
        the native language, academic standing in relation to the 
        English-proficient peers of such children and youth, and, where 
        applicable, the recency of immigration.
            (B) A description of the program to be implemented and how 
        such program's design--
                (i) relates to the linguistic and academic needs of the 
            children and youth of limited-English proficiency to be 
            served;
                (ii) is coordinated with other programs under this 
            chapter, the Goals 2000: Educate America Act [20 U.S.C. 5801 
            et seq.] and other Acts, as appropriate, in accordance with 
            section 8856 of this title;
                (iii) involves the parents of the children and youth of 
            limited-English proficiency to be served;
                (iv) ensures accountability in achieving high academic 
            standards; and
                (v) promotes coordination of services for the children 
            and youth of limited-English proficiency to be served and 
            their families.

            (C) A description, if appropriate, of the applicant's 
        collaborative activities with institutions of higher education, 
        community-based organizations, local or State educational 
        agencies, private schools, nonprofit organizations, or 
        businesses in carrying out the proposed program.
            (D) An assurance that the applicant will not reduce the 
        level of State and local funds that the applicant expends for 
        bilingual education or special alternative instruction programs 
        if the applicant receives an award under this subpart.
            (E) An assurance that the applicant will employ teachers in 
        the proposed program that, individually or in combination, are 
        proficient in English, including written, as well as oral, 
        communication skills.
            (F) A budget for grant funds.

                     (2) Additional information

        Each application for a grant under section 7424 or 7425 of this 
    title shall--
            (A) describe--
                (i) current services the applicant provides to children 
            and youth of limited-English proficiency;
                (ii) what services children and youth of limited-English 
            proficiency will receive under the grant that such children 
            or youth will not otherwise receive;
                (iii) how funds received under this subpart will be 
            integrated with all other Federal, State, local, and private 
            resources that may be used to serve children and youth of 
            limited-English proficiency;
                (iv) specific achievement and school retention goals for 
            the children and youth to be served by the proposed program 
            and how progress toward achieving such goals will be 
            measured; and
                (v) current family education programs if applicable; and

            (B) provide assurances that--
                (i) the program funded will be integrated with the 
            overall educational program; and
                (ii) the application has been developed in consultation 
            with an advisory council, the majority of whose members are 
            parents and other representatives of the children and youth 
            to be served in such programs.

(h) Approval of applications

    An application for a grant under this subpart may be approved only 
if the Secretary determines that--
        (1) the program will use qualified personnel, including 
    personnel who are proficient in the language or languages used for 
    instruction;
        (2) in designing the program for which application is made, the 
    needs of children in nonprofit private elementary and secondary 
    schools have been taken into account through consultation with 
    appropriate private school officials and, consistent with the number 
    of such children enrolled in such schools in the area to be served 
    whose educational needs are of the type and whose language and grade 
    levels are of a similar type to those which the program is intended 
    to address, after consultation with appropriate private school 
    officials, provision has been made for the participation of such 
    children on a basis comparable to that provided for public school 
    children;
        (3) student evaluation and assessment procedures in the program 
    are valid, reliable, and fair for limited English proficient 
    students, and that limited English proficient students who are 
    disabled are identified and served in accordance with the 
    requirements of the Individuals with Disabilities Education Act [20 
    U.S.C. 1400 et seq.];
        (4) Federal funds made available for the project or activity 
    will be used so as to supplement the level of State and local funds 
    that, in the absence of such Federal funds, would have been expended 
    for special programs for children of limited English proficient 
    individuals and in no case to supplant such State and local funds, 
    except that nothing in this paragraph shall be construed to preclude 
    a local educational agency from using funds under this subchapter 
    for activities carried out under an order of a court of the United 
    States or of any State respecting services to be provided such 
    children, or to carry out a plan approved by the Secretary as 
    adequate under title VI of the Civil Rights Act of 1964 [42 U.S.C. 
    2000d et seq.] with respect to services to be provided such 
    children;
        (5) the assistance provided under the application will 
    contribute toward building the capacity of the applicant to provide 
    a program on a regular basis, similar to that proposed for 
    assistance, which will be of sufficient size, scope, and quality to 
    promise significant improvement in the education of students of 
    limited-English proficiency, and that the applicant will have the 
    resources and commitment to continue the program when assistance 
    under this subpart is reduced or no longer available; and
        (6) the applicant provides for utilization of the State and 
    national dissemination sources for program design and in 
    dissemination of results and products.

(i) Priorities and special rules

                            (1) Priority

        The Secretary shall give priority to applications which provide 
    for the development of bilingual proficiency both in English and 
    another language for all participating students.

            (2) Special alternative instructional program

        Grants for special alternative instructional programs under this 
    subpart shall not exceed 25 percent of the funds provided for any 
    type of grant under any section, or of the total funds provided, 
    under this subpart for any fiscal year.

                          (3) Special rule

        Notwithstanding paragraph (2), the Secretary may award grants 
    under this subpart for special alternative instructional programs if 
    an applicant has demonstrated that the applicant cannot develop and 
    implement a bilingual education program for the following reasons:
            (A) Where the diversity of the limited English proficient 
        students' native languages and the small number of students 
        speaking each respective language makes bilingual education 
        impractical.
            (B) Where, despite documented efforts, the applicant has not 
        been able to hire qualified instructional personnel who are able 
        to communicate in the students' native language.

                          (4) Consideration

        In approving applications under this subpart, the Secretary 
    shall give consideration to the degree to which the program for 
    which assistance is sought involves the collaborative efforts of 
    institutions of higher education, community-based organizations, the 
    appropriate local and State educational agency, or businesses.

                        (5) Due consideration

        The Secretary shall give due consideration to applications 
    providing training for personnel participating in or preparing to 
    participate in the program which will assist such personnel in 
    meeting State and local certification requirements and that, to the 
    extent possible, describe how college or university credit will be 
    awarded for such training.

(Pub. L. 89-10, title VII, Sec. 7116, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3723.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsec. 
(g)(1)(B)(ii), is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except 
titles V and IX), as amended, which is classified principally to chapter 
68 (Sec. 5801 et seq.) of this title (except subchapters V (Sec. 5931 et 
seq.) and IX (Sec. 6001 et seq.)). For complete classification of this 
Act to the Code, see Short Title note set out under section 5801 of this 
title and Tables.
    The Individuals with Disabilities Education Act, referred to in 
subsec. (h)(3), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 
175, as amended, which is classified generally to chapter 33 (Sec. 1400 
et seq.) of this title. For complete classification of this Act to the 
Code, see section 1400 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (h)(4), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act 
is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 
21 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2000a of Title 42 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 7422, 7423, 7424, 7425 of 
this title.
