 
 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 2--research, evaluation, and dissemination
 
Sec. 7454. State grant program


(a) State grant program

    The Secretary is authorized to make an award to a State educational 
agency that demonstrates, to the satisfaction of the Secretary, that 
such agency, through such agency's own programs and other Federal 
education programs, effectively provides for the education of children 
and youth of limited English proficiency within the State.

(b) Payments

    The amount paid to a State educational agency under subsection (a) 
of this section shall not exceed 5 percent of the total amount awarded 
to local educational agencies within the State under subpart 1 of this 
part for the previous fiscal year, except that in no case shall the 
amount paid by the Secretary to any State educational agency under this 
subsection for any fiscal year be less than $100,000.

(c) Use of funds

                           (1) In general

        A State educational agency shall use funds awarded under this 
    section for programs authorized by this section to--
            (A) assist local educational agencies in the State with 
        program design, capacity building, assessment of student 
        performance, and program evaluation; and
            (B) collect data on the State's limited English proficient 
        populations and the educational programs and services available 
        to such populations.

                            (2) Exception

        States which do not, as of October 20, 1994, have in place a 
    system for collecting the data described in subparagraph (B) of 
    paragraph (1) for all students in such State, are not required to 
    meet the requirement of such subparagraph. In the event such State 
    develops a system for collecting data on the educational programs 
    and services available to all students in the State, then such State 
    shall comply with the requirement of paragraph (1)(B).

                            (3) Training

        The State educational agency may also use funds provided under 
    this section for the training of State educational agency personnel 
    in educational issues affecting limited English proficient children 
    and youth.

                          (4) Special rule

        Recipients of funds under this section shall not restrict the 
    provision of services under this section to federally funded 
    programs.

(d) State consultation

    A State educational agency receiving funds under this section shall 
consult with recipients of grants under this subchapter and other 
individuals or organizations involved in the development or operation of 
programs serving limited English proficient children or youth to ensure 
that such funds are used in a manner consistent with the requirements of 
this subchapter.

(e) Applications

    A State educational agency desiring to receive funds under this 
section shall submit an application to the Secretary in such form, at 
such time, and containing such information and assurances as the 
Secretary may require.

(f) Supplement not supplant

    Funds made available under this section for any fiscal year shall be 
used by the State educational agency to supplement and, to the extent 
practical, to increase to the level of funds that would, in the absence 
of such funds, be made available by the State for the purposes described 
in this section, and in no case to supplant such funds.

(g) Report to Secretary

    State educational agencies receiving awards under this section shall 
provide for the annual submission of a summary report to the Secretary 
describing such State's use of such funds.

(Pub. L. 89-10, title VII, Sec. 7134, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3730.)

                  Section Referred to in Other Sections

    This section is referred to in section 7575 of this title.
