 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 3--professional development
 
Sec. 7476. Application


(a) In general

                            (1) Secretary

        To receive an award 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) Consultation and assessment

        Each such application shall contain a description of how the 
    applicant has consulted with, and assessed the needs of, public and 
    private schools serving children and youth of limited-English 
    proficiency to determine such school's need for, and the design of, 
    the program for which funds are sought.

                          (3) Special rule

        (A) An application for a grant under subsection (a) of this 
    section from an applicant who proposes to conduct a master's- or 
    doctoral-level program with funds received under this section shall 
    provide an assurance that such program will include, as a part of 
    the program, a training practicum in a local school program serving 
    children and youth of limited-English proficiency.
        (B) A recipient of a grant under subsection (a) of this section 
    may waive the requirement of a training practicum for a degree 
    candidate with significant experience in a local school program 
    serving children and youth of limited-English proficiency.

                    (4) State educational agency

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

(b) State review and comments

                            (1) Deadline

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

                            (2) Comments

        (A) Regarding any application submitted under this subpart, 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, 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.

                             (3) Waiver

        Notwithstanding paragraphs (1) and (2), the Secretary is 
    authorized to waive the review requirement 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.

(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 awards under this subpart the Secretary shall take into 
consideration comments made by a State educational agency.

(e) Special rule

                (1) Outreach and technical assistance

        The Secretary shall provide for outreach and technical 
    assistance to institutions of higher education eligible for 
    assistance under title III of the Higher Education Act of 1965 [20 
    U.S.C. 1051 et seq.] and institutions of higher education that are 
    operated or funded by the Bureau of Indian Affairs to facilitate the 
    participation of such institutions in activities under this part.

                        (2) Distribution rule

        In making awards under this subpart, the Secretary, consistent 
    with subsection (d) of this section, shall ensure adequate 
    representation of Hispanic-serving institutions that demonstrate 
    competence and experience in the programs and activities authorized 
    under this subpart and are otherwise qualified.

(Pub. L. 89-10, title VII, Sec. 7146, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3735.)

                       References in Text

    The Higher Education Act of 1965, referred to in subsec. (e)(1), is 
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title III of 
the Act is classified generally to subchapter III (Sec. 1051 et seq.) of 
chapter 28 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1001 of this title and 
Tables.
