 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
SUBCHAPTER VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS
 
                       Part E--General Provisions
 
Sec. 7601. Definitions; regulations

    Except as otherwise provided, for purposes of this subchapter--

                   (1) Bilingual education program

        The term ``bilingual education program'' means an educational 
    program for limited English proficient students that--
            (A) makes instructional use of both English and a student's 
        native language;
            (B) enables limited English proficient students to achieve 
        English proficiency and academic mastery of subject matter 
        content and higher order skills, including critical thinking, so 
        as to meet age-appropriate grade-promotion and graduation 
        standards in concert with the National Education Goals;
            (C) may also develop the native language skills of limited 
        English proficient students, or ancestral languages of American 
        Indians, Alaska Natives, Native Hawaiians and native residents 
        of the outlying areas; and
            (D) may include the participation of English-proficient 
        students if such program is designed to enable all enrolled 
        students to become proficient in English and a second language.

                       (2) Children and youth

        The term ``children and youth'' means individuals aged 3 through 
    21.

                  (3) Community-based organization

        The term ``community-based organization'' means a private 
    nonprofit organization of demonstrated effectiveness or Indian tribe 
    or tribally sanctioned educational authority which is representative 
    of a community or significant segments of a community and which 
    provides educational or related services to individuals in the 
    community. Such term includes Native Hawaiian organizations 
    including Native Hawaiian Educational Organizations as such term is 
    defined in section 4009 of the Augustus F. Hawkins-Robert T. 
    Stafford Elementary and Secondary School Improvement Amendments of 
    1988 (20 U.S.C. 4901 et seq.), as such Act was in effect on the day 
    preceding October 20, 1994.

                        (4) Community college

        The term ``community college'' means an institution of higher 
    education as defined in section 1001 of this title which provides 
    not less than a two-year program which is acceptable for full credit 
    toward a bachelor's degree, including institutions receiving 
    assistance under the Tribally Controlled College or University 
    Assistance Act of 1978 [25 U.S.C. 1801 et seq.].

                            (5) Director

        The term ``Director'' means the Director of the Office of 
    Bilingual Education and Minority Languages Affairs established under 
    section 3420 \1\ of this title.
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    \1\ See References in Text note below.
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                    (6) Family education program

        (A) The term ``family education program'' means a bilingual 
    education or special alternative instructional program that--
            (i) is designed--
                (I) to help limited English proficient adults and out-
            of-school youths achieve proficiency in the English 
            language; and
                (II) to provide instruction on how parents and family 
            members can facilitate the educational achievement of their 
            children;

            (ii) when feasible, uses instructional programs such as the 
        models developed under the Even Start Family Literacy Programs, 
        which promote adult literacy and train parents to support the 
        educational growth of their children and the Parents as Teachers 
        Program and the Home Instruction Program for Preschool 
        Youngsters; and
            (iii) gives preference to participation by parents and 
        immediate family members of children attending school.

        (B) Such term may include programs that provide instruction to 
    facilitate higher education and employment outcomes.

                  (7) Immigrant children and youth

        The term ``immigrant children and youth'' means individuals 
    who--
            (A) are aged 3 through 21;
            (B) were not born in any State; and
            (C) have not been attending one or more schools in any one 
        or more States for more than three full academic years.

        (8) Limited English proficiency and limited English 
                                 proficient

        The terms ``limited English proficiency'' and ``limited English 
    proficient'', when used with reference to an individual, mean an 
    individual--
            (A) who--
                (i) was not born in the United States or whose native 
            language is a language other than English and comes from an 
            environment where a language other than English is dominant; 
            or
                (ii) is a Native American or Alaska Native or who is a 
            native resident of the outlying areas and comes from an 
            environment where a language other than English has had a 
            significant impact on such individual's level of English 
            language proficiency; or
                (iii) is migratory and whose native language is other 
            than English and comes from an environment where a language 
            other than English is dominant; and

            (B) who has sufficient difficulty speaking, reading, 
        writing, or understanding the English language and whose 
        difficulties may deny such individual the opportunity to learn 
        successfully in classrooms where the language of instruction is 
        English or to participate fully in our society.

          (9) Native American and Native American language

        The terms ``Native American'' and ``Native American language'' 
    shall have the same meaning given such terms in section 2902 of 
    title 25.

      (10) Native Hawaiian or Native American Pacific Islander 
                  native language educational organization

        The term ``Native Hawaiian or Native American Pacific Islander 
    native language educational organization'' means a nonprofit 
    organization with a majority of its governing board and employees 
    consisting of fluent speakers of the traditional Native American 
    languages used in their educational programs and with not less than 
    five years successful experience in providing educational services 
    in traditional Native American languages.

                        (11) Native language

        The term ``native language'', when used with reference to an 
    individual of limited-English proficiency, means the language 
    normally used by such individual, or in the case of a child or 
    youth, the language normally used by the parents of the child or 
    youth.

                             (12) Office

        The term ``Office'' means the Office of Bilingual Education and 
    Minority Languages Affairs.

         (13) Other programs for persons of limited-English 
                                 proficiency

        The term ``other programs for persons of limited-English 
    proficiency'' means any programs administered by the Secretary that 
    serve persons of limited-English proficiency.

                        (14) Paraprofessional

        The term ``paraprofessional'' means an individual who is 
    employed in preschool, elementary or secondary school under the 
    supervision of a certified or licensed teacher, including 
    individuals employed in bilingual education, special education and 
    migrant education.

           (15) Special alternative instructional program

        The term ``special alternative instructional program'' means an 
    educational program for limited English proficient students that--
            (A) utilizes specially designed English language curricula 
        and services but does not use the student's native language for 
        instructional purposes;
            (B) enables limited English proficient students to achieve 
        English proficiency and academic mastery of subject matter 
        content and higher order skills, including critical thinking so 
        as to meet age-appropriate grade-promotion and graduation 
        standards in concert with the National Education Goals; and
            (C) is particularly appropriate for schools 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 and 
        where there is a critical shortage of bilingual education 
        teachers.

(Pub. L. 89-10, title VII, Sec. 7501, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3745; amended Pub. L. 105-244, title 
I, Sec. 102(a)(6)(J), title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 
1619, 1828.)

                       References in Text

    Section 4009 of the Augustus F. Hawkins-Robert T. Stafford 
Elementary and Secondary School Improvement Amendments of 1988, as such 
Act was in effect on the day preceding October 20, 1994, referred to in 
par. (3), means section 4009 of Pub. L. 100-297, which was classified to 
section 4909 of this title prior to repeal by Pub. L. 103-382, title 
III, Sec. 363, Oct. 20, 1994, 108 Stat. 3975.
    The Tribally Controlled College or University Assistance Act of 
1978, referred to in par. (4), is Pub. L. 95-471, Oct. 17, 1978, 92 
Stat. 1325, as amended, which is classified principally to chapter 20 
(Sec. 1801 et seq.) of Title 25, Indians. For complete classification of 
this Act to the Code, see Short Title note set out under section 1801 of 
Title 25 and Tables.
    Section 3420 of this title, referred to in par. (5), was in the 
original ``section 210 of the Department of Education Organization 
Act'', meaning section 210 of Pub. L. 96-88, which was translated as 
reading section 209 of that Act to reflect the probable intent of 
Congress and the renumbering of section 210 as section 209 by Pub. L. 
103-382, title II, Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.


                               Amendments

    1998--Par. (4). Pub. L. 105-244, Sec. 901(d), substituted ``Tribally 
Controlled College or University Assistance Act of 1978'' for ``Tribally 
Controlled Community College Assistance Act of 1978''.
    Pub. L. 105-244, Sec. 102(a)(6)(J), substituted ``section 1001'' for 
``section 1141(a)''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 12899f.
