§ 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, § 7116, as added Pub. L. 103–382, title I, § 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 (§ 5801 et seq.) of this title (except subchapters V (§ 5931 et seq.) and IX (§ 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 (§ 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 (§ 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.

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