1:49 PM 12 Jun 1998
| from: |
Constance J. Bowers |
| to: |
US, Barbara, Barry, Broderick, Cecilia E. Rouse, Constance J. Bowers, Daniel I., Daniel J., Diana, Edward M., Edward W., Elena Kagan, James C. Murr, Jane T., Janet R. Forsgren, Jennifer E., Jonathan H., Karen E., Kate P., Leslie S., Maria, Michael, Mickey, Pamula L., Robert G., Robert M., Rosalyn J. Rettman, Sandra, Shelly A., Tanya E. Martin, William P. |
Comments are requested on ED draft bill ("English Language Acquisition and
Learning Accountability Act of 1998") by 11:00 a.m., Monday, June 15, 1998
A meeting to discuss comments on the bill will be held on Monday
separate notification with details from Mike Cohen will follow.
Sectional Speaker Bill Text
Analysis Letter Click:
Click: Click:
Total Pages: ____
LRM 1D: CJB228
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Friday, June 12, 1998
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution below
FROM: Janet R. Forsgren (for) Assistant Director for Legislative
Reference
OMB CONTACT: Constance J. Bowers
PHONE: (202)395-3803 FAX: (202)395-6148
SUBJECT: EDUCATION Draft Bill on English Language Acquisition and
Learning Accountability Act of 1998
DEADLINE: 11:00 Monday, June 15, 1998
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: This draft bill will be discussed at a meeting to be scheduled
for Monday, June 15th (specific notification from Mike Cohen to follow).
Therefore, please provide any comments by this deadline so that they may
be discussed at the meeting.
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE - L. Anthony Sutin - (202) 514-2141
EOP:
Barbara Chow
Sandra Yamin
Michael Cohen
Robert M. Shireman
Jonathan H. Schnur
Tanya E. Martin
Janet Murguia
Broderick Johnson
Maria Echaveste
Karen E. Skelton
Mickey Ibarra
Kate P. Donovan
William P. Marshall
Elena Kagan
Diana Fortuna
Barry White
Leslie S. Mustain
Daniel J. Chenok
Daniel I. Werfel
Cecilia E. Rouse
Edward W. Correia
Robert G. Damus
Rosalyn J. Rettman
Edward M. Rea
Pamula L. Simms
Shelly A. McAllister
Jennifer E. Brown
Janet R. Forsgren
LRM ID: CJB228 SUBJECT: EDUCATION Draft Bill on English Language
Acquisition and Learning Accountability Act of 1998
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
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Please include the LRM number shown above, and the subject shown below.
TO: Constance J. Bowers Phone: 395-3803 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-7362
FROM: (Date)
(Name)
(Agency)
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The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet===========
ATT CREATION TIME/DATE: 0 00:00:00.00
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CD2775781FB001579BE4547D856A530E6D6CFF1DD06D3668351952DOOE497246851DFFCCA831EO
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DRAFT 6/12/98 - 12:30 PM
A BILL
To enhance the effectiveness and accountability of programs under Title VII of the
Elementary and Secondary Education Act of 1965, and for other purposes.
Be it enacted by the Senate and the House of Representatives of the United States of America
in Congress assembled, That this Act may be cited as the "Bilingual Education Act Amendments
ofI998".
TITLE AND SHORT NAME CHANGES
SEC2. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et
~; hereinafter referred to as "the Act") is amended--
(1) in the title heading--
(A) by striking out "BILINGUAL EDUCATION,"; and
(B) by striking out the comma before "AND";
(2) by amending the heading for Part A to read as follows: "PART A - ENGLISH
LANGUAGE ACQUISITION AND ACADEMIC LEARNING"; and
(3) in section 7101 ofthe Act, by striking out "Bilingual Education Act" and inserting
in lieu thereof "English Language Acquisition and Academic Learning Act" .
PROGRAM GOAL AND APPLICATION REQUIREMENTS
SEC. 3. Section 7116 of the Act is amended--
(1) in subsection (g)( 1)--
(A) in subparagraph (A)--
(i) by striking out "data on the number" and inserting in lieu thereof
"the number and English proficiency levels"; and
(ii) by inserting "(based on student assessment data)" after
"proficiency in English";
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(B) by redesignating subparagraphs (C) through (F) as subparagraphs (D)
through (0), respectively; and
(C) by adding a new subparagraph (C) to read as follows:
n(C) A description of--
n(i) how the applicant will identify and place students with limited
English proficiency in a program; .
n(ii) how the applicant will determine, consistent with section 7123,
whether such students are making progress towards the goal of transferring into regular English
language classrooms within three years;
n(iii) how the applicant will determine when such students are ready to
transfer into regular English language classrooms successfully; and
n(iv) the assessments the applicant will use.in making such
identifications and determinations. n;
(2) in subsection (h)--
(A) by redesignating paragraphs (1) through (6) as paragraphs (3) through (8),
respectively; and
(B) by adding a new paragraphs (I) and (2) to read as follows:
n(l) the applicant's program has a goal of preparing participating students with limited
English proficiency to transfer into regular English language classrooms successfully within three
years;
n(2) the applicant's program will conduct an annual assessment of the English
proficiency of the students with limited English proficiency participating in the program;n; and
(3) in subsection (i)--
(A) by striking out paragraphs (1), (2), and (3);
(B) by adding a new paragraph (1) to read as follows:
n(l) The Secretary shall give priority to applications that demonstrate that the
applicant has in place an accountability system that is designed to measure if students with
limited English proficiency are successfully transferring into regular English language
2
classrooms."; and Hex-Dump Conversion
(C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3),
respectively.
ANNUAL PROGRAM EVALUATIONS
SEC. 4. Section 7123 of the Act is amended--
(1) in subsection (a)--
(A) by inserting "annual" immediately before "evaluation"; and
(8) in paragraph (2), by striking out "and" at the end thereof;
(C) in paragraph (3), by striking out the period at the end thereof and inserting
a semicolon and "and"; and
(D) by striking out "every two years" at the end thereof;
(2) in subsection (b )--
(A) in paragraph (1), by inserting "and accountability" after "improvement";
and
(8) at the end thereof, by adding new paragraphs (4) and (5) to read as
follows:
"(4) to determine how to help participating students with limited English proficiency
succeed in reaching the goal of transferring into regular English language classrooms within three
years; and
"(5) to determine if participating students with limited English proficiency need
programmatic changes or additional services (such as tutoring, summer school, or after-school
services) to reach the goal of a successful transition to regular English language classrooms within
three years.";
(3) by amending subsection (c) to read'as follows:
"(c) EVALUATION COMPONENTS.--Evaluations shall include--
"(1) information on the extent to which students are achieving to State student
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Automated Records Management Systerr
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"(2) data and infonnation on program participants, including--
"(A) an assessment of the English proficiency of the students with limited
English proficiency participating in the program;
"(B) the number and percentage of students with limited English proficiency
participating in the program who have met State or local requirements for transferring
successfully into a regular English language classrooms and have exited, or are ready to exit, the
program; and
"(C) comparisons of children and youth, with and without, limited English
proficiency with regard to school retention, academic achievement, and gains in English (and,
where applicable, native language) proficiency;
"(3) program implementation indicators that provide infonnation for infonning and
improving program management and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements, appropriateness of program
management, appropriateness of the program's staff professional development, and
appropriateness of the language of instruction;
"(4) program context indicators that describe the relationship of the activities funded
under the grant to the overall school program and other Federal, State, or local programs serving
children and youth with limited English proficiency;
"(5) data and infonnation that indicate whether students with limited English
proficiency participating in the program are making progress towards the goal of transferring
successfully into a regular English language classroom within three years; and
"(6) such other infonnation as the Secretary may require."; and
(4) by adding new subsections (d) and (e) to read as follows:
"(d) METHODOLOGY--In gathering the data and infonnation required under subsection (c),
a recipient shall conduct an assessment of the educational status of each student with limited
English proficiency who participates in its program.. Such assessment shall be based on the
student's English proficiency and overall academic development.
"(e) REPORT.--(l) Each recipient shall make its evaluation under this section readily
available to the public.
"(2) The Secretary shall send to the President and the appropriate committees of the
4
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Congress a biennial report summarizing the data and information in the evaluations required
under this section.".
CORRECTIVE ACTION PLANS FOR COMPREHENSIVE SCHOOL AND SYSTEMWIDE
GRANTS
SEC. 5. Subpart 1 of title VII of the Act is further amended--
(1) by redesignating section 7124 as section 7126; and
(2) by adding new sections 7124 and 7125 to read as follows:
"INCENTIVES FOR OUTSTANDING PROGRESS FOR COMPREHENSIVE SCHOOL
AND SYSTEMWIDE GRANTS
"SEC. 7124. INCENTIVES.--Notwithstanding section 7114(b)(I)(B) and section
7115(b )(I)(B), if the Secretary determines that a recipient's program under sections 7114 or
7115 has shown outstanding progress in transferring students with limited English proficiency
into regular English language classrooms successfully, the Secretary shall, upon application and
continued progress, extend the recipient's funding for such program for two years. The recipient
shall use a portion of such extended funding to disseminate information and provide technical
assistance related to its program.
"CORRECTIVE ACTION PLANS FOR COMPREHENSIVE SCHOOL AND SYSTEMWIDE
GRANTS
"SEC. 7125. (a) INDICATORS OF ADEOUATE PROGRESS.--In consultation with experts
recognized in the field, the Secretary shall establish performance indicators to determine if
programs under sections 7114 and 7115 are making adequate progress toward meeting the goal
of preparing students with limited English proficiency to transfer into regular English language
classrooms successfully within three years.
"(b) DETERMINATION OF ADEOUATE PROGRESS.--(I) The Secretary, before making a
continuation award for the fourth year of program services, shall determine if a program is
making adequate progress.
"(2) The Secretary shall base the determination under paragraph (1) on the indicators
described in subsection (al and--
"(A) the data and information collected under section 7123; and
"(B) such other data and information as the Secretary may require.
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"(c) CORRECTIVE ACTION PLANS.--(I)(A) If the Secretary detennines that a program
requesting a fourth-year continuation award under section 7114 or section 7115 is not making
adequate progress toward the goal of successfully transferring participating students with limited
English proficiency to a regular English language classroom within three years, the Secretary
shall require the recipient to promptly develop and submit to the Secretary a corrective action
plan for its program.
"(B) If the Secretary approves the plan, the recipient shall report to the
Secretary within one year on the success of its activities under the plan in enabling such students
to transfer successfully to regular English language classrooms successfully within three years.
"(2)(A) The Secretary shall approve a corrective action plan only ifhe or she
detennines that it holds reasonable promise of enabling students with limited English proficiency
participating in the program to transfer to regular English language classrooms successfully
within three years. .
"(B) If the Secretary detennines that a recipient's plan does not hold
reasonable promise of success, the Secretary shall take such other action as he or she detennines
to be appropriate, including a denial of a continuation award.
"(3) If the Secretary, after receiving the recipient's report under paragraph (1)(B),
detennines that the recipient's program is not making adequate progress, the Secretary shall deny
the recipient a continuation award.".
DEMONSTRATIONS
SEC. 6. Subpart 2 ofPart A of the Act is amended by--
(1) amending the subpart title to read "RESEARCH, EVALUATION,
DISSEMINATION, AND DEMONSTRATIONS"; and
(2) adding at the end thereof the following new section 7137 to read as follows:
DEMONSTRATIONS
"SEC.7137. (a) IN GENERAL.--The Secretary may make grants to support programs that
demonstrate innovative, research-based methods for enabling children and youth (through
age 21) with limited English proficiency to reach English proficiency within three years.
"(b) FOLLOW-UP.--Each program carried out under subsection (a) shall track, using
effective assessment and data-collection practices, students' English-language acquisition and
academic development during the three-year period described in subsection (a).
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"(c) GRANT PREFERENCE AND PRIORITIES.--(I) In awarding grants for programs under
subsection (a), the Secretary shall seek to fund a range of approaches that cover the educational
continuum, beginning with preschool and continuing through programs that serve out-of-school
youth through age 21.
"(2) The Secretary shall give priority to applicants that propose to implement these
programs in coordination with programs carried out under part A oftitle I of this Act.
"(3) The Secretary may also give priority to programs that seek to transfer students'
reading skills from the native language to English, that employ educational technologies in
innovative ways, that demonstrate innovative methods for inclusion of students with limited
English proficiency in assessments given to other children, that serve older children and youth
who are not literate in their own language, that provide literacy services for parents of children
with limited English proficiency, or that serve children from a variety of language backgrounds.".
PROFESSIONAL DEVELOPMENT
SEC. 7. Subpart 3 of Part A of the Act is amended by adding at the end thereof the
following new section:
"PRIORITY
"SEC. 7151. PRIORITY.--In making awards under this subpart, the Secretary may give
priority to applications that propose to link individuals who are pursuing a course of study to
prepare them to serve limited English proficient students with teachers who are successful and
experienced in serving these students, so that those aspiring to become bilingual or
English-as-a-second-language teachers may learn from their more experienced counterparts.".
AUTHORIZATION OF APPROPRIATIONS
SEC. 8. [Like Rigg's bill, we will treat this as a reauthorization of the program and put
in such sums language for fiscal years? through?]
AMENDMENTS TO TITLE I OF THE ESEA
SEC. 9. (a) DEMONSTRATIONS. Section 1502(a)(I) of the Elementary and Secondary
Education Act (20 U.S.C. 6310, et seq.) (the ESEA) is amended--
(1) in subparagraph (E), by striking out "and" at the end thereof;
(2) in subparagraph (F), by striking out the period at the end thereof and inserting in
lieu thereof a semicolon and "and"; and
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(3) by adding at the end thereof a new subparagraph (G), to read as follows:
"(G) programs that provide sustained and intensive professional development
to teachers and teacher aides who educate children with limited English proficiency and are
employed in local educational agencies that enroll high concentrations of those children.".
(b) STUDIES AND DATA COLLECTION. Section 1501(b) of the ESEA is amended by
adding at the end thereof a new paragraph (3) to read as follows:
"(3) The Secretary shall prepare a report, in consultation with independent researchers
and practitioners, on practices that can enable programs funded under this title to meet, more
effectively, the needs of children with limited English proficiency. The Secretary shall submit
this report to the President and the Congress by November I, 1999.
(c) PROFESSIONAL DEVELOPMENT. Section 1119(b)(I) of the ESEA is amended--
(I) in subparagraph (D), by striking out "and" at the end thereof;
(2) in subparagraph (E), by striking out the period at the end thereof and inserting in
lieu thereof a se!llicolon and "and"; and
(3) by adding at the end thereof a new subparagraph (F) to read as follows:
"(F) include strategies for teaching limited English proficient children, if any,
who participate in the programs operated by the local educational agency under this part.".
EFFECTIVE DATE
SEC. 10. (a) EFFECTIVE DATE.--The provisions of this Act shall take effect on the date of
enactment of this Act.
(b) APPLICATION OF CERTAIN REQUIREMENTS.-- Sections 3 through 5 of this Act
shall apply only to grants made under Part A of the Act after the effective date of this Act.
###
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DRAFT
6/12/98
Honorable Newt Gingrich
Speaker of the House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
Enclosed for consideration of the Congress is the "Bilingual Education Act Amendments of
1998," a proposal to amend the Bilingual Education Act to focus it more effectively on the goals
of teaching English to limited English proficient students and assisting those students in meeting
high academic standards. The proposal would also increase the accountability of school districts
receiving grants. under the Act to help ensure that projects are effective in enabling limited
English proficient students to transfer successfully to regular classrooms within three years.
Also enclosed is a section-by-section analysis summarizing the contents of the bill. I am
sending an identical letter to the President of the Senate.
Mr. Speaker, in the 1995-1996 school year, State educational agencies reported more than
3 million limited English proficient students enrolled in school districts in the 50 States and the
District of Columbia. The Federal Governrnent has an important role in working with school
districts to help them improve the quality of instruction for such students. Likewise, the Federal
Government plays an extremely important role in working with institutions of higher education
to train the teaching personnel that schools desperately need to serve limited English proficient
students. The purpose of the "Bilingual Education Act Amendments of 1998" is to improve the
Federal-local partnership that has existed for nearly 30 years to address the national goal of
preparing recent immigrant and other limited English proficient students to reach the same high
academic standards as all other students.
For the first time, our proposal would establish a goal for every federally funded project of
preparing limited English proficient students to enter regular English language classrooms within
three years. While many projects currently embrace this goal, our amendments would require all
projects to do so. Further, the proposal would require that local educational agencies receiving
Federal grants demonstrate that they are making adequate progress in preparing students to
transfer to regular English language classrooms within three years. Grantees currently eligible
for five years of funding would no longer receive fourth-and fifth-year awards unless they can
show adequate progress towards meeting this goal. The Department would reward highly
successful projects with a two-year extension. We would require less successful projects to
submit a corrective action plan in order to receive a fourth-year continuation grant. One year
later, these projects would end if they could not show evidence of significant improvement. The
proposal would also require projects to conduct annual assessments of the educational status of
individual students. Based on the results of those assessments, the school would determine if
programmatic changes or extra support services for the individual student are needed.
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In order to ensure the quality of projects funded under the Federal bilingual education program,
our proposal would require local projects to complete an annual evaluation of their effectiveness,
instead of an evaluation every two years. An annual evaluation would allow the Department to
detect problems earlier and assist school districts in- resolving those problems, thus helping to
ensure positive outcomes for participating students.
Our bill would also remove the current provision limiting funding for projects that make no use
of the native language. While I believe that programs using the native language of the students
are often most effective in teaching these students English and ensuring they do not fall behind in
other academic areas, the choice of instructional method is best left to the schools and teachers
that have direct knowledge of the students to be served.
The proposal would create a funding priority for local educational agencies that have
implemented accountability systems to ensure that children are successfully transferring to
regular English classrooms. The proposal also includes a funding priority for professional
development projects that link individuals who are preparing to become teachers of limited
English proficient students with experienced teachers of these students. This priority should
strengthen the Department's efforts to support the preparation of well-qualified bilingual
education and English as a second language teachers. As a final change to the Bilingual
Education Act, the bill would create a new demonstration authority to test inriovative,
research-based approaches for preparing limited English proficient children to enter regular
English language classrooms within three years.
In addition to the amendments to the Bilingual Education Act, our proposal includes minor
changes to the Title I, Education for the Disadvantaged program to make it more effective in
meeting the needs of limited English proficient children. These changes are particularly relevant
because some thirty percent of Title I students are limited English proficient.
Mr. Speaker, I urge the Congress to take prompt and favorable action on this proposal. It would
significantly strengthen the partnership we have developed over the years with local schools,
State educational agencies, and institutions of higher education to improve the quality of services
for this important and growing student population.
The Office of Management and Budget advises that there is no objection to the submission of
this proposal to the Congress and that its adoption would be in accord with the program of the
President.
Yours sincerely,
Richard W. Riley
Enclosures
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DRAFT 6/12/98
BILINGUAL EDUCATION ACT AMENDMENTS OF 1998
Section-by-section
Section 2. Section 2 of the bill would amend Title VII (the Bilingual Education Act,
hereinafter referred to as "the Act") of the Elementary and Secondary Education Act of 1965 by
amending: (I) the title heading to read "LANGUAGE ENHANCEMENT AND LANGUAGE
ACQUISITION PROGRAMS"; (2) the heading for Part A to read "PART A - ENGLISH
LANGUAGE ACQUISITION AND ACADEMIC LEARNING"; and (3) section 7101 of the Act
to change the short title of title VII from the "Bilingual Education Act" to the "English Language
Acquisition and Academic Learning Act".
Section 3. Section 3(1) of the bill would amend section 7116 of the Act: (I) to require,
in subsection (g)(1 )(A) of the Act, that the description of the need for the program in the
application contain, among other things, the number and English proficiency levels 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 (based on student assessment data) and the native language. Section 3(1) would also
require applications to contain a description of: (I) how the applicant will identify and place
students with limited English proficiency in a program; (2) how the applicant will detennine,
consistent with section 7123, whether such students are making progress towards the goal of
transferring into regular English language classrooms within three years; (3) how the applicant
will detennine when such students are ready to transfer into regular English language classrooms
successfully; and (4) the assessments the applicant will use in making such identifications and
detenninations.
Section 3(2) of the bill would amend section 7116(h) of the Act to redesignate current
paragraphs (I) through (6) as paragraphs (3) through (8), respectively, and add new paragraphs
(I) and (2) requiring that an applicant's program have a goal of preparing participating students
with limited English profiCiency to transfer into regular English language classrooms
successfully within three years, and that the applicant's program conduct an annual assessment of
the English proficiency of the students with limited English proficiency participating in the
program.
Section 3(3) of the bill would amend section 7116(i) of the Act by eliminating the priority
in paragraph (l) and the limitations on funding "special alternative instructional programs" in
paragraphs (2) and (3) of the subsection, and by adding a new priority for applications that
demonstrate that the applicant has in place an accountability system that is designed to measure if
students with limited English proficiency are successfully transferring into regular English
language classrooms.
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Section 4. Section 4(1) of the bill would amend section 7123(a) of the Act to change the
required evaluation from biennial to annual.
Section 4(2) of the bill would amend section 7123(b) of the Act to include program
accountability as one of the uses Of the evaluation and to add, as other uses: (I) determining how
to help participating students with limited English proficiency succeed in reaching the goal of
transferring into regular English language classrooms within three years; and (2) determining
whether participating students with limited English proficiency need programmatic changes or
additional services (such as tutoring, summer school, or after-school services) to make a
successful transition to regular English language classrooms within three years.
Section 4(3) of the bill would amend section 7123(c) of the Act to add, as new evaluation
components: (I) data and information on program participants, including an assessment of the
English proficiency of the students with limited English proficiency participating in the program,
and the number and percentage of students with limited English proficiency participating in the
program who have met State or local requirements for transferring successfully into a regular
English language classrooms and have exited, or are ready to exit, the program; and (2) data and
information that indicate whether students with limited English proficiency participating in the
program are making progress towards the goal of transferring successfully into a regular
English language classroom within three years. Section 4(3) would also make editorial
changes to the currently required evaluation components ..
Section 4(4) of the bill would add new subsections (d) and (e) to the section. New
subsection (d) would require a recipient, in gathering the data required for the evaluation under
this section, to conduct an assessment of the educational status of each student with limited
English proficiency who participates in its program. This assessment would be based on the
student's English proficiency and overall academic development. New subsection (e) would
require each recipient to make its evaluation under this section readily available to the public and
the Secretary. to send to the President and the appropriate committees of the Congress a biennial
report summ~rizing the data and information in the evaluations required under this section.
Section 5. Section 5 of the bill would redesignate section 7124 as section 7126, and add
new sections 7124, entitled "INCENTIVES FOR OUTSTANDING PROGRESS FOR
COMPREHENSIVE SCHOOL AND SYSTEMWIDE GRANTS", and 7125, entitled
"CORRECTIVE ACTION PLANS FOR COMPREHENSIVE SCHOOL AND SYSTEMWIDE .
GRANTS".
New section 7124(a) provides that, notwithstanding section 7114(b)(I)(B) and section
7115(b)(I)(B), if the Secretary determines that a recipient's program under sections 7114 or
7115 has shown outstanding progress in transferring students with limited English
proficiency into regular English language classrooms successfully, the Secretary would be
required to extend the recipient's funding for such program for two years. The recipient
would be required to use a portion of such extended funding to disseminate information
and provide technical assistance related to its program.
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New section 7125(a) would require the Secretary, in consultation with experts recognized
in the field, to establish performance indicators to determine if programs under sections 7114
(comprehensive school grants) and 7115 (systemwide grants) of the Act are making adequate
progress toward meeting the goal of preparing students with limited English proficiency to
transfer into regular English language classrooms successfully within three years.
New section 7125(b) would require the Secretary, before making a continuation award for
the fourth year of program serviCes, to determine if a program under sections 7114 and 7115 was
making adequate progress. Such determination would be based on the indicators developed
under subsection (a) and the data and information collected under the evaluation under section
7123 and such other data and information as the Secretary may require.
New section 7125(c) would require a recipient, if the Secretary determines that a program
requesting a forth-year continuation award under section 7114 and 7115 is not making adequate
progress toward the goal of successfully transferring participating students with limited English
proficiency to a regular English language classroom within three years, to promptly develop and
submit to the Secretary a corrective action plan for its program. If the Secretary approves the
plan, the recipient would be required to report to the Secretary within one year on the success of
its activities under the plan in enabling such students to successfully transfer to regular English
language classrooms successfully within three years. The Secretary would approve a corrective
action plan only if he or she determines that it holds reasonable promise of enabling students
with limited English proficiency participating in the program to transfer to regular English
language classrooms successfully within three years. However, if the Secretary determined that
a recipient's plan does not hold reasonable promise of success, the Secretary would be required to
take such other action as he or she determines to be appropriate, including a denial of a
continuation award. In addition, if the Secretary, after receiving the recipient's report on the
success of its corrective actions,determines that the recipient's program is not making adequate
progress, the Secretary is required to deny the recipient a continuation award.
Section 6. Section 6 of the bill would amend Subpart 2 of Part A of the Act to change
the subpart title to "RESEARCH, EVALUATION, DISSEMINATION, AND
DEMONSTRATIONS" and to add a new section 7137 demonstration authority.
New section 7137(a) would authorize the Secretary to make grants to support programs
that demonstrate innovative, research-based methods for enabling children and youth (through
age 21) with limited English proficiency to reach English proficiency within three years.
Subsection (b) would require each program carried out under subsection (a) to track,
using effective assessment and data-collection practices, students' English-language acquisition
and academic development during the three-year period described in subsection (a).
Subsection (c) would require the Secretary, in awarding grants for programs under
3
Hex-Dump Conversion
subsection (a), to seek to fund a range of approaches that cover the educational continuum,
beginning with preschool and continuing through programs that serve out-of-school youth
through age 21. The Secretary would be required to give priority to applicants that propose to
implement these programs in coordination with programs carried out under Part A of Title I of
this Act. The Secretary would also be authorized to give priority to programs that seek to
transfer students' reading skills from their native language to English, that employ educational
technologies in innovative ways, that demonstrate innovative methods for including students
with limited English proficiency in assessments given to other children, that serve older children
and youth who are not literate in their own language, that provide literacy services for parents of
children with limited English proficiency, or that serve children from a variety of language
backgrounds.
Section 7. Section 7 of the bill would amend Subpart 3 of Part A of the Act, relating to
professional development programs, to add at the end thereof a new section 71S1 that would give
a priority to applications that propose to link individuals who are pursuing a course of study to
prepare them to serve limited English proficient students with teachers who are successful and
experienced in serving these students; so that those aspiring to become bilingual or
English-as-a-second-Ianguage teachers may learn from their more experienced counterparts.
Section 8. Section 8 of the bill would amend section ---- to authorize that such sums as
may be necessary be appropriated for fiscal years ----- through ---- in order to carry out the Act.
Section 9. Section 9(a) of the bill would amend section lS02(a)(l) of the Elementary
and Secondary Education Act of 1965 (the ESEA), relating to demonstration programs, to add a
new subparagraph (G) that would that would include as a project strategy programs that provide
sustained and intensive professional development to teachers and teacher aides who educate
children with limited English proficiency and are employed i.n local educational agencies that
enroll high concentrations of those children.
Section 9(b) of the bill would amend section ISO 1(b) of the ESEA, relating to studies and
data collection, to add a new paragraph (3) that would require the Secretary to prepare a report, in
consultation with independent researchers and practitioners, on practices that can enable
programs funded under this title to meet, more effectively, the needs of children with limited
English proficiency. The Secretary is required to submit this report to the President and the
Congress by November 1,1999.
Section 9( c) of the bill would amend section 1119(b)( 1) of the ESEA, relating to
professional development, to add a new subparagraph W) to require that professional
development activities include strategies for teaching limited English proficient children, if any,
who participate in the programs operated by the local educational agency under this part.
Section 10. Section 10 of the bill would provide that the provisions of the bill to take
effect on the date of enactment of this Act. It would also provide that the provisions in sections.
4
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3 through 5 of the bill apply only to grants made under Part A of the Act after the effective date
of this Act.
###
5
1:49 PM 12 Jun 1998
| from: |
Constance J. Bowers |
| to: |
US, Barbara, Barry, Broderick, Cecilia E. Rouse, Constance J. Bowers, Daniel I., Daniel J., Diana, Edward M., Edward W., Elena Kagan, James C. Murr, Jane T., Janet R. Forsgren, Jennifer E., Jonathan H., Karen E., Kate P., Leslie S., Maria, Michael, Mickey, Pamula L., Robert G., Robert M., Rosalyn J. Rettman, Sandra, Shelly A., Tanya E. Martin, William P. |
Comments are requested on ED draft bill ("English Language Acquisition and
Learning Accountability Act of 1998") by 11:00 a.m., Monday, June 15, 1998
A meeting to discuss comments on the bill will be held on Monday
separate notification with details from Mike Cohen will follow.
Sectional Speaker Bill Text
Analysis Letter Click:
Click: Click:
Total Pages: ____
LRM ID: CJB228
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
washington, D.C. 20503-0001
Friday, June 12, 1998
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution below
FROM: Janet R. Forsgren (for) Assistant Director for Legislative
Reference
OMB CONTACT: Constance J. Bowers
PHONE: (202) 395-3803 FAX: (202) 395-6148
SUBJECT: EDUCATION Draft Bill on English Language Acquisition and
Learning Accountability Act of 1998
DEADLINE: 11:00 Monday, June 15, 1998
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: This draft bill will be discussed at a meeting to be scheduled
for Monday, June 15th (specific notification from Mike Cohen to follow) .
Therefore, please provide any comments by this deadline so that they may
be discussed at the meeting.
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE - L. Anthony Sutin - (202) 514-2141
EOP:
Barbara Chow
Sandra Yamin
Michael Cohen
Robert M. .Shireman
Jonathan H. Schnur
Tanya E. Martin
Janet Murguia
Broderick Johnson
Maria Echaveste
Karen E. Skelton
Mickey Ibarra
Kate P. Donovan
William P. Marshall
Elena Kagan
Diana Fortuna
Barry White
Leslie S. Mustain
Daniel J. Chenok
Daniel I. Werfel
Cecilia E. Rouse
Edward W. Correia
Robert G. Damus
Rosalyn J. Rettman
Edward M. Rea
Pamula L. Simms
Shelly A. McAllister
Jennifer E. Brown
Janet R. Forsgren
LRM ID: CJB228 SUBJECT: EDUCATION Draft Bill on English Language
Acquisition and Learning Accountability Act of 1998
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(I) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO: Constance J. Bowers Phone: 395 - 3803 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-7362
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
______ No Objection
______ No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet===========
ATT CREATION TIME/DATE: 0 00:00:00.00
Unable to convert ARMS_EXT: [ATTACH.D88]MAIL45700656B.126 to ASCII,
The following is a HEX DUMP:
FF575043BA040000010A02010000000205000000BB3E000000020000ABBA4FACBAC1BA03250CA2
CD2775781FB001579BE4547D856A530E6D6CFF1DD06D3668351952DOOE497246851DFFCCA831EO
B1E5B09264333F573C4343BF42FC7EEC241FD3EC4410EEB69CDF181E94D762AD67E4379909F9BD
Hex-Dump Conversion
DRAFT 6/12/98
BILINGUAL EDUCATION ACT AMENDMENTS OF 1998
Section-by-section
Section 2. Section 2 of the bill would amend Title VII (the Bilingual Education Act,
hereinafter referred to as "the Act") of the Elementary and Secondary Education Act of 1965 by
amending: (1) the title heading to read "LANGUAGE ENHANCEMENT AND LANGUAGE
ACQUISITION PROGRAMS"; (2) the heading for Part A to read "PART A - ENGLISH
LANGUAGE ACQUISITION AND ACADEMIC LEARNING"; and (3) section 7101 of the Act
to change the short title of title VII from the "Bilingual Education Act" to the "English Language
Acquisition and Academic Learning Act".
Section 3. Section 3(1) of the bill would amend section 7116 of the Act: (1) to require,
in subsection (g)(1)(A) of the Act, that the descrIption of the need for the program in the
application contain, among other things, the number and English proficiency levels 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 (based on student assessment data) and the native language. Section 3(1) would also
require applications to contain a description of: (1) how the applicant will identify and place
students with limited English proficiency in a program; (2) how the applicant will determine,
consistent with section 7123, whether such students are making progress towards the goal of
transferring into regular English language classrooms within three years; (3) how the applicant
will determine when such students are ready to transfer into regular English language classrooms
successfully; and (4) the assessments the applicant will use in making such identifications and
deterniinations.
Section 3(2) of the bill would amend section 7116(h) of the Act to redesignate current
paragraphs (1) through (6) as paragraphs (3) through (8), respectively, and add new paragraphs
(1) and (2) requiring that an applicant's program have il goal of preparing participating students
with limited English proficiency to transfer into regular English language classrooms
successfully within three years, and that the applicant's program conduct an annual assessment of
the English proficiency of the students with limited English proficiency participating in the
program.
Section 3(3) of the bill would amend section 7116(i) of the Act by eliminating the priority.
in paragraph (1) and the limitations on funding "special alternative instructional programs" in
paragraphs (2) and (3) of the subsection, and by adding a new priority for applications that
demonstrate that the applicant has in place an accountability system that is designed to measure if
students with limited English proficiency are successfully transferring into regular English
language classrooms.
1
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Section 4. Section 4(1) of the bill would amend section 7l23(a) of the Act to change the
required evaluation from biennial to annual.
Section 4(2) of the bill would amend section 7123(b) of the Act to include program
accountability as one of the uses of the evaluation and to add, as other uses: (1) determining how
to help participating students with limited English proficiency succeed in reaching the goal of
transferring into regular English language classrooms within three years; and (2) determining
whether participating students with limited English proficiency need programmatic changes or
additional services (such as tutoring, summer school, or after-school services) to make a
successful transition to regular English language classrooms within three years.
Section 4(3) ofthe bill would amend section 7123(c) of the Act to add, as new evaluation
components: (I) data and information on program participants, including an assessment of the
English proficiency of the students with limited English proficiency participating in the program,
and the number and percentage of students with limited English proficiency participating in the
program who have met State or local requirements for transferring successfully into a regular
English language classrooms and have exited, or are ready to exit, the program; and (2) data and
information that indicate whether students with limited English proficiency participating in the
program are making progress towards the goal of transferring successfully into a regular
English language classroom within three years. Section 4(3) would also make editorial
changes to the currently required evaluation components.
Section 4(4) of the bill would add new subsections (d) and (e) to the section. New
subsection (d) would require a recipient, in gathering the data required for the evaluation under
this section, to conduct an assessment of the educational status of each student with limited
English proficiency who participates in its program. This assessment would be based on the
student's English proficiency and overall academic development. New subsection (e) would
require each recipient to make its evaluation under this section readily available to the public and
the Secretary to send to the President and the appropriate committees of the Congress a biennial
report summarizing the data and information in the evaluations required under this section.
Section 5. Section 5 of the bill would redesignate section 7124 as section 7126, and add
new sections 7124, entitled "INCENTIVES FOR OUTSTANDING PROGRESS FOR
COMPREHENSIVE SCHOOL AND SYSTEMWIDE GRANTS", and 7125, entitled
"CORRECTIVE ACTION PLANS FOR COMPREHENSIVE SCHOOL AND SYSTEMWIDE
GRANTS".
New section 7124(a) provides that, notwithstanding section 7114(b)(l)(B) and section
7115(b)(1)(B), if the Secretary determines that a recipient's program under sections 7114 or
7115 has shown outstanding progress in transferring students with limited English
proficiency into regular English language classrooms successfully, the Secretary would be
required to extend the recipient's funding for such program for two years. The recipient
would be required to use a portion of such extended funding to disseminate information
and provide technical assistance related to its program.
2
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New section 7125(a) would require the Secretary, in consultation with experts recognized
in the field, to establish performance indicators to determine if programs under sections 7114
(comprehensive school grants) and 7115 (systemwide grants) of the Act are making adequate
progress toward meeting the goal of preparing students with limited English proficiency to
transfer into regular English language classrooms successfully within three years.
New section 7125(b) would require the Secretary, before making a continuation award for
the fourth year of program services, to determine if a program under sections 7114 and 7115 was
making adequate progress. Such determination would be based on the indicators developed
under subsection (a) and the data and information collected under the evaluation under section
7123 and such other data and information as the Secretary may require .
. New section 7125(c) would require a recipient, if the Secretary determines that a program
requesting a forth-year continuation award under section 7114 and 7115 is not making adequate
progress toward the goal of successfully transferring participating students with limited English
proficiency to a regular English language classroom within three years, to promptly develop and
submit to the Secretary a corrective action plan for its program. If the Secretary approves the
plan, the recipient would be required to report to the Secretary within one year on the success of
its activities under the plan in enabling such students to successfully transfer to regular English
language classrooms successfully within three years. The Secretary would approve a corrective
action plan only if he or she determines that it holds reasonable promise of enabling students
with limited English proficiency participating in the program to transfer to regular English
language classrooms successfully within three years. However, if the Secretary determined that
a recipient's plan does not hold reasonable promise of success, the Secretary would be required to
take such other action as he or she determines to be appropriate, including a denial of a
continuation award. In addition, if the Secretary, after receiving the recipient's report on the
success of its corrective actions, determines that the recipient's program is not making adequate
progress, the Secretary is required to deny the recipient a continuation award.
Section 6. Section 6 of the bill would amend Subpart 2 of Part A of the Act to change
the subpart title to "RESEARCH, EVALUATION, DISSEMINATION, AND
DEMONSTRATIONS" and to add a new section 7137 demonstration authority.
New section 7137(a) would authorize the Secretary to make grants to support programs
that demonstrate innovative, research-based methods for enabling children and youth (through
age 21) with limited English proficiency to reach English proficiency within three years.
Subsection (b) would require each program carried out under subsection (a) to track,
using effective assessment and data-collection practices, students' English-language acquisition
and academic development during the three-year period described in subsection (a).
Subsection (c) would require the Secretary, in awarding grants for programs under
3
Hex-Dump' Conversion
subsection (a), to seek to fund a range of approaches that cover the educational continuum,
beginning with preschool and continuing through programs that serve out-of-school youth
through age 21. The Secretary would be required to give priority to applicants that propose to
implement these programs in coordination with programs carried out under Part A of Title I of
this Act. The Secretary would also be authorized to give priority to programs that seek to
transfer students' reading skills from their native language to English, that employ educational
technologies in innovative ways, that demonstrate innovative methods for including students
with limited English proficiency in assessments given to other children, that serve older children
and youth who are not literate in their own language, that provide nteracy services for parents of
children with limited English proficiency, or that serve children from a variety of language
backgrounds.
Section 7. Section 7 of the bill would amend Subpart 3 of Part A of the Act, relating to
professional development programs, to add at the end thereof a new section 71S1 that would give
a priority to applications that propose to link individuals who are pursuing a course of study to
prepare them to serve limited English proficient students with teachers who are successful and
experienced in serving these students, so that those aspiring to become bilingual or
English-as-a-second-Ianguage teachers may learn from their more experienced counterparts.
Section 8. Section 8 of the bill would amend section ---- to authorize that such sums as
may be necessary be appropriated for fiscal years ----- through ---- in order to carry out the Act.
Section 9. Section 9(a) of the bill would amend section IS02(a)(I) of the Elementary
and Secondary Education Act of 1965 (the ESEA), relating to demonstration programs, to add a
new subparagraph (0) that would that would include as a project strategy programs that provide
sustained and intensive professional development to teachers and teacher aides who educate
children with limited English proficiency and are employed in local educational agencies that
enroll high concentrations of those children.
Section 9(b) of the bill would amend section ISO 1(b) of the ESEA, relating to studies and
data collection, to add a new paragraph (3) that would require the Secretary to prepare a report, in
consultation with independent researchers and practitioners, on practices that can enable
programs funded under this title to meet, more effectively, the needs of children with limited
English proficiency. The Secretary is required to submit this report to the President and the
Congress by Novemoer 1, 1999.
Section 9( c) of the bill would amend section 1119(b)( I) of the ESEA, relating to
professional development, to add a new subparagraph (F) to require that professional
development activities include strategies for teaching limited English proficient children, if any,
who participate in the programs operated by the local educational agency under this part.
Section 10. Section 10 of the bill would provide that the provisions of the bill to take
effect on the date of enactment of this Act. It would also provide that the provisions in sections
4
Hex-Dump Conversion
3 through 5 of the bill apply only to grants made under Part A of the Act after the effective date
of this Act.
###
5
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DRAFT
6/12/98
Honorable Newt Gingrich
Speaker of the House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
Enclosed for consideration of the Congress is the "Bilingual Education Act Amendments of
1998," a proposal to amend the Bilingual Education Act to focus it more effectively on the goals
of teaching English to limited English proficient students and assisting those students in meeting
high academic standards. The proposal would also increase the accountability of school districts
receiving grants under the Act to help ensure that projects are effective in enabling limited
English proficient students to transfer successfully to regular classrooms within three years.
Also enclosed is a section-by-section analysis summarizing the contents of the bill. I am
sending an identical letter to the President of the Senate.
Mr. Speaker, in the 1995-1996 school year, State educational agencies reported more than
3 million limited English proficient students enrolled in school districts in the 50 States and the
District of Columbia. The Federal Government has an important role in working with school
districts to help them improve the quality of instruction for such students. Likewise, the Federal
Govemment plays an extremely important role in working with institutions of higher education
to train the teaching personnel that schools desperately need to serve limited English proficient
students. The purpose of the "Bilingual Education Act Amendments of 1998" is to improve the
Federal-local partnership that has existed for nearly 30 years to address the national goal of
preparing recent immigrant and other limited English proficient students to reach the same high
academic standards as all other students.
For the first time, our proposal would establish a goal for every federally funded project of
preparing limited English proficient students to enter regular English language classrooms within
three years. While many projects currently embrace this goal, our amendments would require all
projects to do so. Further, the proposal would require that local educational agencies receiving
Federal grants demonstrate that they are making adequate progress in preparing students to
transfer to regular English language classrooms within three years. Grantees currently eligible
for five years of funding would no longer receive fourth-and fifth-year awards unless they can
show adequate progress towards meeting this goal. The Department would reward highly
successful projects with a two-year extension. We would require less successful projects to
submit a corrective action plan in order to receive a fourth-year continuation grant. One year
later, these projects would end if they could not show evidence of significant improvement. The
proposal would also require projects to conduct annual assessments of the educational status of
individual students. Based on the results of those assessments, the school would determine if
programmatic changes or extra support services for the individual student are needed.
1
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In order to ensure the quality of projects funded under the Federal bilingual education program,
our proposal would require local projects to complete an annual evaluation of their effectiveness,
instead of an evaluation every two years. An annual evaluation would allow the Department to
detect problems earlier and assist school districts in resolving those problems, thus helping to
ensure positive outcomes for participating students. .
Our bill would also remove the current provision limiting funding for projects that make no use
of the native language. While I believe that programs using the native language of the students
are often most effective in teaching these students English and ensuring they do not fall behind in
other academic areas, the choice of instructional method is best left to the schools and teachers
that have direct knowledge of the students to be served.
The proposal would create a funding priority for local educational agencies that have
implemented accountability systems to ensure that children are successfully transferring to
regular English classrooms. The proposal also includes a funding priority for professional
development projects that link individuals who are preparing to become teachers of limited
English proficient students with experienced teachers of these students. This priority should
strengthen the Department's efforts to support the preparation of well-qualified bilingual
education and English as a second language teachers. As a final change to the Bilingual
Education Act, the bill would create a new demonstration authority to test innovative,
research-based approaches for preparing limited English proficient children to enter regular
English language classrooms within three years.
In addition to the amendments to the Bilingual Education Act, our proposal includes minor
changes to the Title I, Education for the Disadvantaged program to make it more effective in
meeting the needs oflimited English proficient children. These changes are particularly relevant
because some thirty percent of Title I students are limited English proficient.
Mr. Speaker, I urge the Congress to take prompt and favorable action on this proposal. It would
significantly strengthen the partnership we have developed over the years with local schools,
State educational agencies, and institutions of higher education to improve the quality of services
for this important and growing student population.
The Office of Management and Budget advises that there is no objection to the submission of
this proposal to the Congress and that its adoption would be in accord with the program of the
President.
Yours sincerely,
Richard W. Riley
Enclosures
2
DRAFT 6/12/98 - 12:30 PM Hex-D J .anagement System
ump Conversion
A BILL
To enhance the effectiveness and accountability of programs under Title VII ofthe
Elementary and Secondary Education Act of 1965, and for other purposes.
Be it enacted by the Senate and the House of Representatives of the United States of America
in Congress assembled, That this Act may be cited as the "Bilingual Education Act Amendments
ofI998".
TITLE AND SHORT NAME CHANGES
SEC 2. Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et
seq.; hereinafter referred to as "the Act") is amended--
(1) in the title heading--
(A) by striking out "BILINGUAL EDUCATION,"; and
(B) by striking out the comma before "AND";
(2) by amending the heading for Part A to read as follows: "PART A - ENGLISH
LANGUAGE ACQUISITION AND ACADEMIC LEARNING"; and
(3) in section 7101 of the Act, by striking out "Bilingual Education Act" and inserting
in lieu thereof "English Language Acquisition and Academic Learning Act" .
PROGRAM GOAL AND APPLICATION REQUIREMENTS
SEC. 3. Section 7116 of the Act is amended--
(1) in subsection (g)(1 )--
(A) in subparagraph (A)--
(i) by striking out "data on the number" and inserting in lieu thereof
"the number and English proficiency levels"; and
(ii) by inserting "(based on student assessment data)" after
"proficiency in English";
1
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(B) by redesignating subparagraphs (C) through (F) as subparagraphs (D)
through (0), respectively; and
(C) by adding a new subparagraph (C) to read as follows:
"(C) A description of--
"(i) how the applicant will identifY and place students with limited
English proficiency in a program;
"(ii) how the applicant will determine, consistent with section 7123,
whether such students are making progress towards the goal of transferring into regular English
language classrooms within three years;
"(iii) how the applicant will determine when such students are ready to
transfer into regular English language classrooms successfully; and
"(iv) the assessments the applicant will use in making such
identifications and determinations.";
(2) in subsection (h)--
(A) by redesignating paragraphs (I) through (6) as paragraphs (3) through (8),
respectively; and
(B) by adding a new paragraphs (1) and (2) to read as follows:
"(1) the applicant's program has a goal of preparing participating students with limited
English proficiency to transfer into regular English language classrooms successfully within three
years;
"(2) the applicant's program will conduct an annual assessment of the English
proficiency of the students with limited English proficiency participating in the program;"; and
(3) in subsection (i)--
(A) by striking out paragraphs (1), (2), and (3);
(B) by adding a new paragraph (1) to read as follows:
"(1) The Secretary shall give priority to applications that demonstrate that the
applicant has in place an accountability system that is designed to measure if students with
limited English proficiency are successfully transferring into regular English language
2
Automated Recorc.s !v.ana.:. . ~
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classrooms."; and
(C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3),
respectively.
ANNUAL PROGRAM EVALUATIONS
SEC. 4. Section 7123 of the Act is amended--
(1) in subsection (a)--
(A) by inserting "annual" immediately before "evaluation"; and
(B) in paragraph (2), by striking out "and" at the end thereof;
(C) in paragraph (3), by striking out the period at the end thereof and inserting
a semicolon and "and"; and
(D) by striking out "every two years" at the end thereof;
(2) in subsection (b )--
(A) in paragraph (1), by inserting "and accountability" after "improvement";
and
(B) at the end thereof, by adding new paragraphs (4) and (5) to rel).d as
follows:
"(4) to determine how to help participating students .with limited English proficiency
succeed in reaching the goal of transferring into regular English language classrooms within three
years; and
"(5) to determine if participating students with limited English proficiency need
programmatic changes or additional services (such as tutoring, summer school, or after-school
services) to reach the goal of a successful transition to regular English language classrooms within
three years.";
(3) by amending subsection (c) to read as follows:
"(c) EVALUATION COMPONENTS.--Evaluations shall include--
"(1) information on the extent to which students are achieving to State student
3
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performance standards, if any;
"(2) data and information on program participants, including--
"(A) an assessment ofthe English proficiency of the students with limited
English proficiency participating in the program;
"(B) the number and percentage of students with limited English proficiency
participating in the program who have met State or local requirements for transferring
successfully into a regular English language classrooms and have exited, or are ready to exit, the
program; and
"(C) comparisons of children and youth, with and without, limited English
proficiency with regard to school retention, academic achievement, and gains in English (and,
where applicable, native language) proficiency;
"(3) program implementation indicators that provide information for informing and
improving program management and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements, appropriateness of program
management, appropriateness of the program's staff professional development, and
appropriateness of the language of instruction;
"(4) program context indicators that describe the relationship of the activities funded
under the grant to the overall school program and other Federal, State, or local programs serving
children and youth with limited English proficiency;
"(5) data and information that indicate whether students with limited English
proficiency participating in the program are making progress towards the goal of transferring
, successfully into a regular English language classroom within three years; and
"(6) such other information as the Secretary may require."; and
(4) by adding new subsections (d) and (e) to read as follows:
"(d) METHODOLOGY.--In gathering the data and information required under subsection (c),
a recipient shall conduct an assessment ofthe educational status of each student with limited
English proficiency who participates in its program. Such assessment shall be based on the
student's English proficiency and overall academic development.
"(e) REPORT.--(l) Each recipient shall make its evaluation under this section readily
available to the public.
"(2) The Secretary shall send to the President and the appropriate committees of the
4
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Congress a biennial report summarizing the data and infonmition in the evaluations required
under this section.".
CORRECTIVE ACTION PLANS FOR COMPREHENSIVE SCHOOL AND SYSTEMWIDE
GRANTS
SEC. 5. Subpart 1 of title VII of the Act is further amended--
(1) by redesignating section 7124 as section 7126; and
(2) by ~dding new sections 7124 and 7125 to read as follows:
"INCENTIVES FOR OUTSTANDING PROGRESS FOR COMPREHENSIVE SCHOOL
AND SYSTEMWIDE GRANTS
"SEC. 7124. INCENTIVES.--Notwithstanding section 7114(b)(I)(B) and section
7115(b)(I)(8), if the Secretary determines that a recipient's program under sections 7114 or
7115 has shown outstanding progress in transferring students with limited English proficiency
into regular English language classrooms successfully, the Secretary shall, upon application and
continued progress, extend the recipient's funding for such program for two years. The recipient
shall use a portion of such extended funding to disseminate information and provide technical
assistance related to its program.
"CORRECTIVE ACTION PLANS FOR COMPREHENSIVE SCHOOL AND SYSTEMWIDE
GRANTS
"SEC. 7125. (a) INDICATORS OF ADEQUATE PROGRESS.--In consultation with experts
recognized in the field, the Secretary shall establish performance indicators to determine if
programs under sections 7114 and 7115 are making adequate progress toward meeting the goal
of preparing students with limited English proficiency to transfer into regular English language
classrooms successfully within three years.
"(b) DETERMINATION OF ADEQUATE PROGRESS.--(I) The Secretary, before making a
continuation award for the fourth year of program services, shall determine if a program is
making adequate progress.
"(2) The Secretary shall base the determination under paragraph (1) on the indicators
described in subsection (a) and--
"(A) the data and information collected under section 7123; and
"(B) such other data and information as the Secretary may require.
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"(c) CORRECTIVE ACTION PLANS.--(l)(A) If the Secretary detennines that a program
requesting a fourth-year continuation award under section 7114 or section 7115 is not making
adequate progress toward the goal of successfully transferring participating students with limited
English proficiency to a regular English language classroom within three years, the Secretary
shall require the recipient to promptly develop and submit to the Secretary a corrective action
plan for its program.
"(B) If the Secretary approves the plan, the recipient shall report to the
Secretary within one year on the success of its activities under the plan in enabling such students
to transfer successfully to regular English language classrooms successfully within three years.
"(2)(A) The Secretary shall approve a corrective action plan only ifhe or she
detennines that it holds reasonable promise of enabling students with limited English proficiency
participating in the program to transfer to regular English language classrooms successfully
within three years.
"(B) If the Secretary detennines that a recipient's plan does not hold
reasonable promise of success, the Secretary shall take such other action as he or she detennines
to be appropriate, including a denial of a continuation award.
"(3) If the Secretary, after receiving the recipient's report under paragraph (l)(B),
detennines that the recipient's program is not making adequate progress, the Secretary shall deny
the recipient a continuation award.".
DEMONSTRATIONS
SEC. 6. Subpart 2 of Part A of the Act is amended by--
(1) amending the subpart title to read "RESEARCH, EVALUATION,
DISSEMINATION, AND DEMONSTRATIONS"; and
(2) adding at the end thereof the following new section 7137 to read as follows:
DEMONSTRATIONS
"SEC. 7137. (a) IN GENERAL.--The Secretary may make grants to support programs that
demonstrate innovative, research-based methods for enabling children and youth (through
age 21) with limited English proficiency to reach English proficiency within three years.
"Cb) FOLLOW-UP.--Each program carried out under subsection (a) shall track, using
effective assessment and data-collection practices, students' English-language acquisition and
academic development during the three-year period described in subsection (a).
6
"(c) GRANT PREFERENCE AND PRIORITIES.--(l) In awarding gr.M~-ImnprSgr~C'Under
subsection (a), the Secretary shall seek to fund a range of approaches that cover the educational
continuum, beginning with preschool and continuing through programs that serve out-of-school
youth through age 21.
"(2) The Secretary shall give priority to applicants that propose to implement these
programs in coordination with programs carried out under part A of title I of this Act.
"(3) The Secretary may also give priority to programs that seek to transfer students'
reading skills from the native language to English, that employ educational technologies in
innovative ways, that demonstrate innovative methods for inclusion of students with limited
English proficiency in assessments given to other children, that serve older children and youth
who are not literate in their own language, that provide literacy services for parents of children
with limited English proficiency, or that serve children from a variety oflanguage backgrounds.".
PROFESSIONAL DEVELOPMENT
SEC. 7. Subpart 3 of Part A of the Act is amended by adding at the end thereof the
following new section:
, "PRIORITY
"SEC. 7151. PRIORITY.--In making awards under this subpart,the Secretary may give
priority to applications that propose to link individuals who are pursuing a course of study to
prepare them to serve limited English proficient students with teachers who are successful and
experienced in serving these students, so that those aspiring to become bilingual or
English-as-a-second-Ianguage teachers may learn from their more experienced counterparts.".
AUTHORIZATION OF APPROPRIATIONS
SEC. 8. [Like Rigg's bill, we will treat this as a reauthorization of the program and put
in such sums language for fiscal years? through ?]
AMENDMENTS TO TITLE I OF THE ESEA
SEC. 9. (a) DEMONSTRATIONS. Section 1502(a)(1) of the Elementary and Secondary
Education Act (20 U.S.C. 6310, et seq.) (the ESEA) is amended--
(1) in subparagraph (E), by striking out "and" at the end thereof;
(2) in subparagraph (F), by striking out the period at the end thereof and inserting in
lieu thereof a semicolon and "and"; and
7
Automated Records !-.!anagement S; ':'.:J1'
Hex-Dump Ccnversion
(3) by adding at the end thereof a new subparagraph (G), to read as follows:
"(G) programs that provide sustained and intensive professional development
to teachers and teacher aides who educate children with limited English proficiency and are
employed in local educational agencies that enroll high concentrations of those children.".
(b) STUDIES AND DATA COLLECTION. Section 1501(b) of the ESEA is amended by
adding at the end thereof a new paragraph (3) to read as follows:
"(3) The Secretary shall prepare a report, in consultation with independent researchers
and practitioners, on practices that can enable programs funded under this title to meet, more
effectively, the needs of children with limited English proficiency. The Secretary shall submit
this report to the President and the Congress by November 1, 1999.
(c) PROFESSIONAL DEVELOPMENT. Section 1119(b)(1) of the ESEA is amended--
(1) in subparagraph (D), by striking out "and" at the end thereof;
(2) in subparagraph (E), by striking out the period at the end thereof and inserting in
lieu thereof a semicolon and "and"; and
(3) by adding at the end thereof a new subparagraph (F) to read as follows:
"(F) inclu~e strategies for teaching limited English proficient children, if any,
who participate in the programs operated by the local educational agency under this part.".
EFFECTIVE DATE
SEC. 10. (a) EFFECTIVE DATE.--The provisions of this Act shall take effect on the date of
enactment of this Act.
(b) APPLICATION OF CERTAIN REQUIREMENTS.-- Sections 3 through 5 of this Act
shall apply only to grants made under Part A of the Act after the effective date of this Act.
###
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EMAILS RECEIVED
ARMS - BOX 032 - FOLDER -005
[06/12/1998-06/15/1998]
