20 U.S.C. § 6811 — Short title

Page 1447 TITLE 20—EDUCATION § 6811 Stat. 1670, which related to allocation of responsibility for noneconomic loss, was renumbered section 8557 of title VIII of Pub. L. 89–10 by Pub. L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and transferred to section 7947 of this title. A prior section 6738, Pub. L. 89–10, title II, § 2368, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1670, which set out effective date, was renumbered section 8558 of title VIII of Pub. L. 89–10 by Pub. L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and transferred to section 7948 of this title. Prior sections 6751 to 6754, 6761 to 6766, 6771, 6672, and 6775 were repealed by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs. Section 6751, Pub. L. 89–10, title II, § 2401, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1671, provided that part D of former subchapter II of this chapter could be cited as the ‘‘Enhancing Education Through Technology Act of 2001’’. A prior section 2401 of Pub. L. 89–10 was classified to section 6701 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. Section 6752, Pub. L. 89–10, title II, § 2402, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1671, set forth purposes and goals of part D of former sub- chapter II of this chapter. A prior section 2402 of Pub. L. 89–10 was classified to section 6702 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. Section 6753, Pub. L. 89–10, title II, § 2403, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1672, defined terms. Section 6754, Pub. L. 89–10, title II, § 2404, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1673, authorized appropriations. Section 6761, Pub. L. 89–10, title II, § 2411, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1673, related to allotment and reallotment of funds. Section 6762, Pub. L. 89–10, title II, § 2412, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1674, related to use of allotment by State. Section 6763, Pub. L. 89–10, title II, § 2413, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1675, related to State applications. Section 6764, Pub. L. 89–10, title II, § 2414, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1677, related to local applications. Section 6765, Pub. L. 89–10, title II, § 2415, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1679, related to State activities. Section 6766, Pub. L. 89–10, title II, § 2416, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1680, related to local activities. Section 6771, Pub. L. 89–10, title II, § 2421, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1682, related to national activities. Section 6772, Pub. L. 89–10, title II, § 2422, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1682, related to national education technology plan. Section 6775, Pub. L. 89–10, title II, § 2431, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1683, related to Ready-to-Learn Television program. A prior section 6777, Pub. L. 89–10, title II, § 2441, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1686, which related to Internet safety, was renum- bered section 4121 of title IV of Pub. L. 89–10 by Pub. L. 114–95, title II, § 2001(a)(4)(A), (B), (D), title IV, § 4001(a)(5)(D), Dec. 10, 2015, 129 Stat. 1913, 1966, and transferred to section 7131 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. SUBCHAPTER III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMI- GRANT STUDENTS Editorial Notes CODIFICATION Pub. L. 114–95, title III, § 3001(1), Dec. 10, 2015, 129 Stat. 1953, substituted ‘‘ENGLISH LEARNERS’’ for ‘‘LIM- ITED ENGLISH PROFICIENT’’ in subchapter heading. Title III of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, amended, and subsequently revised, restated, and amended by other public laws. Title III is shown, here- in, as having been added by Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1689, without reference to earlier amendments because of the extensive revision of the title’s provisions by Pub. L. 107–110. See Codifica- tion note preceding section 6301 of this title. § 6801. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter— (1) $756,332,450 for fiscal year 2017; (2) $769,568,267 for fiscal year 2018; (3) $784,959,633 for fiscal year 2019; and (4) $884,959,633 for fiscal year 2020. (Pub. L. 89–10, title III, § 3001, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1689; amended Pub. L. 114–95, title III, § 3002, Dec. 10, 2015, 129 Stat. 1953.) Editorial Notes PRIOR PROVISIONS A prior section 6801, Pub. L. 89–10, title III, § 3101, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3636, set out Short Title of prior subchapter III as the Technology for Education Act of 1994, prior to the gen- eral amendment of this subchapter by Pub. L. 107–110. A prior section 3001 of Pub. L. 89–10 was classified to section 3021 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to authorizations of appropriations, conditions on effectiveness of parts A and B of this subchapter, and references to parts A and B of this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. PART A—ENGLISH LANGUAGE ACQUISITION, LAN- GUAGE ENHANCEMENT, AND ACADEMIC ACHIEVE- MENT ACT § 6811. Short title This part may be cited as the ‘‘English Lan- guage Acquisition, Language Enhancement, and Academic Achievement Act’’. (Pub. L. 89–10, title III, § 3101, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1690.) Page 1448 TITLE 20—EDUCATION § 6812 Editorial Notes PRIOR PROVISIONS A prior section 6811, Pub. L. 89–10, title III, § 3111, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3637, set forth findings, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 3101 of Pub. L. 89–10 was classified to section 6801 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. § 6812. Purposes The purposes of this part are— (1) to help ensure that English learners, in- cluding immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English; (2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same chal- lenging State academic standards that all children are expected to meet; (3) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, imple- menting, and sustaining effective language in- struction educational programs designed to assist in teaching English learners, including immigrant children and youth; (4) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, and local edu- cational agencies to develop and enhance their capacity to provide effective instructional pro- grams designed to prepare English learners, including immigrant children and youth, to enter all-English instructional settings; and (5) to promote parental, family, and commu- nity participation in language instruction educational programs for the parents, fami- lies, and communities of English learners. (Pub. L. 89–10, title III, § 3102, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1690; amended Pub. L. 114–95, title III, § 3003(a), Dec. 10, 2015, 129 Stat. 1954.) Editorial Notes PRIOR PROVISIONS A prior section 6812, Pub. L. 89–10, title III, § 3112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3638, set forth purpose of former part A of this sub- chapter, prior to the general amendment of this sub- chapter by Pub. L. 107–110. Prior sections 6813 to 6815 were omitted in the general amendment of this subchapter by Pub. L. 107–110. Section 6813, Pub. L. 89–10, title III, § 3113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3639; amended Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(a)(1), (3)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–312; Pub. L. 105–220, title II, § 251(b)(2)(D), Aug. 7, 1998, 112 Stat. 1080, defined terms for purposes of prior subchapter III. Section 6814, Pub. L. 89–10, title III, § 3114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3640, authorized appropriations and set forth funding rule. Section 6815, Pub. L. 89–10, title III, § 3115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3641, limited use of funds for administrative costs and tech- nical assistance. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to purposes of this part. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND LANGUAGE ENHANCEMENT § 6821. Formula grants to States (a) In general In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 6823 of this title, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment de- termined for the State educational agency under subsection (c). (b) Use of funds (1) Subgrants to eligible entities The Secretary may make a grant under sub- section (a) only if the State educational agen- cy involved agrees to expend at least 95 per- cent of the State educational agency’s allot- ment under subsection (c) for a fiscal year— (A) to award subgrants, from allocations under section 6824 of this title, to eligible entities to carry out the activities described in section 6825 of this title (other than sub- section (e)); and (B) to award subgrants under section 6824(d)(1) of this title to eligible entities that are described in that section to carry out the activities described in section 6825(e) of this title. (2) State activities Subject to paragraph (3), each State edu- cational agency receiving a grant under sub- section (a) may reserve not more than 5 per- cent of the agency’s allotment under sub- section (c) to carry out one or more of the fol- lowing activities: (A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standard- ized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (B) Providing effective teacher and prin- cipal preparation, effective professional de- velopment activities, and other effective ac- tivities related to the education of English learners, which may include assisting teach- ers, principals, and other educators in— (i) meeting State and local certification and licensing requirements for teaching English learners; and (ii) improving teaching skills in meeting the diverse needs of English learners, in- cluding how to implement effective pro- grams and curricula on teaching English learners.