Collapse to view only § 7011. Definitions
§ 7011. DefinitionsExcept as otherwise provided, in this subchapter:
(1) Child
(2) Community-based organization
(3) Eligible entityThe term “eligible entity” means—
(A) one or more local educational agencies; or
(B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency.
(4) English learner with a disability
(5) Immigrant children and youthThe term “immigrant children and youth” means individuals who—
(A) are aged 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more schools in any one or more States for more than 3 full academic years.
(6) Indian tribe
(7) Language instruction educational programThe term “language instruction educational program” means an instruction course—
(A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and
(B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language.
(8) Native American and Native American language
(9) Native Hawaiian or Native American Pacific Islander native language educational organizationThe term “Native Hawaiian or Native American Pacific Islander native language educational organization” means a nonprofit organization with—
(A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and
(B) not less than 5 years successful experience in providing educational services in traditional Native American languages.
(10) Native languageThe term “native language”, when used with reference to an individual of limited English proficiency, means—
(A) the language normally used by such individual; or
(B) in the case of a child or youth, the language normally used by the parents of the child or youth.
(11) Paraprofessional
(12) Specially qualified agencyThe term “specially qualified agency” means an eligible entity in a State whose State educational agency—
(A) does not participate in a program under subpart 1 of part A for a fiscal year; or
(B) submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of such subpart.
(13) State
(14) Tribally sanctioned educational authorityThe term “tribally sanctioned educational authority” means—
(A) any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe; and
(B) any nonprofit institution or organization that is—
(i) chartered by the governing body of an Indian tribe to operate a school described in section 6822(a) of this title or otherwise to oversee the delivery of educational services to members of the tribe; and
(ii) approved by the Secretary for the purpose of carrying out programs under subpart 1 of part A for individuals served by a school described in section 6822(a) of this title.
(Pub. L. 89–10, title III, § 3201, formerly § 3301, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1729; amended Pub. L. 110–315, title IX, § 941(k)(2)(F)(i), Aug. 14, 2008, 122 Stat. 3466; renumbered § 3201 and amended Pub. L. 114–95, title III, §§ 3001(5)(A), 3004(a), Dec. 10, 2015, 129 Stat. 1953, 1965.)
§ 7012. Repealed. Pub. L. 114–95, title III, § 3001(5)(B), Dec. 10, 2015, 129 Stat. 1953
§ 7013. National clearinghouse
(a) In generalThe Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for English learners, and related programs. The National Clearinghouse shall—
(1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system supported by the Institute of Education Sciences;
(2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems;
(3) develop a system for improving the operation and effectiveness of federally funded language instruction educational programs;
(4) collect and disseminate information on—
(A) educational research and processes related to the education of English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners; and
(B) accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic span and English proficiency assessments for language instruction educational programs; and
(5) publish, on an annual basis, a list of grant recipients under this subchapter.
(b) Construction
(Pub. L. 89–10, title III, § 3202, formerly § 3303, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1733; amended Pub. L. 107–279, title IV, § 404(d)(5)(B), Nov. 5, 2002, 116 Stat. 1986; renumbered § 3202 and amended Pub. L. 114–95, title III, §§ 3001(5)(C), 3004(b), Dec. 10, 2015, 129 Stat. 1953, 1965.)
§ 7014. Regulations
In developing regulations under this subchapter, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners.
(Pub. L. 89–10, title III, § 3203, formerly § 3304, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1734; renumbered § 3203 and amended Pub. L. 114–95, title III, §§ 3001(5)(C), 3004(c), Dec. 10, 2015, 129 Stat. 1953, 1965.)