20 U.S. Code § 6914 - Applications
(a) In general
(b) State review and comments
The State educational agency, not later than 45 days after receipt of an application under this section, shall review the application and submit the written comments of the agency regarding the application to the Secretary.
(A) Submission of comments
Regarding applications submitted under this subpart, the State educational agency shall—
For purposes of this subpart, such comments shall address—
(i) how the activities to be carried out under the grant will further the academic achievement and English proficiency of limited English proficient children served under the grant; and
(ii) how the grant application is consistent with the State plan required under section 6311 of this title.
(c) Eligible entity comments
An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.
(d) Comment consideration
In making grants under this subpart, the Secretary shall take into consideration comments made by State educational agencies.
Notwithstanding subsection (b) of this section, the Secretary is authorized to waive the review requirement specified in subsection (b) of this section if a State educational agency can demonstrate that such review requirement may impede such agency’s ability to fulfill the requirements of participation in the program authorized in section 6934 of this title, particularly such agency’s ability to carry out data collection efforts and such agency’s ability to provide technical assistance to local educational agencies not receiving funds under this subpart.
(f) Required documentation
Such application shall include documentation that—
(1) the applicant has the qualified personnel required to develop, administer, and implement the program proposed in the application; and
(1) In general
An application for a grant under this subpart shall contain the following:
(A) A description of the need for the proposed program, including—
(i) data on the number of limited English proficient children in the school or school district to be served;
(ii) information on the characteristics of the children, including—
(III) achievement data (current as of the date of submission of the application) for the limited English proficient children in—
(IV) a comparison of that data for the children with that data for the English proficient peers of the children; and
(iii) the professional development needs of the instruction personnel who will provide services for the limited English proficient children under the proposed program; and
(B) A description of the program to be implemented and how such program’s design—
(i) relates to the linguistic and academic needs of the limited English proficient children to be served;
(ii) will ensure that the services provided through the program will supplement the basic services the applicant provides to limited English proficient children;
(iii) will ensure that the program is coordinated with other programs under this chapter and other Acts;
(C) A description, if appropriate, of the applicant’s collaborative activities with institutions of higher education, community-based organizations, local educational agencies or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.
(D) An assurance that the applicant will not reduce the level of State and local funds that the applicant expends for language instruction educational programs or special alternative instruction programs if the applicant receives an award under this subpart.
(E) An assurance that the applicant will employ teachers in the proposed program who, individually or in combination, are proficient in—
(2) Additional information
Each application for a grant under section 6913 of this title shall—
(i) current services (as of the date of submission of the application) the applicant provides to limited English proficient children;
(ii) what services limited English proficient children will receive under the grant that such children will not otherwise receive;
(iii) how funds received under this subpart will be integrated with all other Federal, State, local, and private resources that may be used to serve limited English proficient children;
(iv) specific achievement and school retention goals for the children to be served by the proposed program and how progress toward achieving such goals will be measured; and
(B) provide assurances that—
(i) the program funded with the grant will be integrated with the overall educational program of the children served through the proposed program; and
(h) Approval of applications
An application for a grant under this subpart may be approved only if the Secretary determines that—
(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the language or languages used for instruction;
(2) in designing the program, the eligible entity has, after consultation with appropriate private school officials—
(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools; and
(B) in a manner consistent with the number of such children enrolled in such schools in the area to be served, whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs, language, and grade levels that the program is intended to address, provided for the participation of such children on a basis comparable to the basis on which public school children participate;
(A) student evaluation and assessment procedures in the program are valid and reliable for limited English proficient children; and
(4) Federal funds made available for the program will be used to supplement the State and local funds that, in the absence of such Federal funds, would be expended for special programs for children of limited English proficient individuals, and in no case to supplant such State and local funds, except that nothing in this paragraph shall be construed to preclude a local educational agency from using funds made available under this subpart—
(A) for activities carried out under an order of a Federal or State court respecting services to be provided to such children; or
(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to provide a program on a regular basis, similar to the proposed program, that will be of sufficient size, scope, and quality to promise significant improvement in the education of limited English proficient children; and
In determining whether to approve an application under this subpart, the Secretary shall give consideration to—
(1) the degree to which the program for which assistance is sought involves the collaborative efforts of institutions of higher education, community-based organizations, the appropriate local educational agency and State educational agency, or businesses; and
Source(Pub. L. 89–10, title III, § 3214, as added Pub. L. 107–110, title III, § 301,Jan. 8, 2002, 115 Stat. 1712.)
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (h)(3)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (h)(4)(B), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.