SEC. 3004.
GENERAL PROVISIONS
Section Summary
ESSA Update
(a) Definitions.--Section 3301 (20 U.S.C. 7011), as redesignated by
section 3001(5)(A), is amended--
(1) by striking paragraphs (3), (4), and (5);
(2) by inserting after paragraph (2) the following:
``(3) Eligible entity.--The 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.--The term `English
learner with a disability' means an English learner who is also
a child with a disability, as that term is defined in section
602 of the Individuals with Disabilities Education Act.'';
(3) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively;
(4) in paragraph (7)(A), as redesignated by paragraph (3)--
(A) by striking ``a limited English proficient
child'' and inserting ``an English learner''; and
(B) by striking ``challenging State academic content
and student academic achievement standards, as required
by section 1111(b)(1)'' and inserting ``challenging
State academic standards''; and
(5) in paragraph (12), as redesignated by paragraph (3), by
striking ``, as defined in section 3141,''.
(b) National Clearinghouse.--Section 3202 (20 U.S.C. 7013), as
redesignated by section 3001(5)(C), is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(a) In General.--The Secretary shall''; and
(B) by striking ``limited English proficient
children'' and inserting ``English learners'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``limited
English proficient children'' and inserting ``English
learners, including English learners with a disability,
that includes information on best practices on
instructing and serving English learners''; and
(B) in subparagraph (B), by striking ``limited
English proficient children'' and inserting ``English
learners''; and
(3) by adding at the end the following:
``(b) Construction.--Nothing in this section shall authorize the
Secretary to hire additional personnel to execute subsection (a).''.
(c) Regulations.--Section 3203 (20 U.S.C. 7014), as redesignated by
section 3001(5)(C), is amended--
(1) by striking ``limited English proficient individuals''
and inserting ``English learners''; and
(2) by striking ``limited English proficient children'' and
inserting ``English learners''.
NCLB Text
``SEC. 3301. <<NOTE: 20 USC 7011.>> DEFINITIONS. ``Except as otherwise provided, in this title: ``(1) Child.--The term `child' means any individual aged 3 through 21. ``(2) Community-based organization.--The term `community- based organization' means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. [[Page 115 STAT. 1730]] Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. ``(3) Community college.--The term `community college' means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 that provides not less than a 2-year program that is acceptable for full credit toward a bachelor's degree, including institutions receiving assistance under the Tribally Controlled College or University Assistance Act of 1978. ``(4) Director.--The term `Director' means the Director of the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students established under section 209 of the Department of Education Organization Act. ``(5) Family education program.--The term `family education program' means a language instruction educational program or special alternative instruction program that-- ``(A) is designed-- ``(i) to help limited English proficient adults and out-of-school youths achieve English proficiency; and ``(ii) to provide instruction on how parents and family members can facilitate the educational achievement of their children; ``(B) when feasible, uses instructional programs based on models developed under the Even Start Family Literacy Programs, which promote adult literacy and train parents to support the educational growth of their children, the Parents as Teachers Program, and the Home Instruction Program for Preschool Youngsters; and ``(C) gives preference to participation by parents and immediate family members of children attending school. ``(6) Immigrant children and youth.--The 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. ``(7) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(8) Language instruction educational program.--The term `language instruction educational program' means an instruction course-- ``(A) in which a limited English proficient child is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic content and student academic achievement standards, as required by section 1111(b)(1); 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 [[Page 115 STAT. 1731]] designed to enable all participating children to become proficient in English and a second language. ``(9) Native american and native american language.--The terms `Native American' and `Native American language' shall have the meanings given such terms in section 103 of the Native American Languages Act. ``(10) Native hawaiian or native american pacific islander native language educational organization.--The 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. ``(11) Native language.--The 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. ``(12) Paraprofessional.--The term `paraprofessional' means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education. ``(13) Specially qualified agency.--The term `specially qualified agency' means an eligible entity, as defined in section 3141, 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. ``(14) State.--The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(15) Tribally sanctioned educational authority.--The 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 3112(a) 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 3112(a).
