Title III - Abstract and Guidance
English Language Acquisition, Language Enhancement, and Academic
Achievement Act
(Formerly the Bilingual Education Act and the Emergency Immigrant Education
Program)
Program Description
H.R. 1 consolidates the Bilingual Education Act with the Emergency
Immigrant Education Program after appropriations reach $650 million.
Reform of existing law will focus existing programs on teaching English to
limited English proficient (LEP) children, including immigrant children and
youth, and holding States accountable for their LEP students attaining
English.
Key changes in the Bilingual Education Act are as follows:
Formula - Funds are provided to states on a
formula based 80 percent on the number of limited English proficient
children in the state and 20 percent on the number of immigrant children
and youth in the state. Such data is determined the first two
years by using information provided by the United States Census and
after such time from data available from the American Community Survey
available from the Department of Commerce or the number of students
being assessed for English proficiency in a state, whichever the
Secretary of Education determines to be the most accurate.
Parental Rights - Local Education Agencies (LEAs)
are required to provide informed parental notification as to why their
child is in need of placement in a specialized language instruction
program. Parents have the right to choose among instruction
programs if more than one type of program is offered and have the right
to immediately remove their child from a program for LEP children.
H.R. 1 also requires LEAs to implement effective means of parental
outreach to encourage parents to become informed and active participants
in their child's participation in a language instruction educational
program.
Local Flexibility - Eligible entities are
able to choose the method of instruction they would use to teach LEP
children. H.R. 1 eliminates the current requirement that 75
percent of funding be used to support programs using a child's native
language for instruction.
Dollars to the Classroom - Ninety-five
percent of funds must be used for grants to eligible entities at the
local level to teach LEP children.
Testing - Children who have attended school
in the United States for at least three consecutive years and who
participate in a program funded under this title are to be tested in
English for reading and language arts. Waivers may be granted for
an additional two years on a case-by-case basis for students who show
need.
Accountability - States are required to
develop annual measurable achievement objectives to monitor the progress
of LEP students in attaining English proficiency. States are held
accountable for meeting such objectives. Eligible entities are
required to notify parents of a program's failure to meet such
achievement objectives for two years. After four years of failing
to meet such achievement objectives, a state shall require the eligible
entity to modify their curriculum, program and method of instruction.
The state will make a determination as to whether such entity will
continue to receive funding and whether to require the replacement of
their language instruction educational program personnel. The bill
also requires eligible entities receiving grant awards to complete an
evaluation every year on the progress students are making toward
learning English and achieving the same high levels of academic
achievement as other students.
Qualified Personnel - LEAs are required to
certify that all teachers in a language instruction educational program
for LEP students are fluent in English and any other language used by
the program, including written and oral communication skills.