§ 6823. State and specially qualified agency plans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Elementary and Secondary Education Act of 1965

   Pub. L. 89–10 title III § 3113 · 79 Stat. 27

   Enacted · 20 U.S.C. § 6823

   Pub. L. 89–10, title III, § 3113, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694

   Source evidence

   Code source credit
   Pub. L. 89–10, title III, § 3113, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694

2. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 3003(d)(1) · 129 Stat. 1802

   Substituted · 20 U.S.C. § 6823(a)

   Pub. L. 114–95, § 3003(d)(1), substituted “and in such manner” for “, in such manner, and containing such information”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–95, § 3003(d)(1), substituted “and in such manner” for “, in such manner, and containing such information”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “, in such manner, and containing such information” and inserting “and in such manner”;

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

3. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 3003(d)(2)(A) · 129 Stat. 1802

   Substituted · 20 U.S.C. § 6823(b)(1)

   Pub. L. 114–95, § 3003(d)(2)(A), substituted “awarding” for “making”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–95, § 3003(d)(2)(A), substituted “awarding” for “making”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “making” and inserting “awarding”; and

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

4. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 3003(d)(2)(B) · 129 Stat. 1802

   1. Added · 20 U.S.C. § 6823(b)(2)(8)

      Pub. L. 114–95, § 3003(d)(2)(B), added pars. (2) to (8)

   2. Struck · 20 U.S.C. § 6823(b)(2)(8)

      Pub. L. 114–95, § 3003(d)(2)(B), struck out former pars. (2) to (6) which related to establishing standards and objectives for raising the level of English proficiency, assurances by the agency, coordination of programs and activities under this subpart with other programs and activities, accountability, and flexibility in teaching limited English proficient children, respectively

   Source evidence

   Code amendment note
   Subsec. (b)(2) to (8). Pub. L. 114–95, § 3003(d)(2)(B), added pars. (2) to (8) and struck out former pars. (2) to (6) which related to establishing standards and objectives for raising the level of English proficiency, assurances by the agency, coordination of programs and activities under this subpart with other programs and activities, accountability, and flexibility in teaching limited English proficient children, respectively.

   Enacted provision · exact public law section
   (B) by striking paragraphs (2) through (6) and inserting the following: “(2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State; “(3) provide an assurance that— “(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) regarding assessment of English learners in English; “(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G); “(C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; “(D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; “(E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards; “(F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and “(G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders; “(4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; “(5) describe how each eligible entity will be given the flexibility to teach English learners— “(A) using a high-quality, effective language instruction curriculum for teaching English learners; and “(B) in the manner the eligible entity determines to be the most effective; “(6) describe how the agency will assist eligible entities in meeting— “(A) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and “(B) the challenging State academic standards; “(7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 3114(d); and “(8) describe— “(A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and “(B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies.” ;

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

5. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 3003(d)(3) · 129 Stat. 1802

   Substituted · 20 U.S.C. § 6823(d)

   Pub. L. 114–95, § 3003(d)(3), substituted “this subpart” for “this part” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 114–95, § 3003(d)(3), substituted “this subpart” for “this part” wherever appearing.

   Enacted provision · exact public law section
   (3) in subsection (d)— (A) in paragraph (1), by striking “this part” each place the term appears and inserting “this subpart”; and (B) in paragraph (2)(B), by striking “this part” and inserting “this subpart”;

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

6. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 3003(d)(4) · 129 Stat. 1802

   Changed · 20 U.S.C. § 6823(e)

   Pub. L. 114–95, § 3003(d)(4), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 114–95, § 3003(d)(4), made technical amendment to reference in original act which appears in text as reference to section 7842 of this title.

   Enacted provision · exact public law section
   (4) in subsection (e), by striking “section 9302” and inserting “section 8302”; and

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

7. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 3003(d)(5) · 129 Stat. 1802

   1. Inserted · 20 U.S.C. § 6823(f)

      Pub. L. 114–95, § 3003(d)(5), inserted “by the State” after “if requested”

   2. Struck · 20 U.S.C. § 6823(f)

      Pub. L. 114–95, § 3003(d)(5), struck out “, objectives,” after “proficiency standards”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 114–95, § 3003(d)(5), inserted “by the State” after “if requested” and struck out “, objectives,” after “proficiency standards”.

   Enacted provision · exact public law section
   (5) in subsection (f)— (A) by inserting “by the State” after “if requested”; and (B) by striking “, objectives,”.

   Effective date note
   Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

8 of 9 references resolved to an enrolled provision · 1 partial