SEC. 3111. FORMULA GRANTS TO STATES.
(a) IN GENERAL- In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c).
(b) USE OF FUNDS-
(1) SUBGRANTS TO ELIGIBLE ENTITIES- The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agencys allotment under subsection (c) for a fiscal year —
(A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and
(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry out the activities described in section 3115(e).
(2) STATE ACTIVITIES- Subject to paragraph (3), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agencys allotment under subsection (c) to carry out one or more of the following activities:
(A) Professional development activities, and other activities, that assist personnel in meeting State and local certification and licensing requirements for teaching limited English proficient children.
(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1).
(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in —
(i) identifying and implementing language instruction educational programs and curricula that are based on scientifically based research on teaching limited English proficient children;
(ii) helping limited English proficient children meet the same challenging State academic content and student academic achievement standards as all children are expected to meet;
(iii) identifying or developing, and implementing, measures of English proficiency; and
(iv) promoting parental and community participation in programs that serve limited English proficient children.
(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded their annual measurable achievement objectives pursuant to section 3122.
(3) ADMINISTRATIVE EXPENSES- From the amount reserved under paragraph (2), a State educational agency may use not more than 60 percent of such amount or $175,000, whichever is greater, for the planning and administrative costs of carrying out paragraphs (1) and (2).
(c) RESERVATIONS AND ALLOTMENTS-
(1) RESERVATIONS- From the amount appropriated under section 3001(a) for each fiscal year, the Secretary shall reserve —
(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the Secretary, consistent with this subpart;
(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined by the Secretary, for activities, approved by the Secretary, consistent with this subpart;
(C) 6.5 percent of such amount for national activities under sections 3131 and 3303, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 3303; and
(D) such sums as may be necessary to make continuation awards under paragraph (2).
(2) CONTINUATION AWARDS-
(A) IN GENERAL- Before making allotments to State educational agencies under paragraph (3) for any fiscal year, the Secretary shall use the sums reserved under paragraph (1)(D) to make continuation awards to recipients who received grants or fellowships for the fiscal year preceding any fiscal year described in section 3001(b)(1)(A) under —
(i) subparts 1 and 3 of part A of title VII (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); or
(ii) subparts 1 and 3 of part B of this title.
(B) USE OF FUNDS- The Secretary shall make the awards in order to allow such recipients to receive awards for the complete period of their grants or fellowships under the appropriate subparts.
(3) STATE ALLOTMENTS-
(A) IN GENERAL- Except as provided in subparagraph (B), from the amount appropriated under section 3001(a) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 3113(c) —
(i) an amount that bears the same relationship to 80 percent of the remainder as the number of limited English proficient children in the State bears to the number of such children in all States; and
(ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States.
(B) MINIMUM ALLOTMENTS- No State educational agency shall receive an allotment under this paragraph that is less than $500,000.
(C) REALLOTMENT- If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or 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 this subpart, the Secretary —
(i) shall endeavor to make the States allotment available on a competitive basis to specially qualified agencies within the State to satisfy the requirements of section 3115 (and any additional requirements that the Secretary may impose), consistent with the purposes of such section, and to carry out required and authorized activities under such section; and
(ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with subparagraph (A).
(D) SPECIAL RULE FOR PUERTO RICO- The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year.
(4) USE OF DATA FOR DETERMINATIONS-
(A) IN GENERAL- In making State allotments under paragraph (3), for the purpose of determining the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, for each fiscal year, the Secretary shall use data that will yield the most accurate, up-to-date numbers of such children and youth.
(B) SPECIAL RULE-
(i) FIRST 2 YEARS- In making determinations under subparagraph (A) for the 2 fiscal years following the date of enactment of the No Child Left Behind Act of 2001, the Secretary shall determine the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, using data available from the Bureau of Census or submitted by the States to the Secretary.
(ii) SUBSEQUENT YEARS- For subsequent fiscal years, the Secretary shall determine the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, using the more accurate of —
(I) the data available from the American Community Survey available from the Department of Commerce; or
(II) the number of children being assessed for English proficiency in a State as required under section 1111(b)(7).