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SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

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(a) PLAN REQUIRED- Each State educational agency and specially qualified agency desiring a grant under this subpart shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

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(b) CONTENTS- Each plan submitted under subsection (a) shall —

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(1) describe the process that the agency will use in making subgrants to eligible entities under section 3114(d)(1);

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(2) describe how the agency will establish standards and objectives for raising the level of English proficiency that are derived from the four recognized domains of speaking, listening, reading, and writing, and that are aligned with achievement of the challenging State academic content and student academic achievement standards described in section 1111(b)(1);

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(3) contain an assurance that —

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(A) in the case of a State educational agency, the agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and researchers, in developing the annual measurable achievement objectives described in section 3122;

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(B) in the case of a specially qualified agency, the agency consulted with education-related community groups and nonprofit organizations, parents, teachers, and researchers, in developing the annual measurable achievement objectives described in section 3122;

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(C) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(7) to annually assess in English children who have been in the United States for 3 or more consecutive years;

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(D) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all limited English proficient children participating in a program funded under this subpart, consistent with section 1111(b)(7);

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(E) 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;

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(F) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out high-quality language instruction educational programs for limited English proficient children; and

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(G) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipients capacity to continue to offer high-quality language instruction educational programs that assist limited English proficient children in meeting challenging State academic content and student academic achievement standards once assistance under this subpart is no longer available;

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(4) describe how the agency will coordinate its programs and activities under this subpart with its other programs and activities under this Act and other Acts, as appropriate;

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(5) describe how the agency will hold local educational agencies, eligible entities, elementary schools, and secondary schools accountable for—

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(A) meeting all annual measurable achievement objectives described in section 3122;

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(B) making adequate yearly progress for limited English proficient children, as described in section 1111(b)(2)(B); and

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(C) achieving the purposes of this part; and

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(6) describe how eligible entities in the State will be given the flexibility to teach limited English proficient children—

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(A) using a language instruction curriculum that is tied to scientifically based research on teaching limited English proficient children and that has been demonstrated to be effective; and

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(B) in the manner the eligible entities determine to be the most effective.

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(c) APPROVAL- The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section.

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(d) DURATION OF PLAN-

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(1) IN GENERAL- Each plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) shall—

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(A) remain in effect for the duration of the agencys participation under this part; and

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(B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agencys strategies and programs carried out under this part.

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(2) ADDITIONAL INFORMATION-

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(A) AMENDMENTS- If the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary.

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(B) APPROVAL- The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this part.

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(e) CONSOLIDATED PLAN- A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 9302.

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(f) SECRETARY ASSISTANCE- The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments.