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SEC. 3116. LOCAL PLANS.

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(a) PLAN REQUIRED- Each eligible entity desiring a subgrant from the State educational agency under section 3114 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require.

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

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(1) describe the programs and activities proposed to be developed, implemented, and administered under the subgrant;

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(2) describe how the eligible entity will use the subgrant funds to meet all annual measurable achievement objectives described in section 3122;

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(3) describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this subpart accountable for —

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(A) meeting the 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) annually measuring the English proficiency of limited English proficient children, so that such children served by the programs carried out under this part develop proficiency in English while meeting State academic content and student academic achievement standards as required by section 1111(b)(1);

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(4) describe how the eligible entity will promote parental and community participation in programs for limited English proficient children;

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(5) contain an assurance that the eligible entity consulted with teachers, researchers, school administrators, and parents, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing such plan; and

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(6) describe how language instruction educational programs carried out under the subgrant will ensure that limited English proficient children being served by the programs develop English proficiency.

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(c) TEACHER ENGLISH FLUENCY- Each eligible entity receiving a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational program for limited English proficient children that is, or will be, funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills.

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(d) OTHER REQUIREMENTS FOR APPROVAL- Each local plan shall also contain assurances that —

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(1) each local educational agency that is included in the eligible entity is complying with section 3302 prior to, and throughout, each school year;

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(2) the eligible entity annually will assess the English proficiency of all children with limited English proficiency participating in programs funded under this part;

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(3) the eligible entity has based its proposed plan on scientifically based research on teaching limited English proficient children;

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(4) the eligible entity will ensure that the programs will enable children to speak, read, write, and comprehend the English language and meet challenging State academic content and student academic achievement standards; and

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(5) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of limited English proficient children, consistent with sections 3126 and 3127.

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