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SEC. 3121. EVALUATIONS.

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a) IN GENERAL- Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes —

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(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the two immediately preceding fiscal years;

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(2) a description of the progress made by children in learning the English language and meeting challenging State academic content and student academic achievement standards;

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(3) the number and percentage of children in the programs and activities attaining English proficiency by the end of each school year, as determined by a valid and reliable assessment of English proficiency; and

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(4) a description of the progress made by children in meeting challenging State academic content and student academic achievement standards for each of the 2 years after such children are no longer receiving services under this part.

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(b) USE OF EVALUATION- An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency —

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(1) for improvement of programs and activities;

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(2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient to attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and student academic achievement standards; and

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(3) in determining whether or not to continue funding for specific programs or activities.

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(c) EVALUATION COMPONENTS- An evaluation provided by an eligible entity under subsection (a) shall —

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(1) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who —

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(A) are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency;

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(B) have transitioned into classrooms not tailored to limited English proficient children, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English proficient children;

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(C) are meeting the same challenging State academic content and student academic achievement standards as all children are expected to meet; and

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(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and

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(2) include such other information as the State educational agency may require.

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(d) EVALUATION MEASURES- A State shall approve evaluation measures for use under subsection (c) that are designed to assess —

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(1) the progress of children in attaining English proficiency, including a childs level of comprehension, speaking, listening, reading, and writing skills in English;

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(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and

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(3) progress in meeting the annual measurable achievement objectives described in section 3122.

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(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES- Each specially qualified agency receiving a grant under this part shall provide the evaluations described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under :